by jwleaks 212 Replies latest watchtower child-abuse
Chaserious,,so does that mean 'anyone' can just submit a letter like that to the Court? I would expect that the judge(s) are just busy reading the Court records that everything in the Civil Court was done according to 'legal procedure/law.'
Seems strange that the "docket" or Appeals Court would submit and record an 'opinion' letter at this point?
No, it doesn't mean that anyone can submit a letter, at least not in the sense that you can expect it to be considered as past of the case. The judges don't post these items on the docket, so the fact that it appears does not mean that it will be considered or that the judges have read it. Generally, everything that is received from the parties is posted on the docket, which sometimes can even include things submitted by the parties that are improper or can't be considered. I'm not sure if all courts have a policy on unsolicited documents that arrive in the mail from someone other than a party. It could be that the court rule is to post everything on the docket for the sake of transparency, or it could be that this doesn't happen often and someone in the court clerk's office posted it by mistake.
Has a date for hearing the appeal been set? Why's it dragging on so long?
.
Just Curious..
Has anyone found out what`s in Joey Herrera`s letter,or why he wrote it?..
.....................................
...OUTLAW
http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=1&doc_id=2025979&doc_no=A136641
nearly four months now,,,nothing.
Anything court related takes forever!! Add in the holidays in such...I wouldn't expect anything before Feb/March. I feel for Candace, I'm sure she must be ready to get this behind her.
Chaserous said-
No, it doesn't mean that anyone can submit a letter, at least not in the sense that you can expect it to be considered as past of the case. The judges don't post these items on the docket, so the fact that it appears does not mean that it will be considered or that the judges have read it. Generally, everything that is received from the parties is posted on the docket, which sometimes can even include things submitted by the parties that are improper or can't be considered. I'm not sure if all courts have a policy on unsolicited documents that arrive in the mail from someone other than a party. It could be that the court rule is to post everything on the docket for the sake of transparency, or it could be that this doesn't happen often and someone in the court clerk's office posted it by mistake.
My understanding is that anyone who's not a party to the action can submit an unsolicited letter (called an amicus curae brief) to the Court, where the sender sends it along with a cover letter (called a 'motion for leave') in which they have explain who they are, how the outcome of the case effects them, and why the court should take the time to read their attached legal brief for consideration before ruling on the matter before the Court.
The Court isn't required to read ANY brief they receive, only the 'motion for leave'; it would be unnecessarily burdensome if everyone and their mother sent screeds filled with their personal testimonials and called them 'briefs' (i.e. the Court only cares about whatever complex legal issues are at play in the appellate matter before them).
Adam
http://www.californiaappeals.com/appeals-statistics.html
State court civil appeal reversal rates
In the 2008-2009 fiscal year — the most recent for which statistics are available — the California Court of Appeal affirmed in full 68% of civil cases it decided. A further 9% were affirmed with modification. The percentage of cases that were reversed was 19%. A further 3% were dismissed for some reason without being considered on the merits (this would include things like late or premature filings, attempted appeals of nonappealable orders, and failure to file briefs). (Numbers are apparently rounded to the nearest percentage, which is why they add up to 99%.)
In other words, almost one in five of civil appeals succeeds in California, with about half that number achieving some modification of the trial court outcome (although such modifications are often on technical grounds offering little, if any, meaningful relief to the appellant).
Those figures are fairly typical of the previous few years.
My understanding is that anyone who's not a party to the action can submit an unsolicited letter (called an amicus curae brief)
Amicus briefs are filed by persons who are not parties in the case, but they are not the equivalent of unsolicited letters. Generally, it is not the case that anyone can file an amicus brief. Parties wishing to file such briefs usually need permission from the court. It appears the California court system follows this rule.
CA Court Rule 8.200(c):
(c) Amicus curiae briefs
(1)
So applying the CA rule, not only would the letter presumably not be a proper amicus brief, but it would be out of time. An application for permission to file an amicus brief would appear on the docket if one were filed. I have never heard of a court allowing someone who is not a lawyer to file an amicus brief. The standard is generally that it is able to help the court decide the case, so filing such a brief requires discsussion of the law (usually some nuance of the law that the parties themselves are unable to delve into).
Amicus Curiae
Definition: Latin term meaning "friend of the court". The name for a brief filed with the court by someone who is not a party to the case.
"... a phrase that literally means "friend of the court" -- someone who is not a party to the litigation, but who believes that the court's decision may affect its interest." William H. Rehnquist, The Supreme Court, page 89.
Amicus Curiae briefs are filed in many Supreme Court matters, both at the Petition for Writ of Certiorari stage, and when the Court is deciding a case on its merits. Some studies have shown a positive correlation between number of amicus briefs filed in support of granting certiorari, and the Court's decision to grant certiorari. Some friend of the court briefs provide valuable information about legal arguments, or how a case might affect people other than the parties to the case. Some organizations file friend of the court briefs in an attempt to "lobby" the Supreme Court, obtain media attention, or impress members.
"An amicus curiae brief that brings to the attention of the Court relevant matter not already brought to its attention by the parties may be of considerable help to the Court. An amicus curiae brief that does not serve this purpose burdens the Court, and its filing is not favored." Rule 37(1), Rules of the Supreme Court of the U.S.
"FRAP 29. BRIEF OF AN AMICUS CURIAE A brief of an amicus curiae may be filed only if accompanied by written consent of all parties, or by leave of court granted on motion or at the request of the court, except that consent or leave shall not be required when the brief is presented by the United States or an officer or agency thereof, or by a State, Territory or Commonwealth. The brief may be conditionally filed with the motion for leave. A motion for leave shall identify the interest of the applicant and shall state the reasons why a brief of an amicus curiae is desirable. Save as all parties otherwise consent, any amicus curiae shall file its brief within the time allowed the party whose position as to affirmance or reversal the amicus brief will support unless the court for cause shown shall grant leave for a later filing, in which event it shall specify within what period an opposing party may answer. A motion of an amicus curiae to participate in the oral argument will be granted only for extraordinary reasons." Rule 29. Federal Rules of Appellate Procedure.
............................................OUTLAW
Within 14 days after the last appellant's reply brief is filed or could have been filed under rule 8.212, whichever is earlier, any person or entity may serve and file an application for permission of the presiding justice to file an amicus curiae brief. For good cause, the presiding justice may allow later filing.