Conti Appeal Oral Arguments slated for 9 A.M., Jan. 14, 2014. Recap of Defendant Watchtower's Complaint of Errors for your info.

by AndersonsInfo 29 Replies latest watchtower child-abuse

  • Chaserious
    Chaserious
    So confused as to how long this could go on??  Does anyone know if this is the end of the line after this decision? 

    The panel will issue a written opinion within 90 days after the oral argument date.  It could be sooner; 30-60 day turnaround is common.

    Then the decision can be appealed to the California Supreme Court.  That must be filed within 10 days after the court of appeals opinion is filed.


  • cofty
    cofty

    Thanks Chaserious.

    If the WT lose this appeal do they have an automatic right to appeal to the California Supreme Court or could they be refused further right of appeal?

  • Chaserious
    Chaserious
    If the WT lose this appeal do they have an automatic right to appeal to the California Supreme Court or could they be refused further right of appeal?

    The California Supreme Court would have the discretion to accept the appeal or not.  They can refuse to hear it without explaining why.  If there is a further petition for review, it should be granted or denied within 4-6 months from when the Court of Appeal opinion is released.  

    Of course, if the CA Supreme Court accepts the appeal, that would trigger a whole new round of briefing, oral argument, etc.

  • cofty
    cofty
    Thanks. Let's hope there is closure sooner rather than later.
  • truthseekeriam
    truthseekeriam

    Thank you Chaserious. Lets just hope this goes favorable for Candace Conti.

    My thoughts and well wishes go out to her right now.

  • Chaserious
    Chaserious
    Yes, let's hope for a good outcome for Ms. Conti after all of this.
  • Splash
    Splash

    4 days to go...

    Splash

  • Phizzy
    Phizzy
    Or 60 to 90 days, as Chas says above.
  • Open mind
    Open mind

    Let's say it goes all the way to CA Supreme Court and WT loses there.  Can WT then try taking it to the US Supreme Court? 


    Sorry if this has already been asked before.


    om

  • Chaserious
    Chaserious
    Let's say it goes all the way to CA Supreme Court and WT loses there.  Can WT then try taking it to the US Supreme Court? 

    Yes, although they cannot appeal the special relationship/duty to warn issue to the US Supreme Court, which is probably the issue that the CA appeal court will be most interested in (and probably their strongest argument on appeal).  Since that relates only to state law, the Supreme Court cannot hear that issue. Here is a link to the jwleaks post of the WTS appeal brief, which outlines the six grounds for appeal raised by WTS.  It appears to me that in theory, four of the other six arguments aside from the duty to warn issue could be appealed to the US Supreme Court. 

    Technically, they could  ask the US Supreme Court to hear the case even if the CA Supreme Court declines to hear the appeal. 


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