Posted On: April 21, 2009
FORGETTING TO PROCESS AN APPEAL:OOPS
So the defendant here was convicted in 2005. He filed a timely notice of appeal. In 2005. The Amador clerk, ah, "filed and forgot" the appeal, and finally found it and sent it to the C/A in 2008. The C/A is not amused, though what they actually say is that they're sure this won't
ever happen again. They do note that in 1935, the mishandling of a timely notice of appeal resulted in defendant Rush Griffin being executed before his appeal could be heard. This led to the automatic appeal procedure now used in capital cases.
People v. Grimes; 2009 DJ DAR 3969; DJ, 3/18/09; C/A 3rd
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