Friday, July 6, 2012

Next Step: Respondent's Brief is due May 21, 2015

07/06/2012Respondent's brief letter sent; due:    on or before May 21, 2015. (see California Rules of Court, rule 8.630(c)(1)(B), (C))

It appears that 2015 must be a typo.  But let's look at Rule 8.630(c)(1)(B)(C).  The combined record includes 50,347 pages of clerk's transcripts, 21,830 pages or court reporter's transcripts, and another 211 pages or so of unsealed pages.  That brings us to a grand total of 72,177 pages, 62,177 pages over the 10,000 page base.  62x15=930 days added to the 120 day limit in (B) = 1050 days, which is just short of 3 years, and I may have missed some pages.  Hence, the 2015 is correct.  

(c) Time to file 

(1)Except as provided in (2), the times to file briefs in an appeal from a judgment of death are as follows: 

(A)The appellant's opening brief must be served and filed within 210 days after the record is certified as complete or the superior court clerk delivers the completed record to the defendant's appellate counsel, whichever is later. The Supreme Court clerk must promptly notify the defendant's appellate counsel and the Attorney General of the due date for the appellant's opening brief. 

(B)The respondent's brief must be served and filed within 120 days after the appellant's opening brief is filed. The Supreme Court clerk must promptly notify the defendant's appellate counsel and the Attorney General of the due date for the respondent's brief. 

(C)If the clerk's and reporter's transcripts combined exceed 10,000 pages, the time limits stated in (A) and (B) are extended by 15 days for each 1,000 pages of combined transcript over 10,000 pages. 

(D)The appellant must serve and file a reply brief, if any, within 60 days after the respondent files its brief. 


Scott's Brief

The brief has been made available on the Peterson website.  Go to Scott's Brief.

Reminder, if you want to discuss the brief, you can go to SII's chat room at http://pwc-sii.com/forum/index.php.

Thursday, July 5, 2012

Great News!!!!!!!



07/05/2012Appellant's opening brief filedAppellant: Peterson, Scott Lee
Attorney: Cliff Gardner     (98, 891 words; 427 pp.)

Tuesday, July 3, 2012

Sealed records received by the Court


07/02/2012Received additional record    material under seal, clerk's transcript 2 volumes (211 pp.)