Trial De Novo Denied

[epowerfan]

Thank you ThatGuy, quirkyquark and themadnorwegian,

I'm learning a lot. Would have asked for a TBD if I'd known about TBD & de novo back when they scheduled a trail date I couldn't make.

Last Fri I mailed an appeal to the denial of Req for New Trial motion (with arguments from my first post that I now know are flawed). It was just in letter format, not a CR-142 form. Sat I deposited the Appeal notice on form CR142 in the deposit box.
Got notice by mail from the court today they filed the appeal, and a TR-225 form denying my appeal on the new trial request.
The reason for denial stated, 'see this court's ruling dated last week'.

So my case appeal notice is filed, and I need to file an appellate brief..
Can I also appeal the Req for new trial to the appellate court on a CR-142 form? So it will be reviewed by the Appellate court? All I want is a new trial.

On CR-142 should I check Q#2) c. -- other (describe the action you are appealing and indicate the date the trial court took the action): denial of Request for New Trial (trial de novo)?
If so, do I need to file it within 10 days of the first denial by TR-225?

Only reason I can think of to abandon the case appeal is if I can get an appellate reversal for a new trial.

Thanks,

[quirkyquark]

On CR-142 should I check Q#2) c. -- other (describe the action you are appealing and indicate the date the trial court took the action): denial of Request for New Trial (trial de novo)?

You need to be appealing the judgment/conviction in the underlying case, NOT the denial of the motion for a new trial! Which CR-142 have you filed?

[epowerfan]

I filed a CR-142 appealing the judgement/conviction.
Can I also appeal the denial of req for new trial? If so, would I need to file within 10 days of the order denying it?

[quirkyquark]

Can I also appeal the denial of req for new trial? If so, would I need to file within 10 days of the order denying it?

I can't think of any statutory basis for appealing your denial of new trial, so I would NOT recommend doing it and sticking with the original appeal where you have arguments.

Did you choose a transcript, electronic recording or proposed statement on your CR-142? You'll need to prepare for that next.

[epowerfan]

Can I use the same arguments that I would use appealing the conviction, to appeal the denial of new trial?

On the form TR-220 Req for new trial, I filed it with very simple language:
'I was unable to attend the trail date of Aug __ because I didn't have a valid driver license because of the fault of the DMV; the court is a 1 1/2 hour drive for me.
The DMV has finally restored and renewed my driver license through ____, 2017."

And the TR-225 denying it said, "defendant is not entitled to a trial de novo following a TBD because this matter proceeded as a court trial (not TBD) on Aug __, 2012."

Also, what about a request for stay order? Is there a form for that?

I chose transcript

[quirkyquark]

Can I use the same arguments that I would use appealing the conviction, to appeal the denial of new trial?

Did you miss the points made in posts #8 and #9? That denial is absolutely valid, and you have no grounds to appeal. There is no right to TBD after a court trial -- wait, scratch that, even if a court WANTED to give you TBD after a court trial, by law they CANNOT. If things go your way, the appeal of the conviction may result in a new trial.

Also, what about a request for stay order? Is there a form for that?

No. You don't need one here; it's more for people who want to stay out of prison pending appeal, or people who don't want to pay up a civil judgment pending appeal.

I chose transcript

Please post that here (personal info redacted) when it arrives.

[aaron]

Apparently the appeal was denied.

[free9man]

Apparently the appeal was denied.

Uh-oh...psychic admins.

[That Guy]

^^Hahaaaa^^... Not to brag but if you scroll up, there was another prediction that slightly preceded aaron's!




And in response to Quirky regarding his case law citations, neither case he cited is offering proper precedent here. First, DiSandro didn't apply here simply because DiSandro did have an attorney who did file for a continuance (which was later denied) and so she had every reason to anticipate that her appearance in court was not required, better yet, rescheduled. And so it was her attorney's fault for telling her case continued when in fact, he had only filed the motion for a continuance which was not ruled on until later.

As for Kriss, the dismissal of the nine or so cases reversed in that decision was simply the appellate's way of sending notice to that particular judge to refrain from continuing with that same procedure. Realistically speaking and since the appellate had issue with the sentencing of these defendants in cases where (as described in the dissenting opinion) "Defendants were present during their trials and all testified. The evidence against them was substantial. In the case of defendant Kriss, even he testified that he had exceeded the 55-mile-per-hour maximum speed limit as charged."... it should have remanded the case back to the lower court for compliance with an order to hold a sentencing hearing with the defendant present in court. Had that been done, the outcome would have been the same... In this case, this defendant could not appear, in fact and as it turns out, he was NOT on his ONE continuance as he claimed here, instead, he was on his SEVENTH continuance and was working on EIGHTH! But similarly, even if sentenced while present, the outcome will still be the same except, if he's claiming a hardship as his inability to appear 1 1/2 hour away from where he lives, it would be a hardship for him to make such an appearance only to be told that he was found guilty and to pay the fine!

[jast]

What reasons could be good for trial de novo? In the form TR-220 the item 3 says: "I request a new trial (trial de novo) for the following violations". What violation could be there? Trial by declaration was denied for a speeding ticket. Please advise how to complete the form TR-220.