Mr. Acosta made an oral motion to continue the trial for two weeks which was granted by Judge John Feeney after he heard from both attorneys.
"The victim's family is not happy but understanding," said Mr. Isaac. Mr. Acosta said that his client and family are not happy either.
Mr. Isaac requested that Judge Feeney ask Mr. Acosta to file a 995 by this Friday, which would give Mr. Isaac five days to respond to that motion. "One side or the other will bring a 995," said Mr. Isaac and it will be "dispositive."
The present jury trial date of April 27 and trial assignment for April 24 have been vacated. Mr. Acosta has until this Friday to file the 995 motion mentioned in previous posts.
Judge Feeney will hear arguments on the defense's 995 motion to dismiss on May 13 at 2 p.m. in Courtroom 1.
Before the case was called, DDA Issac and Mr. Acosta were talking back and forth and looking at paperwork. Carter kept glancing at his attorney and his family in the courtroom.
Looks like the Carter case may end up resolving before a jury trial.
Dispositive Definition:
Last post (with other links to the case):
Mar 25, 2015
Benjamin Carter "likely to resolve in two weeks" according to defense
This afternoon in Courtroom 1,Judge John Feeney ruled on the defense request for a dismissal for Count 2 in the Benjamin Carter case. He denied the defense motion to dismiss Count 2.
At the last hearing, Mr. Acosta had requested more time to file a 995 motion and demurrer to Count 2 alleging "lack of specificity of firearm." After reading the People's objection and reviewing the defense motion, Judge Feeney said that he was going to deny the defense motion because the arraignment on information "refers to the shotgun as a firearm."
Mr. Acosta told the Court that he filed the demurrer "because Mr. Carter wanted to make sure what he was pleading to and that the jury might be confused by the physical evidence and which firearms he possessed."
In court, Carter's defense attorney, Michael Acosta said "this case is most likely to resolve in two weeks."
After the court hearing, Mr. Acosta spoke with me and Will Houston from the Times-Standard. I have covered most of what Mr. Acosta said in my previous posts which you can access via the link below including an exclusive on the defense offer.
Trial was confirmed and jury trial is currently scheduled for April 27. Trial assignment is April 24 at 8:30 and Trial Readiness on April 20 at 2 p.m. in Courtroom 1. The case is being prosecuted by Mr. Andrew Isaac.
Previous post (with other links to posts on this case):
johnchiv.blogspot.com/2015/03/benjamin-carter-new-trial-date-of-april.html
At the last hearing, Mr. Acosta had requested more time to file a 995 motion and demurrer to Count 2 alleging "lack of specificity of firearm." After reading the People's objection and reviewing the defense motion, Judge Feeney said that he was going to deny the defense motion because the arraignment on information "refers to the shotgun as a firearm."
Mr. Acosta told the Court that he filed the demurrer "because Mr. Carter wanted to make sure what he was pleading to and that the jury might be confused by the physical evidence and which firearms he possessed."
In court, Carter's defense attorney, Michael Acosta said "this case is most likely to resolve in two weeks."
After the court hearing, Mr. Acosta spoke with me and Will Houston from the Times-Standard. I have covered most of what Mr. Acosta said in my previous posts which you can access via the link below including an exclusive on the defense offer.
Trial was confirmed and jury trial is currently scheduled for April 27. Trial assignment is April 24 at 8:30 and Trial Readiness on April 20 at 2 p.m. in Courtroom 1. The case is being prosecuted by Mr. Andrew Isaac.
Previous post (with other links to posts on this case):
johnchiv.blogspot.com/2015/03/benjamin-carter-new-trial-date-of-april.html
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