Jon Eisenberg, the Healdsburg attorney who has accused the Third District Court of Appeal of allowing cases to languish for years, sued the Sacramento-based appellate court Tuesday for failing to fast-track criminal appeals.
The writ petition, filed in the state Supreme Court, said the court has “systematically failed” to give statutorily mandated calendar preference to at least 278 criminal appeals since 2018. Defendants in those fully briefed cases have waited—sometimes for years—for a final disposition, the suit alleged. ... In a lengthy written response, Raye called Eisenberg’s allegations that the court is “systemically” denying calendar preference for criminal appeals “simply wrong.”
The DJ's story is Presiding Judge Defends 3rd District Against Delay Complaints
“His claims are simply wrong,” Raye wrote in an email to the Daily Journal responding to the allegations by veteran appellate attorney Jon B. Eisenberg. “He claims the Third District is ‘systemically’ denying statutory calendar preference for many criminal appeals. Not so. There are a multitude of statutes providing calendar preferences for various categories of cases, and other priorities are established by motions in individual cases. There is no ‘systemic’ denial of calendar preferences.”
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