Archived
With regards to offers of proof, if a judge refused to take your evidence you didn't do an offer of proof but in posttrial ?
Martin's answer
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Answered on November 21, 2017
I think the only way that could be "almost like making an offer of proof" would be if you got the judge to agree on the record (at the post-trial...
Are audio recordings or appellate oral arguments (no transcripts) admissible as evidence?
Martin's answer
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Answered on November 16, 2017
I don't think your question can be answered without knowing what kind of "later proceedings" you have in mind and what the "evidence" of what...
Archived
If you file a request for an extension to file the brief, if the justices deny it how many days do you have to turn the brief in
Martin's answer
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Answered on November 16, 2017
You can file an application for an extension of time on the brief the day is due, although the justices prefer that you do it several days in...
Archived
Do the rules for an appellant apply exactly the same to a cross-appellant?
Martin's answer
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Answered on November 14, 2017
See California Rules of Court, rules 8.25, 8.100 (especially subdivision (f)), and 8.216. Those should answer most of your questions. They're all...
Archived
Is it too late to request Attorneys Fee on a civil appeal?
Martin's answer
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Answered on November 14, 2017
If your case is of the kind in which a prevailing party can be awarded attorney fees, and if you do prevail, I know of no reason why you could not...
Archived
How would I go about firing my CA public defender & substitute him for representation by a personal friend whom is not an attor?
Martin's answer
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Answered on November 13, 2017
You don't. It can't happen. The only non-attorney who can represent you is yourself.
Archived
If an opening appellants brief is filed, how long before one knows it at least passed the initial format requirements?
Martin's answer
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Answered on November 12, 2017
If the clerk's office is going to reject a brief for non-compliance, it usually happens quickly, within a court day or two after the brief arrives....
Archived
If the opinion regarding my husband's appeal is remanded to the trial courts to be resentenced how long will it take until he
Martin's answer
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Answered on November 10, 2017
There's no specific deadline for bringing a defendant back to the trial court for resentencing, unless the appellate court set a deadline in its...
Archived
If I appeal Case and loose again, what the consequences ? ?
Martin's answer
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Answered on November 05, 2017
In most cases, if you appeal a California conviction (from a trial, not a guilty plea) and the appellate court awards you a new trial, you can't...
Archived
What does this mean for my husband this was the opinion on his appeal criminal conviction?
Martin's answer
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Answered on October 20, 2017
It means that his probation will not be reinstated, that the Court of Appeal found a sentencing error (which I'm sure it describes in the opinion),...
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