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  1. #1
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    Default What Can You Do After the Appellate Court Rules Against You

    My question involves traffic court in the State of: California

    The Appellate division of a small County Superior court in CA ruled against my appeal. I have several problems with the ruling. What recourse do I have?
    I've written the A.D.A. and he's not responding.

    Ruling:
    'Appellant appeals from his date#1, 2012 conviction for infraction violations of Vehicle Code sections 12500 and 22349(a), and the (3 months later) denial of his third request for a fee waiver.

    After granting seven requests to continue the court trial of the captioned matter, the court denied appellant's eighth request and proceeded to trial in his absence on date#1, 2012. Appellant was found guilty of both Vehicle Code sections. This judgment of the trial court is presumed to be correct and there is no arguable basis in the record to disturb the judgment on appeal.

    The motion for new trial was based in part on appellant's statement that: “I was unable to attend the trial date of date#1 because 1 didn't have a valid driver license because of the fault of the DMV." The court notes that the trial court continued the (five weeks previous to date#1), 2012 trial date based upon appellant's declaration that: “I will be out of state on vacation with family
    (five weeks previous to date#1)”.
    The court does not find that the trial court abused its discretion in conducting the trial in appellant's absence or in denying the motion for new trial.

    Appellant's remedy for the denial of his most recent fee waiver was to file the form “Request for Hearing about court Fee Waiver Order," FW-006.within 10 days of notice of the denial. The record contains no such request.

    The judgment is affirmed.'


    The Appellate court ignored the Superior Court's violation of G.C.S 68632, which disadvantaged my appellate defense by denying me a transcript of the Superior court trial (date#1) that was held in my absence.

    The Appellate court confused the point about the Superior court's denial of a continuance request for the date#1 trial. The DMV actually did suspend my driver license without notifying me, and it was the DMV's fault which they corrected shortly thereafter. I had on me significant documentation of the DMV caused problem when I was locked out of the Appellate court hearing a week and half ago. The Superior court ignored my valid reason for a continuance in it's denial order. From what I've learned since, they could have offered a Trial by Declaration if they desperately needed to hold a trial on (date#1). Was Judge "Jones" notified that I was at the courthouse and requested to attend the hearing? Was it in his discretion to let me in and at least explain that I should've asked for verbal arguments? It was an 1 1/2 hour drive each way for me.
    I understand now that I should've requested oral arguments when I filed the appeal.

    What recourse do I have now? Can I file a Motion to request a re-hearing? Any further appeal? If so, how many days do I have to file?

    Thanks, Ipp


    Background
    ********************
    In summer of 2012 I had a County Superior Court trial date scheduled for a speeding ticket, and for driving without a valid driver license.

    The citing officer had informed me my license was suspended even though the DMV hadn't notified me. The old details are in the closed thread here (link).

    The court is an hour and a half drive from where I live, and I had requested a continuance until the DMV had re-instated my driver license. The court denied my continuance request without addressing the valid reason for the request. The court held a trial in my absence and found me guilty. I appealed the ruling and requested a fee waiver for the transcript fees under G.C.Section 68632 (low income). The Superior court denied the fee waiver request without good reason twice. I filed an appeal of the denial of fee waiver order and

  2. #2
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    Default Re: Appellate Court Ruled Against Me, with Glaring Errors. Any Further Recourse

    You had already had 7 continuances, more than enough time to arrange transportation when the 8th was denied. You were likely trying to game the system and lost.

    What reason(s) did they give for denying the fee waiver?

    How did a violation of CGC 68632 disadvantage you by denying you a transcript? Are you asserting you could not afford the transcript?

  3. #3
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    Default Re: Appellate Court Ruled Against Me, with Glaring Errors. Any Further Recourse?

    Hi free9man,
    Game the system? The DMV system gamed me.
    If the court thought I should be able to arrange transportation it would've been within the court's discretion to have said that in the denial; instead the denial ignored the valid reason for the request.

