Petition for review granted in supreme court
Alternative writ or osc issued/ Palma letter sent response due 4/19/2024
Martin's answer
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Answered on April 20, 2024
It sounds like good news for the defendantwho is appealing, but you should ask the "someone" who is representing the defendant on appeal.
Can I file ineffective assistance of counsel motion prior to trial but after preliminary?
Martin's answer
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Answered on April 17, 2024
There's no such thing as an "ineffective assistance of counsel motion." Obviously, you already know about Marsden motions. You can make one of...
Shall POS of serving Motion to Set Aside dismissal be filed with Court prior to 6-month statute of limitations due date?
Martin's answer
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Answered on April 04, 2024
In general, a motion must be accompanied by proof of service, or the clerk will not file it. So, yes.
How to electronically “serve” a writ petition on a respondent court (LA County Superior Court)
Martin's answer
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Answered on April 03, 2024
Not being familiar with e-filing in the L.A. superior court, I can't say whether you did anything wrong there. But since the Court of Appeal...
Does consent to electronic service in Superior Court mean a party consents to electronic service in the Court of Appeal?
Martin's answer
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Answered on March 30, 2024
Rule 8.78 of the California Rules of Court governs consent to electronic service in the appellate courts.
Are there any criminal appeal attorneys that are affordable?
Martin's answer
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Answered on March 20, 2024
It's way too late to appeal a conviction suffered in 2021 or a sentence imposed in 2022. Also, if your total prison sentence is 4 years, then you...
??? Filing a federal lawsuit because defense attorney didn't address civil rights violations? After forced in to taking plea.
Martin's answer
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Answered on March 19, 2024
??? Growing up? Taking responsibility for one's own actions? See, just putting question marks before and after a sentence doesn't make it a...
How do I appeal missing trial after filing motion to set aside when court changed date and didn’t notify me prúuu?
Martin's answer
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Answered on March 13, 2024
An appeal is started by filing a notice of appeal in the trial court. By the way, an e-mail is a message, though I don't know what "prúuu" is.
In a Criminal Misdemeanor appeal where the appellate division issued a Memorandum of Opinion and did not respond to defendant's
Martin's answer
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Answered on March 11, 2024
The former. (See Cal. Rules of Court, rule 8.1006.) The Appellate Division's failure to grant the certification within the time allowed is...
Should I only refer to statewide court decisions (CA) in my spplmntl brf to the appellate court? Fed/Sprm Crt decisions ok too?
Martin's answer
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Answered on March 05, 2024
Yes, it is permissible to cite a published decision of any court, state or federal, in a brief filed in the California Court of Appeal. Only...
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