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ARTICLES DCA ORDERS PENDING ISSUES POST-BLAKELY DECISIONS BRIEFING SAMPLES

 

Blakely-Related Standing Orders & Court Policies/Procedures

 

Third & Fifth District - Expanding the Appointment for Nguyen Cert. Petitions

Posted:07/23/09

Ordinarily, for both the Third and Fifth District Courts of Appeal, appointed attorneys need to file motions to expand their appointments to seek compensation for all writ petition work, including both habeas corpus and certiorari.

Both the Third and the Fifth District have notified CCAP that they have authorized compensation of up to 4.0 hours for the preparing and filing of a petition for certiorari in the U.S. Supreme Court, for counsel who raised Nguyen (PDF file will open in new window) issues in the Court of Appeal and exhausted them in the California Supreme Court, including whether a prior juvenile adjudication qualifies as either a Strike, or as a factor in aggravation to impose an upper term, based on the Apprendi/Blakely/Cunningham rationale.

Read the Third District's formal order (PDF file will open in new window)

Both courts have agreed not to require counsel to file a motion to expand the appointment if appointed counsel can prepare a petition for cert. in 4.0 hours or less.

The 4.0 hours includes not only the petition, but also the time for obtaining the In Forma Pauperis declaration from the appellant (required to avoid having to pay a filing fee for which counsel would not be reimbursed).

If at any point before or during the preparation of the petition and related activity counsel believes that 4.0 hours may not be sufficient time to complete the petition for cert., a motion to expand should be submitted as soon as possible directly to the Court of Appeal. The expansion motion must include 1) an explanation for the need for more time, and 2) an indication of how many total hours are needed.

Third & Fifth District - Expanding the Appointment for Cunningham Cert. Petitions

Posted: 09/14/07

Ordinarily, for both the Third and Fifth District Courts of Appeal, appointed attorneys need to file motions to expand their appointments to seek compensation for all writ petition work, including both habeas corpus and certiorari.

Both the Third and the Fifth District have notified CCAP that they have authorized compensation of up to 4.0 hours for the preparing and filing of a petition for certiorari in the U.S. Supreme Court, for counsel who raised a Cunningham issue in the Court of Appeal and exhausted it in the California Supreme Court.

The courts have agreed not to require counsel to file a motion to expand the appointment if appointed counsel can prepare a Cunningham petition for cert. in 4.0 hours or less.

The 4.0 hours includes not only the petition, but also the time for obtaining the In Forma Pauperis declaration from the appellant (required to avoid having to pay a filing fee for which counsel would not be reimbursed).

If at any point before or during the preparation of the petition and related activity counsel believes that 4.0 hours may not be sufficient time to complete the petition for cert., a motion to expand should be submitted as soon as possible directly to the Court of Appeal. The expansion motion must include 1) an explanation for the need for more time, and 2) an indication of how many hours are needed.

 

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