Quote Quoting That Guy
View Post
I prefer to assume that the appellate is a bit smarter than to get caught snoozing on the bench so as to buy into a simple play on words that suggests that the "officer's return date" is neither a "due date" or a "time limit"... If it is neither a due date or a time limit, then why are you making such a big issue of the possibility that it was "exceeded"?
4.210 explicitly defines "due date" for some reason, assumed to not be gratuitous. The issue here is not that something was "exceeded", it's that if the verdict is guilty, the court admitted evidence once the case had been submitted.

Quote Quoting That Guy
View Post
A mandatory requirement as much as Benhoor's "... the clerk must set a trial date within 45 calendar days of receipt of the defendant’s written request for a new trial..." was and still is a mandatory requirement and request for dismissal it still got REJECTED!
No, that is a time limit (i.e., within x days). And the primary reason Benhoor said PC 1382 didn't apply is because TDN is not a "motion for a new trial", i.e. 1382 doesn't apply on its face to a TDN.

Quote Quoting That Guy
View Post
4.210 (h) Additional forms and procedures
The clerk may approve and prescribe forms, time limits, and procedures that are not in conflict with or not inconsistent with the statute or this rule.

There is no mention of "record", "record entries" and/or "minutes"!
Sure, it may be another "out", but I'm also sure that there will be plenty of case law that details what exactly a court can order completely "off the record".

Quote Quoting That Guy
View Post
And allowing the officer's declaration (I'll even play along for a minute) after the "officer's return date" and as long as it does not conflict with or delay the date the case is scheduled for review...
Well, if you were making this argument (i.e., officer's delayed TBD should not be accepted), it certainly helps if you can show prejudice somehow as required by 4.210(b)(8).

But we'll just have to see. It'll be an interesting case of threading the needle, assuming OP decides to go through with a writ...

------------

Quote Quoting That Guy
View Post
LOL.. U. M's.??? Or a misread calender?

Today is the 9th, Quirky... Yesterday (when you posted the "NOW") was Sunday!
U.M's??? I think fate gave me my own (premature) senior moment there, perhaps for making fun of your reading glasses in that lidar-pacing-ETS thread!