Wednesday, September 8, 2021

Appellate delay battle continues

Today's DJ has 3rd District trades filings with opposition in case over delays:

"The attorney for the 3rd District Court of Appeals [sic] has made a fresh attack on the standing argument for an appellate attorney suing the court, stating that an ACLU amicus curiae letter misstates a state Supreme Court's opinion. Meanwhile, writ petitioner Jon B. Eisenberg, an appellate attorney in Healdsburg, said the appellate court's delays in criminal cases are hurting crime victims as well as defendants."

Also of note, last week 4/3 published an opinion that reiterates that an appellant's failure to provide a complete record of both favorable and unfavorable evidence results in a waiver of any sufficiency of the evidence challenge on appeal. (The opinion also has nice red footnote numbers.)