Aug 22, 2015

Littlefield appellate decision, possible third jury trial kicked into 2016?

http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=1&doc_id=2078140&doc_no=A141929

The above is the link to the apellate court on this case.

Notice the entries of 8/17:

08/17/2015Motion filed.    Leave to file supplemental respondent's brief.
08/17/2015Request for judicial notice filed.    Respondent

Based on the comment local attorney Allan Dollison left on my last post, I contacted him for comment on this development.

"There is an entry in Littlefield wherein his new Court-appointed appellate attorney is requesting leave to file supplemental briefing. No surprise. He didn't write the original ones. The suspended attorney did. This will definitely be granted. I predicted this would happen. Further delay. Likely no decision until 2016," said Mr. Dollison.

Last post:
Apellate court not requesting oral arguments or additional briefings in Timothy Littlefield case, according to his lawyer
Alleged child molestor Timothy Littlefield had a disposition and reset hearing scheduled in Courtroom 2 this afternoon. If you are not the familiar with the case, this case has gone to trial twice, there is currently an appeal about the last trial pending, please read links below.

Mr. Russ Clanton represents Littlefield. Deputy District Attorney Brie Bennett is prosecuting the case. Today, Mr. Clantion told Judge Marilyn Miles and Ms. Bennett that "The Apellate court  is not requesting oral arguments or additional briefings in Timothy Littlefield case." He asked for another continuance and another disposition and reset hearing date in 45 days. Next court date is September 29 at 2 p.m.


Previous posts:

johnchiv.blogspot.com/2015/06/timothy-littlefields-past-appellate.html
http://johnchiv.blogspot.com/2015/05/deal-trial-what-will-next-court-date.html
(this post has other links and background)

These are the comments from that post:

Ok, Appellate Courts do not ASK for oral arguments. Oral arguments are afforded to litigants who ask for them. In this case Littlefield's newly appointed appellate attorney has done that on June 8. Since the matter was fully briefed neither side has the right and the Court of Appeals never asks for additional briefing. Prior to Oral Arguments the Court of Appeals will sometimes send out argument focus letters. Those are valuable insights into what they see as the issues, and what thruway to hear about during oral argument. They are not requests for additional briefing. The primary issue in this case is what evidence is appropriate for a trial court to consider from jury deliberations. The rule is very little, due to the sanctity and secrecy of the jury deliberations. I will admit that the Court is taking longer than normal to schedule oral arguments, but unless Littlefield withdraws his request, which is nil as his new lawyer did not write those briefs. It would be malpractice to not request arguments. There WILL be oral arguments.

This is what the docket entry says about Litlefield. These are the facts.

http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=1&doc_id=2078140&doc_no=A141929
ReplyDelete
Replies
  1. Allan, I reported what Mr. Clanton said in court. Neither Judge Miles or Ms. Bennett had received anything, in fact Judge Miles brought up a point about appellate decisions. You have been on the money. Thanks for the link. I need to check why I did not get that update. Did not have time to get the link. Been a busy day and week.
    Delete

1 comment:

  1. I saw that oral arguments were submitted. Whats next? Is this case going to trial?

    ReplyDelete

Note: Only a member of this blog may post a comment.