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Wednesday, July 01, 2009
Rodriguez and computation of time
It appears that CAAF ruled yesterday that if 60 days from service or constructive service of the CCA's opinion falls on a weekend or holiday, a petition is timely filed for jurisdictional purposes if it's filed on the next business day. We'll be looking for an order establishing that rule when the daily journal is updated to include yesterday's entries.
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5 comments:
So wait a minute, Rodriguez says we can't give you more time because it's jurisdictional, sorry...except, we can if it's a weekend.
So if you can create court rules that effectively give you 61 or 62 days, even though nothing in the statute says, 60 days unless it is a weekend, then why can't you consider things like constructive notice or otherwise give other breaks to an accused in filing, particularly to the very small satellite of cases that fell into the cracks last fall when the change happened.
Especially considering it is such a small gap in the time period, and especially considering Denedo.
Code 46 should appeal this. Heaven forbid an appellant get an extra day to file an appeal.
And heaven forbid an appellate defense attorney file before day 58.
Anon 950 must be one of those gov't attorneys who works the gravy schedule: 9-4 with a two hour lunchbreak and leave at noon on Fridays.
"And heaven forbid an appellate defense attorney file before day 58."
Right, because the problem here is that appellate defense attorneys could easily file early, but instead simply wait for day 60, or preferably even day 70, just to see what happens.
Not that they have clients who move, or who for myriad reasons don't get notice, and not like there aren't any ethical concerns with merely "filing just because" without contact with the client, no, it's clearly and simply because appellate defense attorneys won't file before day 58.
Thank you Anon 950 for keeping it "simple."
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