Re: Appeal Thread - All Discussion / Update: Murray Filed for Appeal
02/11/2013 Order filed. Appellant's February 5, 2013 request for leave to file a reply to Mr. Flanagan's response is denied.
02/20/2013 Telephone conversation with: Peggy at J. Michael M. Flanagan's office re: response to appellant's January 30, 2013 motion. Counsel will not be filing a response to the motion.
02/25/2013 Motion filed. Appellant's motion for a 21 day extension of time and for a Booth order authorizing appellant's counsel to take a laptop computer into the attorney visiting room at Men's Central Jail.
02/25/2013 Order filed. The court has read and considered appellant's January 30, 2013 motion requiring trial counsel J. Michael Flanagan to provide a copy of the trial file and to respond to appellate counsel's questions in regard to the appeal. Mr. Flanagan advised the court by telephone that no response to the motion would be filed. Good cause appearing therefor, IT IS HEREBY ORDERED that appellant's motion is granted as follows: J. Michael Flanagan is ordered to provide appellate counsel Valerie Wass with his entire trial file and to cooperate with appellate counsel.
[copy of order sent to J. Michael Flanagan via U.S. Mail]
02/25/2013 Order filed. Appellant's February 25, 2013 motion requesting to extend the default period and for a Booth Order is denied.
03/04/2013 Motion filed. Appellant's Motion for an Order Requiring Appellant's Trial Counsel J. Michael Flanagan to Comply with This Court's February 25, 2013 Order by Having a Telephone Conference with Appellate Counsel to Discuss the Case, or Be Held in Contempt of Court; and Request for Sanctions in the Sum of $3, 340.00, Based on Trial Counsel's Willful Failure to Comply with His Duty to Cooperate with Appellant Counsel [E-filed.]
03/07/2013 Requested - extension of time
Appeal dismissed for failure to file opening brief. Requested for 04/02/2013 By 18 Day(s)
E-filed.
03/08/2013 Telephone conversation with: Peggy at J. Michael Flanagan's office - counsel will be filing an opposition to appellant Murray's motion of March 4, 2013.
03/08/2013 Granted - extension of time.
Appeal dismissed for failure to file opening brief. Due on 03/25/2013 By 10 Day(s)
The record on appeal was initially filed in this court more than 15 months ago, on January 31, 2012. Augmented and supplemental records were filed in May 2012. According to prior declarations submitted by Ms. Wass, she performed "extensive work" on the matter beginning immediately after January 31, 2012. On June21, 2012 the court extended the time for filing the opening brief for 60 days to August 20, 2012. Since then, the date for filing the opening brief has been extended an additional seven months. Without questioning the legitimacy of any individual extension request, in the aggregate the amount of time requested appears unreasonable. The court grants one final ten (10) day extension to March 25, 2013. If, as she threatens, Ms. Wass believes it is appropriate to file a motion to withdraw unless she receives the extension as requested, the court will consider that motion on its merits.
http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=2&doc_id=1999218&doc_no=B237677