    I don't expect you to read the full details of the prev thread or know it was the 2nd time in 9 mos the DMV suspended my license without notifying me. Because it was the second time, I was pretty sure I would get it corrected the same way, within a couple weeks.

    The reason they gave for denying the fee waiver was that I have savings to afford it. CGC 68632 says that 'Permission to proceed without paying court fees and costs because of an applicant's financial condition shall be granted initially to a person whose monthly income is 125 percent or less of the current poverty guidelines.' I was within that guideline and the court didn't follow the law, and the Appellate court didn't correct that.

    Can you recommend a course of action now?
    Can I file a Motion to request a re-hearing?
    Can I appeal the appellate ruling?
    If so, how many days do I have to file?

    Thanks,

    - - - Updated - - -

    Can I file an ex parte application for order, requesting a re-hearing?

    If so, how much time do I have to file?

    Can I appeal the Appellate decision? If so, how do I do that and what is the time limit?

    Thanks,

  4. #4
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    Default Re: What Can You Do After the Appellate Court Rules Against You

    If you cannot afford alternate transportation to a court 90 minutes away, you cannot afford to own a car, pay insurance and have a license. Problem solved.

  5. #5
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    Default Re: Appellate Court Ruled Against Me, with Glaring Errors. Any Further Recourse?

    Quote Quoting In pro per
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    Game the system? The DMV system gamed me.
    If I didn't know the story I'd ask you why... But I've already asked, and you answered... And there was no gaming. You knew or should have known you had an issue pending in another state. And whether you anticipated a suspension or not, DMV likely did notify you at the address they had for you at the time which was probably an old address.

    Quote Quoting In pro per
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    If the court thought I should be able to arrange transportation it would've been within the court's discretion to have said that in the denial; instead the denial ignored the valid reason for the request.
    Better yet, maybe they should have arranged for a limo to transport you back and forth. But I think it is understandable that may have been too swamped with letters and requests and filings from you alone to even think of suggesting anything...

    Seriously though, its not the court's place to try and help you resolve your personal issues.

    Quote Quoting In pro per
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    I don't expect you to read the full details of the prev thread or know it was the 2nd time in 9 mos the DMV suspended my license without notifying me. Because it was the second time, I was pretty sure I would get it corrected the same way, within a couple weeks.
    Oh, I'm betting free9man has read the details, but if not, I read the whole entire thread... In fact, I was first to say that you had little recourse if anything. I even told you that you will likely be convicted if the court were to grant you a new trial, so there would be no point in entertaining your request. And here you are, several months later and you still have no defense to driving while suspended, and a 22349 is an almost loss almost always... so again, what good would a new trial do if you're going to lose anyways?

    Incidentally, do you remember this line?

    Quote Quoting That Guy
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    why would you obligate yourself to a court trial by affirmatively submitting a written request for an in court trial, only to then request that the trial be continued because you could not appear for the trial which you yourself had requested?
    Yes, that was posted by me in your previous thread...

    That was also followed by:

    Quote Quoting That Guy
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    And you requested to have it continued until when? or for how long? That too can make a huge difference.
    Question I have is did the seven continuances happen BEFORE you started ^that^ thread? If so, did you feel that this tid bit of information was not important and so you left it out and instead you only mentioned one continuance?

    Quote Quoting In pro per
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    The reason they gave for denying the fee waiver was that I have savings to afford it. CGC 68632 says that 'Permission to proceed without paying court fees and costs because of an applicant's financial condition shall be granted initially to a person whose monthly income is 125 percent or less of the current poverty guidelines.' I was within that guideline and the court didn't follow the law, and the Appellate court didn't correct that.
    OK, so you filed that when? After you were convicted and after you were ordered to pay the fines for the 2 violations you were cited for...

    So you proceeded to an appeal of a conviction in an infraction case...

    How much in court fees and costs did you have to pay for that appeal?

    $ZERO

    So there is nothing to be corrected! And the court probably circumvented discussing that same issue because there is nothing to discuss!

