Archived
How many years is my husband looking to face in State Prison after losing at trial and convicted? Can he appeal?
Martin's answer
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Answered on March 27, 2020
In the situation you describe, the defendant could get up to nine years in state prison for the PC 245(b) conviction and a consecutive term of...
Archived
Does CA Supreme Court's Extension of Deadlines in Response to COVID-19 apply to Petitions for Review?
Martin's answer
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Answered on March 20, 2020
My interpretation of the order would be that it applies to petitions for review. That said, if I had a deadline for a petition for review during...
Table of authorities in appeal brief?
Martin's answer
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Answered on March 05, 2020
Yes, in that example, I would include Allis-Chalmers Corp. v. Lueck in my Table of Authorities. I also would not regard that as an "internal...
Archived
Who should be defendant in Supreme court for writ of mandate if court of appeal denied a writ?
Martin's answer
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Answered on February 28, 2020
In a mandate petition filed in the Supreme Court, the respondent (not defendant) should be the person or entity whom you're asking the Supreme...
Archived
Filed a request for judicial notice in the opening brief and it got rejected for technical reasons. Can it still be reinstated?
Martin's answer
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Answered on February 26, 2020
Appellate rules require a request for judicial notice to be made in a separate motion, not as part of a brief. (Cal. Rules of Court, rule...
How do you respond to a Notice of Appeal in Family law?
Martin's answer
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Answered on February 22, 2020
A notice of appeal, by itself, does not require any response. If your opponent continues to pursue the appeal, there will be other documents to...
Archived
After sentencingcan you meet with the judge to plead for leniency or original sentence on behalf of the convicte?
Martin's answer
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Answered on February 19, 2020
There's no legal provision for such a meeting, and I'm sure that no judge would take such a meeting.
Archived
If there are three defendants and two are granted a final summary judgment is future service required to all three?
Martin's answer
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Answered on February 10, 2020
That depends on what is being served. If it's a notice of appeal or any other attack on the judgment in their favor, then yes.
Archived
Motion for attorney fees?
Martin's answer
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Answered on January 31, 2020
No, the filing of an appeal does not stay a motion for attorney fees. The order on such a motion can be the subject of a later appeal.
Appeals court wants a hearing/oral arguments after respondent defaulted ... is that a good sign for me, the appellant?
Martin's answer
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Answered on January 31, 2020
As I read rule 8.929 of the California Rules of Court, it is mandatory for the appellate division to schedule oral argument in an infraction...
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