In December of 2004, Cliff Gardner argued for petitioner Peter Sakarias in the California Supreme Court in In re Sakarias and Waidla, December 7, 2004. On March 3, 2005, the California Supreme Court granted relief to Peter Sakarias. In its opinion, the Court held for the first time that the Constitution precluded criminal prosecutors from taking inconsistent factual positions in two separate trials. Mr. Sakarias was released from death row several months later.
In re Sakarias and Waidla, Opening Argument