    Even if you wanted to back track and get a refund of court fees and costs that you had paid or were ordered to pay, how much of that amount that you paid in fines was classified as or went to pay "court fees and costs"?

    $ZERO

    Again, nothing to be corrected!

    Quote Quoting In pro per
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    Can you recommend a course of action now?
    Can I file a Motion to request a re-hearing?
    Can I appeal the appellate ruling?
    If so, how many days do I have to file?

    Thanks,

    - - - Updated - - -

    Can I file an ex parte application for order, requesting a re-hearing?

    If so, how much time do I have to file?

    Can I appeal the Appellate decision? If so, how do I do that and what is the time limit?

    Thanks,

    Here is my re-recommendation. Give it up... Seriously. You have no basis to file, motion, appeal or request anything! You're wasting your time.... And taxpayer money! Give it up!

    With that said (as I anticipate it will make any difference), you have a way of misreading and misinterpreting laws and rules and requirements, and you make and probably continue to repeat statements that ultimately start to sound realistic and true. Example (from your other thread):

    Quote Quoting epowerfan
    View Post
    I got the run-around from the DMV for months and I finally had to sue the DMV (writ of mandate) to get them to reverse their illegal suspension. CVC 15024 set me free.
    For one, a "writ of mandate" is not "suing the DMV".

    Two, a writ of mandate is "a court order to a government agency, including another court, to follow the law by correcting its prior actions or ceasing illegal acts.

    Three, the only problem with you mentioning it there as the method you used to get the DMV to reverse the suspension is a gross misrepresentation of what likely happened and a failing attempt to divert attention from where it should go (on your failure to pay an outstanding fine in another state whose DMV ended up suspending your driving privilege and subsequently notified the California DMV who in compliance with the Driver's License Compact had to suspend your California driver's license) and instead, misplace the burden on the DMV as if they had done anything that needed to be corrected or anything that is illegal.

    Four, the writ which you filed did not and could not get you license suspension removed because that was a legitimate suspension.

    Five, what got your suspension lifted was a loophole in the law (VC 15024) that states that after a one year period, the DMV could not continue a suspension of your license unless it is believed that it will not be safe to grant you the privilege of driving a motor vehicle on the public highways. And since your failing to pay a parking citation fine in another state is not a safety issue, the DMV can remove the suspension.

    Six, this would also imply that your California license was suspended by the California DMV long before you started going through this process, at least longer than one year (otherwise VC 15024 would not have helped you at all).

    Seven, in your attempt to impress that you simply were wronged by the DMV, that you sued them and prevailed, fact is you were not wronged, you were likely notified or they had an old/wrong address on you, your suspension was legally valid due to a pending issue in another state and lastly, your license was reissued not because the DMV wronged you, not because of a lack of due process in the other state, not because you sued them and won, but simply because of a loophole in California law.

    Eight, and had it not been for that loophole, you would have had to pay the outstanding fine in the other state, pay to have your driving privilege reinstated in the other state, pay for and finally have your driving privilege in California get reinstated.

    And lastly, nine, without the above eight chapter drama, your case would boil down to "you were cited for speeding (the DMV had nothing to do with that), you scheduled a court trial and failed to appear. Subsequently you were convicted and ordered to pay a fine."

    End of story!

    Question is, after this whole big drama production that you went through simply because you failed to pay that parking citation, did you learn a lesson? Did you pay that outstanding fine amount to avoid having any issued in the future?

    Nope... Now you're claiming that the other state is refusing to release you license, and I quote: "due process lacking"!

    Sorry, but you're full of it!

  6. #6
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    Default Re: Appellate Court Ruled Against Me, with Glaring Errors. Any Further Recourse?

    Thank you for your posts That Guy,
    We are agreed that we disagree on the points of the case.

    CGC 68632 says that 'Permission to proceed without paying court fees and costs because of an applicant's financial condition shall be granted initially to a person whose monthly income is 125 percent or less of the current poverty guidelines.' I was within that guideline and the court didn't follow the law, so I didn't get a copy of the transcript of the trial they held in my absence. The Appellate court ignored that violation of law.
    I understand you disagree.

