Appeal question and new updates need help understanding them?
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got some new and pretty fast updates in 2010 is that a good thing??and im going to leave it to the knowledge of the ones that do plan on helping me on this question let me know if its good that these updates back to back happen and a total of three in the past week i believe.But im clueless on what they mean or what is going to happen next?And if so can u guys help me out understanding what those updates mean and if you guys have any idea if it looks good or bad on the appeal and what steps might happen next and how far are they into the appeal or almost done thank you in advance im going to put the whole transcrip so you guys can get a clear picture California Appellate Courts Date Description Notes 08/14/2008 Notice of appeal lodged/received (criminal). 7 day jury trial; 1st degree murder, 2 counts of attempted murder, permitting another to discharge firearm from vehicle, discharge firearm from vehicle, shoot at inhabited dwelling; 25 years to life without the possibility of parole as to count 1; remaining counts 25 years to life with the possibility of parole plus 10 years consecutive; copy to CCAP 08/14/2008 Notice to reporter to prepare transcript. Sent to ctrrs Flanagan and Correia on 08/07/08 08/25/2008 Court reporter extension granted. CSR: (4490) Extended Due Date: 09/26/2008 1st req 08/26/2008 Appellant notified re: right to counsel. to applt #1 09/26/2008 Court reporter extension requested. 2nd req by ctrr ; to PJ for OK 09/26/2008 Court reporter extension granted. CSR: (4490) Extended Due Date: 10/27/2008 2nd req; OK'd by APJ; N/F imposed 10/30/2008 Record on appeal filed. C2/426 pgs, R4/711 pgs & master index; ltr sent re: record filed & AOB due w/n 40 days 10/30/2008 Probation report filed. confidential pgs 334-345 of the ctx 10/31/2008 Appointment request for counsel filed. by applt 10/31/2008 Filed order appointing counsel (C.C.A.P. review). Defendant and Appellant: Attorney: --------------------------------------… aob due in 30 days 12/02/2008 Motion/application to augment record filed. Attorney on behalf of appellant ; Clerk's Transcript People's Exhibit A (Transcript introduced at suppression motion on 4/18/08); People's Exhibit 53, (Transcript of appellant's tape recorded statement to police); Reporter's Transcript Marsden motion on 4/22/08; Motion to amend information on 4/25/08; (to W&M Dept) 12/03/2008 Augmentation granted. (See order.) Attorney on behalf of appellant ; People's Exhibit A introduced at suppression motion 4/18/08, People's trial exhibit 53; RT Marsden motion 4/22/08 & hearing held 4/25/08; Within 30 days; AOB due 30 days after ARF; (W3) 12/09/2008 Notice to reporter to prepare transcript. Court Reporter ; Noticed by Superior Court Clerk re 12/3/08 Augment Order. 01/06/2009 Received: Augmented Record pursuant to 12/3/08 Order; R1/Sealed Marsden Transcript 4/22/08; 1 Court Reporter Declaration; C1/1 pg; 1 DVD (People's Exhibit 53); (To OT for copies) 01/06/2009 Augmented record filed. pursuant to 12/3/08 Order; R1/Sealed Marsden Transcript 4/22/08; 1 Court Reporter Declaration; C1/1 pg; 1 DVD (People's Exhibit 53); (Copy of DVD sent to each counsel); (Letter to counsel AOB is due) 01/07/2009 Telephone conversation with: Atty indicating that the Augmentation from Superior Court, filed 1/6/09, was not correct. Counsel was directed to Notice this court as the issues for further orders to the Superior Court. 01/23/2009 Motion/application to augment record filed. (Second Application); Attorney on behalf of appellant; Clerk's Transcript People's Exhibit A, (Transcript of tape-recorded statement to the police) introduced at 4/18/08 hearing; People's Exhibit 53A, (Transcript of tape-recorded statement to police); Reporter's Transcript 4/24/08 motion to amend information; (to W&M Dept) 02/02/2009 Augmentation granted. (See order.) Attorney on behalf of appellant; CT People's Exhibit A introduced at suppression motion on 4/18/08; People's trial Exhibit 53A transcript of tape record statement to police; RT hearing held 4/24/08; Within 30 days; AOB due 30 days after ARF; (W3) 02/23/2009 Augmented record filed. Pursuant to 2/2/09 order. C1/96 pgs; R1/5 pgs; 1 Court Reporter Declaration; (Letter to counsel AOB is due) 03/23/2009 Granted - extension of time. 04/20/2009 Requested - extension of time (2nd Request - to PJ) 04/20/2009 Granted - extension of time. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED, ABSENT PROOF OF EXCEPTIONAL CIRCUMSTANCES. 05/21/2009 Requested - extension of time 3rd Request - to PJ 05/22/2009 Granted - extension of time. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED, ABSENT PROOF OF EXCEPTIONAL CIRCUMSTANCES. 06/25/2009 Requested - extension of time 4th-no further time 06/25/2009 Granted - exte
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Answer:
All that has happened is that the case has been set for argument. The Attorney General representing the prosecution has filed a "conditional waiver." That appears to be something unique to that appellate district. It may be that a "conditional waiver" means that he is waiving his right to personally appear for argument so long as there is an argument via teleconference. He has given a 30 minute estimate as to how long he will argue (which is the maximum time allowed). I expect that the next entry you see will be the defense attorney's response to the argument setting.
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