Mr. Clanton said that he would have to discuss the matter with his client since this was supposed to be a special set with Judge Marilyn Miles in Courtroom 2. He also wanted to discuss some other matters with the Deputy District Attorney prosecuting this case, Ms. Brie Bennett.
Once they returned to the Courtroom 1, Mr. Russ Clanton, who represents Meserve, told Judge John Feeney, that his client was going to exercise his peremptory challenge for Judge Irvin and that his client wanted the case to be heard by a local Judge.
If you have a case in Superior court in California, and you believe you cannot get a fair and impartial hearing or trial from the judge, commissioner, or referee assigned to your case, California Code of Civil Procedure (CCP) § 170.6 gives you the right to disqualify him or her without having to show a reason. This is called a peremptory challenge.
Judge Feeney then asked Meserve if this is what he wished to do and explained what a 170.6 is and Meserve indicated that is what he wished.
The time estimate for the preliminary hearing given was 3 hours and the District Attorney plans to call only 1 witness. Mr. Clanton said his client is "revoking time." Judge Feeney said that "there is conflicting case law whether time waiver can be withdrawn" but it was withdrawn.
Both parties asked that the preliminary hearing be set in 10 days and the new date is August 19 at 8:30.
Jul 13, 2015
Kailan Meserve posted bail which was set at 2 million, is out of custody and out of town; preliminary hearing rescheduled
Former Arcata City Council member Dave Meserve was with his son Kailan Meserve and other members of his family were in court this morning as well.
Kailan Meserve is charged with 17 counts including threats to commit crime resulting in death, first degree burglary, forcible oral copulation (several counts), sexual battery, kidnap to commit robbery, penetration by a foreign object and assault with a deadly weapon. A criminal protective order has been served on him.
At the last court hearing, bail reduction was denied and the District Attorney's office had requested that bail money be posted with proof that it was obtained by legitimate means.
In May, the defense wanted Meserve to wear an ankle monitor and attend a detox program in Washington. Sometime between the last hearing and now, Kailan Meserve made bail and all that was said this morning was that he and his family travelled out of state.
Due to courtroom unavalibility, a special set of August 7 in Courtroom 2 to commence preliminary hearing or do a disposition and reset hearing was set and stipulated by both parties. This was mentioned during the morning calendar to Judge John Feeney but the dates were set this afternoon in front of Judge Joyce Hinrich.
Previous posts:
http://johnchiv.blogspot.com/2015/05/judge-miles-grants-das-pc-12751-motion.html
http://johnchiv.blogspot.com/2015/05/two-million-bail-for-kailan-meserve.html
http://johnchiv.blogspot.com/2015/04/bail-raised-to-2-million-for-kaillan.html
chiv.blogspot.com/2015/04/kailan-meserve-who-was-busted-for.html
Kailan Meserve is charged with 17 counts including threats to commit crime resulting in death, first degree burglary, forcible oral copulation (several counts), sexual battery, kidnap to commit robbery, penetration by a foreign object and assault with a deadly weapon. A criminal protective order has been served on him.
At the last court hearing, bail reduction was denied and the District Attorney's office had requested that bail money be posted with proof that it was obtained by legitimate means.
In May, the defense wanted Meserve to wear an ankle monitor and attend a detox program in Washington. Sometime between the last hearing and now, Kailan Meserve made bail and all that was said this morning was that he and his family travelled out of state.
Due to courtroom unavalibility, a special set of August 7 in Courtroom 2 to commence preliminary hearing or do a disposition and reset hearing was set and stipulated by both parties. This was mentioned during the morning calendar to Judge John Feeney but the dates were set this afternoon in front of Judge Joyce Hinrich.
Previous posts:
http://johnchiv.blogspot.com/2015/05/judge-miles-grants-das-pc-12751-motion.html
http://johnchiv.blogspot.com/2015/05/two-million-bail-for-kailan-meserve.html
http://johnchiv.blogspot.com/2015/04/bail-raised-to-2-million-for-kaillan.html
chiv.blogspot.com/2015/04/kailan-meserve-who-was-busted-for.html
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