    This is a very small town court where the clerk who handles traffic also handles appellate division cases.
    I thought the courts are supposed to be neutral to the defendant (as opposed to favoring the prosecution).

    Does anyone know of, is there no state appeals court you can go to for oversight/check of the Appellate division of a county court?
    If so what is the deadline for that?

    Can I file a motion with the county court asking for a re-hearing of the appeal with oral arguments?

    Thanks,

  7. #7
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    Default Re: Appellate Court Ruled Against Me, with Glaring Errors. Any Further Recourse?

    Quote Quoting In pro per
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    CGC 68632 says that 'Permission to proceed without paying court fees and costs because of an applicant's financial condition shall be granted initially to a person whose monthly income is 125 percent or less of the current poverty guidelines.' I was within that guideline and the court didn't follow the law, so I didn't get a copy of the transcript of the trial they held in my absence. The Appellate court ignored that violation of law.
    You continue to make every effort to try and make a victim out of yourself!

    The appellate did not ignore what you are referring to as a "violation of law".

    I can only assume that when you filed your appeal, you also submitted a request for a copy of the record of the trial, and since that usually requires payment of a fee, you also submitted a request for a fee waiver. Subsequently, your request for a fee waiver was rejected simply because the way you worded your appeal, you were not disputing the events which occurred during your trial, you were appealing the procedure that preceded the trial; and as such, you did not need a copy of the transcript of the trial.

    Accordingly, your request for a fee waiver was denied and you were sent notice of the same. Upon your receiving notice that your request for fee waiver was denied, the proper procedure to follow was for you to submit a request for 'Request for Hearing about court Fee Waiver Order' on a form FW-006 within 10 days of notice of the denial. You apparently failed to do so. Therefore, the appellate attempted to look into your claim of a violation of law with regards to the denial of your request to have the fee waived, but since you did not follow proper procedure, since the appeals record did not contain a copy of 'Request for Hearing about court Fee Waiver Order' on a form FW-006 within 10 days of notice of the denial , and the record did not contain any mention of the outcome of such a hearing, the appellate could not proceed with its review.

    And no, your appeal did not suffer because the record lacked a copy of the trial transcript. A copy of the transcript was not needed to review your claims and decide whether you had proper grounds for any relief by way of an appeal.

    In other words, by reading the decision which you posted above, I can only assume that in your appeal, you argued that the court abused its discretion when it held a trial in your absence and (2) the court abused its discretion when it denied your motion for a new trial; you did not appeal any issues that were testified to or reviewed by the lower court in the course of making the decision to find you guilty/issues related to your conviction/meaning you did not appeal whether you were properly convicted. And so a transcript of the actual proceeding was not needed.

    Can you file another appeal to have the fee waiver issue reviewed? No, the time to have that matter get reviw was to file a request for a hearing within 10 days of you receiving notice of the denial.

    Can you file a writ/appeal/request for a hearing/request for a review because the appellate division failed to address the issue of the underlying conviction? No, because you did not appeal the matter of the underlying conviction.

    Can you appeal the appellate's division's decision to overlook the fee waiver issue with regards to the lower court's decision refusal to provide you with a free copy of the court's transcript? No, because (1) the appellate did not ignore the alleged violation of law, (2) you failed to follow proper procedure regarding the fee waiver, (3) your underlying conviction was not an issue you raised on appeal, and so the appellate division did not need to review the transcript of your trial.

    Quote Quoting In pro per
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    This is a very small town court where the clerk who handles traffic also handles appellate division cases.
    And??? ...

    Quote Quoting In pro per
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    I thought the courts are supposed to be neutral to the defendant (as opposed to favoring the prosecution).
    The courts are supposed to be neutral to both parties. So while I would ask you to be more specific as to which part/process/event is it that gives you the impression that the courts favored the prosecution as opposed to being neutral? I cannot help it but to still feel like I'm stuck on the fact that normally, you as a defendant would get one automatic extension of 60 days before your arraignment and in cases where the sky might fall and assuming you followed proper procedure and served all parties as well as timely filed a motion along with affidavit and points and authorities providing the court with good precedent as to why you have good cause to why your request should be granted, you might get ONE continuance of a few days..... You were granted SEVEN and went through the motion of submitting a request for you EIGHTH when your request was finally rejected.

