5 months since filing and no appeal date yet...

bozotheclown
Newbie
Newbie
Posts: 11
Joined: Wed Aug 06, 2014 9:35 pm

5 months since filing and no appeal date yet...

by: bozotheclown on
Mon Feb 23, 2015 1:58 pm

So despite my best efforts, I lost my trial in September. I immediately paid my fine and requested transcripts and filed my appeal. The transcripts were picked up and served in early November, around the 10th. I have not heard anything about this since then. Is this normal? They had no issues getting a hold of me for my disclosure or transcript notice so I imagine I would have received notice of my appeal date by now. Should I try to follow up or leave it be? Is it possible that they just want to drop the case based on my notice of appeal and transcripts?

Also the traffic stop happened in Jan 2014 so despite a relatively speedy trial, this appeal has now brought the situation to almost 14 months with no resolution. So maybe I can look into a 11b?




User avatar
highwaystar
Sr. Member
Sr. Member
Posts: 298
Joined: Fri Oct 11, 2013 5:46 pm

Posting Awards

by: highwaystar on
Mon Feb 23, 2015 4:36 pm

Call the court office where you filed the appeal to find out what's going on. It may be that a notice was sent in error to you. You need to clarify that with the court; not the prosecution's office. Secondly, forget about doing an 11b on an appeal. The court guidelines that apply for trials are not applicable to appeals.


bozotheclown
Newbie
Newbie
Posts: 11
Joined: Wed Aug 06, 2014 9:35 pm

by: bozotheclown on
Tue Feb 24, 2015 3:52 pm

highwaystar wrote:Call the court office where you filed the appeal to find out what's going on. It may be that a notice was sent in error to you. You need to clarify that with the court; not the prosecution's office. Secondly, forget about doing an 11b on an appeal. The court guidelines that apply for trials are not applicable to appeals.
Thanks. Guess it's semi-normal for it to take a while.
ynotp wrote:Care to share at what happened at your red light ticket trial and why you are appealing?
The justice sided with the testimony of the police officer despite what I felt were mistakes in his testimony and idea of events.










bozotheclown
Newbie
Newbie
Posts: 11
Joined: Wed Aug 06, 2014 9:35 pm

by: bozotheclown on
Wed Nov 11, 2015 5:39 pm

so this may be a dumb question but my transcript from my day of court doesn't contain mine or the prosecutions submissions. All it says is:

"The Court: You can have a spot back over here again."
"... Submissions by Mr. Me"
"... Submissions by Mr. Prosecutor"
then Reasons For Judgement....

Does that seem odd? can't i use the submissions portion for appeal?








bozotheclown
Newbie
Newbie
Posts: 11
Joined: Wed Aug 06, 2014 9:35 pm

by: bozotheclown on
Wed Nov 11, 2015 7:16 pm

jsherk wrote:You could ask for the appeal to be re-scheduled as you just noticed the error.
Hmm that's a good point. But I wonder if that part of the transcript is available anywhere as I imagine they'd have included it. It probably can't be used to get me off huh, since I did my part in paying for the transcript? They're theoretically screwing me by not having that part of the transcript...


jsherk
High Authority
High Authority
Posts: 1722
Joined: Thu Jul 26, 2012 1:18 pm

by: jsherk on
Wed Nov 11, 2015 7:26 pm

Well there might be something important in that section, but without it you have no idea.

The trials are audio recorded so it should all be there.

You will have to contact the court recorder who did the transcript for you and ask them why it was not included.
+++ This is not legal advice, only my opinion +++




Post Reply
  • Similar Topics

Return to “Courts and Procedure”

Who is online

Users browsing this forum: No registered users and 5 guests