    Normally and in the case of a motion for a continuance, the court is bound by the provisions of PC 1050 which states in part (you can read it in its entirety HERE):

    The welfare of the people of the State of California requires that all proceedings in criminal cases shall be set for trial and heard and determined at the earliest possible time. To this end, the Legislature finds that the criminal courts are becoming increasingly congested with resulting adverse consequences to the welfare of the people and the defendant. Excessive continuances contribute substantially to this congestion and cause substantial hardship to victims and other witnesses. Continuances also lead to longer periods of presentence confinement for those defendants in custody and the concomitant overcrowding and increased expenses of local jails. It is therefore recognized that the people, the defendant, and the victims and other witnesses have the right to an expeditious disposition, and to that end it shall be the duty of all courts and judicial officers and of all counsel, both for the prosecution and the defense, to expedite these proceedings to the greatest degree that is consistent with the ends of justice.


    So can you be a little more specific or a little less hypocritical with your comments and/or questions?

    Quote Quoting In pro per
    View Post
    Does anyone know of, is there no state appeals court you can go to for oversight/check of the Appellate division of a county court?
    My understanding is that you can request a review of the appellate division in very limited cases. Not the case here. Even if it were, I wouldn't know where to start. I assume the court clerk would be able to provide you with some direction, assuming you were kind and respectful up to this point. Other than that, the notice from the appellate division may have contained some direction to proceed from there.

    Still, you have ZERO grounds to second guess, question, appeal or review ANYTHING that happened in your case!

    Quote Quoting In pro per
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    Can I file a motion with the county court asking for a re-hearing of the appeal with oral arguments?
    You mean petition for a do-over of your appeal because YOU (amongst several other glaring errors) made the error of filing your first one without selecting the option requesting for oral arguments?

    Uhm.... No!

  8. #8
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    Default Re: Appellate Court Ruled Against Me, with Glaring Errors. Any Further Recourse?

    Thanks again That Guy.

    By any chance do you work for a Government agency?

    The DMV suspension(s) were not legitimate. DMV used CVC 15024 to suspend it, and didn't notify me of the suspension. CVC 15024 has an explicit exception for my situation. The judge in my Writ of Mandate against the DMV told me of the importance of CVC 15024, and pointing out the explicit exclusion in CVC 15024 was how I got the DMV to re-instate my license.
    I understand you think 15024 has a loophole. But it is law and the DMV did not follow it--I don't think that's debatable.

    Further the DMV suspended my license without notifying me. Not just once, but a second time within a 10 mo span.
    Only after I filed a Writ of Mandate against the DMV did I learn of 15024 from the judge.
    The DMV repeatedly denied me an administrative hearing on the matter, with a ridiculous statement 'no admin hearing because the DMV has taken no adverse action against your driving privilege.'

    When the DMV finally reinstated my license after ~7mos, they told me that when it's term expired ~1 month later, my renew would not be held up. I sent in the renewal app timely, and when I hadn't received my new license a couple weeks later, I called the DMV and was told my license was not renewed but suspended for the same old 15024 reason. Again no notice in writing.

    You can disagree and say it was all my fault. But you can't say the DMV followed the law or provided due process. I think that DMV-caused problem was a good reason for a continuance on the traffic matter in a speed trap town 11/2 hours from where I live.

    The county Superior Court denied the continuance req without acknowledging the reason. And I know now, they could have offered or just held a Trial by Declaration if they so desperately need to hold a trial on that #1date.


    I filled out the Fee Waiver form properly and the court denied it without legal cause. I re-filed it clarifying CGC 68632 which is unambiguous. CGC 68632 says If, Then, Shall. No buts. The court denied it again for the same illegitimate reason, so I didn't get a copy of the transcript of the trial they held in my absence.

    That was not a "neutral" action by the court. You can disagree and assume I didn't fill out the form properly, or didn't need a transcript for my legal argument (which hadn't been submitted yet), but the court did not follow the law. Period. In a neutral appeals court, it seems to me that alone is grounds for immediate correction, and re-scheduling the of the Appeal, minimum.

    I asked the court what form to challenge fee waive denial, and they told me they can't give legal advice. So I filed a notice of appeal of the denial order, and the court filed it and told me it would be considered simultaneously with my appeal of the judgement.

    The Appellate Div had the record of my Fee Waiver form, the denial, and my brief about CGC 68632.
    I think it was well within the discretion of the judge based on the record to correct the Superior court's action of fee waiver denial.
    I think the Appellate's choice not to correct that was another non-neutral action.


    That's what judges are supposed to do. Not hide behind complicated forms and procedures, but use all of their discretion to ensure due process and fair outcomes.

    Now TG, while I appreciate the time you've invested in this thread, please agree with me that we just disagree on the points of the case. If I can appeal it, can you direct me where I can find out how to do it?

    Thanks again,

  9. #9
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    Default Re: Appellate Court Ruled Against Me, with Glaring Errors. Any Further Recourse?

    Quote Quoting In pro per
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    By any chance do you work for a Government agency?
    No, I don't work for a government agency. I AM a government agency!

    As for the rest of your post, you continue to repeat the same biased, opinionated, baseless and useless commentary. I tried to explain most of it to you but it comes to a point where it is clear you are choosing not to understand. You would rather remain with your erroneous beliefs and conclusions instead of making a slight attempt at figuring out the reality of the situation you're in.

    Some may call this harsh but frankly, I don't think so. Its the clear, obvious and undeniable reality! I have never, in my entire life, come across someone who is as ignorant, as stubborn, as careless and inattentive, self serving and full of self pity as you are! This is all in spite the fact that you, no one else, screwed yourself over time and again. Each and every aspect of your case from the date you were given a parking citation in another state and decided to ignore it, to this day as I sit her typing this, got screwed up not by chance, and not through someone else's doing, but by you going way out of your way to screw yourself over. Only to have you come back complaining and making yourself out to be the victim.

    For one last time, the DMV didn't suspend your license for no reason. They did so rightfully, lawfully and legitimately. Deny it all you want but you skating on an old citation had consequences, and you are suffering those as we speak. Yeah, you can whine about them not notifying you but the fact that I've asked you several times if they had your current address and you ignored the question, tells me that they didn't. And so the madness that ensued went as follows:

    You getting your license suspended: YOUR FAULT!

    You not receiving notice of the pending suspension: YOUR FAULT!

    You getting caught speeding and subsequently getting cited for your speed as well as for driving on a suspended license: YOUR FAULT!

    You scheduling a court trial and not being able to appear: YOUR FAULT!

    You subsequently requesting seven continuances of your court trial dates and not being able to appear at any of them: YOUR FAULT!

    You not requesting a trial by declaration: YOUR FAULT!

    You no longer having good cause for yet an EIGHTH continuance: YOUR FAULT!

    You not realizing you've exhausted your last possible hope for any more delays of your court date, and even after receiving notice from the court that your EIGHTH continuance was rejected and that your trial will go on as scheduled, and yet you not making any effort to arrange for an alternative way to get there: YOUR FAULT!

    You subsequently came here and asked about your chances for appeal, I told you you had no recourse and (as if there should be any doubt) I still insist that you had/have no recourse, Quirky disagreed and advised you to:

    Quote Quoting quirkyquark
    View Post
    You need to be appealing the judgment/conviction in the underlying case, NOT the denial of the motion for a new trial!
    ... And what do you do? THE EXACT OPPOSITE! You appeal the denial of the motion for a new trial... Who's fault is that? YOUR FAULT!

    You realize as you are completing for CR-142 that you can request the option for "oral argument" whereby you are able to argue the case in person before the appellate panel, but hell why would you do that? You couldn't appear for your trial, the main reason why you're here, and so why else would you appear for a hearing? So you skip that option: YOUR FAULT!

    You then decide you need a copy of the transcript from your trial. You claim you are indigent and see there is a way for you to request a fee waiver. You file for one. But since there is no need for a transcript, there is no need for a fee, and therefore there is no need for a fee waiver, your request for a fee waiver gets denied. In the letter notifying you that your request was denied, you are also instructed that if you choose to dispute the denial, you must, within 10 days of the notice "request a hearing in court". But hell, you can't appear in court for a trial, or for oral arguments, so why would you request/schedule a hearing? So the hell with the rules, and the hell with known procedures... You try to circumvent that requirement and instead you file yet another appeal! Eventually, your appeal regarding the fee waiver gets denied as well: YOUR FAULT!

    Last but not least and although you've had ZERO recourse, ZERO reason as to why any of the above should have resulted in any favorable results for you, and in spite of all that effort and time and energy, it all results, as expected, in ZERO benefit!

    Normally, one mistake will cost you an entire case. Here in this case, you've committed ELEVEN huge mistakes. And you still aren't convinced you have nothing to appeal or review! While I normally would commend someone on having and pursuing their goal, not giving up in spite of any obstacles, in this case it is not determination, nor is it drive... Its mere thick-headedness and ineptitude.

    But far be it for me to limit anyone's potential success, or failure in this case... I'll provide you with the basics as I know them. From there, you are on your own! Here you go:

    A party may file a petition in the Court of Appeal asking for an appellate division case to be transferred to that court only if an application for certification for transfer was first filed in the appellate division and denied. A case maybe certified for a transfer to the court of appeals by the appellate division either on its own motion, or on a party's application IF AND ONLY IF the transfer is necessary to:

    a) seek a uniformity of decision, or

    b) settle an important question of law.

    Fact is:

    (a) I highly doubt you'll ever even find ANY case that is similar to yours since the courts are bound by law (Penal Code section 1050) to only grant each party ONE continuance of the trial date and only under extreme circumstances and upon following certain strict procedures,. Therefore, and with you having had SEVEN continuances, this first reason DOES NOT APPLY IN YOUR CASE... And,

    (b) the question of law in your case would be, a two part question:

    (1) "is a defendant entitled to yet another continuance when it is clear that the trial court had gone way out of its way to accommodate the defendant by granting him SEVEN previous continuances? even though he claims that the reason he is unable to appear is because the DMV suspended his license illegally?" The answer here is: HELL NO!

    (2) "Is a defendant entitled to a fee waiver when in fact the only reason he would need a fee waiver is to procure a copy of the trial transcript when in fact that transcript is not needed for his appeal?" The answer here is: HELL NO! as well!

    And so, the answers are clear, obvious and unambiguous, and we don't need the higher court to offer an opinion on either. Therefore this second reason DOES NOT APPLY IN YOUR CASE
    .

    And so as I have already told you several times "you are done. You have no recourse. There is no where for you to go and nothing for you to do. Give it up! "

    Now, you couldn't get past this point discussed above but you're not going to buy that. So here you go:

    The rules for appeals for infractions, which I don't know how you got through an appeal without knowing about these, are governed by the California Rules of Court under Title 8: Appellate Rules, Division 2: Rules Relating to the Superior Court Appellate Division Chapter 5: Appeals in Infraction Cases. Those would be covered under Rule 8.900 through Rule 8.929.

    And not too far from where the above mentioned rules sit (in fact on the same page), you would have found the rules for transfers by the Appellate division and the procedures those may entail. Those would be governed by California Ruiles of Court under Title 8, Division 4, titled "Transfer of Appellate Division Cases to the Court of Appeal". This means that transfers would be covered under Rule 8.1000 through Rule 8.1018.

    Now, I should warn you AGAIN that the process from here on forward is very intricate and extremely complicated and detailed. The slightest little deviation from the rules of how your filings are formatted even the color cover/binder you use will cause your filing to get rejected. But in spite this warning, I am fully confident that you'll screw this up even worse than you did all the previous procedures you've attempted! Also, and while you're free to come back and post any questions you may have (maybe someone else can answer), you should have ZERO expectation that I will comment or reply simply because I have never even attempted to read about, let alone go through this process. And frankly, I wouldn't want to have it on my conscience to be the one to have caused your dreams of prevailing to get quashed here!

  10. #10
    Join Date
    Nov 2012
    Posts
    10

    Default Re: Appellate Court Ruled Against Me, with Glaring Errors. Any Further Recourse?

    That Guy,

    Thanks for the info about PC 1050 and the CA rules of court re: appeals court.
    That actually answers some of the questions I've been asking.

    Thanks also for your many thoughtful and rational opinions, and fair characterizations.

    Best,

    - - - Updated - - -

    .
    Penal Code 1050 reads,

    (3) Only one continuance per case may be granted to the people under this subdivision for cases involving stalking, hate crimes, or cases handled under the Career Criminal Prosecution Program. Any continuance granted to the people in a case involving stalking or handled under the Career Criminal Prosecution Program shall be for the shortest time possible, not to exceed 10 court days.

    That is the only instance of "one continuance" on the page you linked to. The page lists serious crimes and doesn't contain the word "infraction".

    I re-read the Form CR-142 and the Local Rules of the court--the form doesn't have a check box for "oral arguments" and doesn't contain the word "argument".
    The local court rules also do not describe any option for oral arguments in an appeal. The local rules don't mention oral arguments in the appeals section. The only reference to oral argument is in Sect 3.3, "Evidence received in law and motion hearings is by written declaration, affidavit or request for judicial notice only, without oral testimony or cross-examination, except as allowed in the court’s discretion for good cause shown." If that applies to an appeal on an infraction (it's outside the Appellate Rules section) a non-lawyer like me wouldn't have guessed it.


    Wow! You ARE a government agency? A one man govt agency! Which one? As a public employee, maybe you should disclose that to the people on this forum who you bestow with your brilliant advice.

    I can't tell if you have a God complex, or just a blind and deep belief that government is benevolent, infallible, and the solution to all our problems.

    Or perhaps you're related to President Obama, because you have an overinflated self-opinion and a severe inability to understand other points of view.
    You attack and impune the motives of people who disagree with you. You demean with insults and character assassination. (self-pitying, victim, etc.)

    I have no self-pity, but do find your m.o. to be pitiful.



    You based your arguments on the presumption of guilt, both for an alleged ticket 10 years ago in another state, and for speeding.

    You made a false premise--I did not ignore a parking citation 10 years ago in another state. In fact the state & local govts there could not tell me if the alleged ticket was for parking, or traffic citation, or something else like registration related. The DMV's abuse of the law and refusal to afford due process does not make your false premise true.

    The DMV suspensions were not legitimate. DMV used CVC 15024 to suspend, and didn't notify me of the suspension, leaving me driving under a cloud. But CVC 15024 has an explicit exception for my situation.
    The DMV repeatedly denied me an administrative hearing on the matter, with a ridiculous statement 'no admin hearing because the DMV has taken no adverse action against your driving privilege.' The judge in my Writ of Mandate against the DMV told me of the importance of CVC 15024, and pointing out the explicit exclusion in CVC 15024 was how I got the DMV to re-instate my license.

    You think 15024 has a loophole. That would be the government view, but not a reasonable public employee (even a DMV zombie). When you repeatedly claim it was legit and my fault that doesn't make it true.

    You ignore that the Superior Court violated the law by denying the fee waiver request.
    You ignore that the Appellate div let that go unchecked, when it was within it's power to correct.


    Yes, the court has and probably will continue to hide behind complicated forms and procedures, rather than use it's power and discretion to enforce the laws fairly.
    If I do get another shot, at least all your criticisms should help me prepare.

    Thanks,

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