Murder charge dismissed, bail reduced, now Benjamin Carter's attorney files appeal to stay jury trial and challenges order adding new allegations; will there even be a case left to try?

On May 16, I published this post, http://johnchiv.blogspot.com/2015/05/exclusive-remarks-from-benjamin-carters.html

May 16, 2015

Exclusive remarks from Benjamin Carter's attorney and the entire text of the 995 motion that got the murder charge dismissed against Carter

On May 15, Benjamin Carter withdrew his time waiver. He did not accept the People's offer. Dates were set; Pre trial June 1 at 2 p.m. Trial Confirmation June 24 at 2 p.m. Jury trial July 6.

http://johnchiv.blogspot.com/2015/05/benjamin-carter-withdraws-time-waiver.html

On May 14, Carter got a reduction in bail but not exactly what he wanted. http://johnchiv.blogspot.com/2015/05/benjamin-carters-bail-reduction-hearing.html

On May 13, Judge John Feeney granted the defense's 995 motion and that got the murder charge dismissed against Carter. I did another post on May 13, May 13, 2015 Now that defense won the 995 motion in the Benjamin Carter case, can they file and win a Romero motion for Count 2

There are court hearings only I have attended. I have exclusives on this case not available anywhere else. 

Now, another exclusive in the Carter case. His attorney Michael Acosta has  filed a First Amended Notice of Motion filed on May 13, 2015  in the Humboldt Superior Court to set aside information that states "the defendant was committed without reasonable or probable cause and/or the defendant's due process rights have been violated by the addition of new allegations to the information after the preliminary examination." A memorandum of points and authorities, a transcript of the preliminary hearing and oral arguments will be presented when a hearing is scheduled on this motion.

On May 28, Mr. Acosta served a Petition of Writ of Mandate, Prohibition or Other Appropriate Relief on Judge John Feeney (respondent), District Attorney's Office (Real Party of Interest) and Carter (Petitioner) who is in custody in the First Appellate District of California Court of Appeals
requesting a stay of July 6 jury trial and this regarding the May 13, 2015 order allowing the People correction of the preliminary examination record according to Penal Code 995A.

"Mr. Carter has petitioned the First District Court of Appeal for an alternative writ of prohibition, per Penal Code section 999a, which, if issued, would prohibit the Superior Court in and for the County of Humboldt from proceeding with a jury trial against him, on the only remaining count [Possession of a Firearm by a Prohibited Person], on the premise that the Superior Court abused its discretion in allowing the District Attorney's office to cure, via Penal Code section 995a(b)(1), a concededly defective preliminary hearing transcript that lacked evidence elementary to said count," said Mr. Acosta when I contacted him about this writ.

This is from the Apellate Court of Appeals site:

Brief Filed 05/31/2015
Record on Appeal Filed 05/31/2015
Remittitur Issued 05/31/2015
Petition for Review Granted in Supreme Court 05/31/2015
Extension of Time 05/31/2015
Opinion Available Online 05/31/2015
Petition for Rehearing/Modification of Opinion 05/31/2015
Calendar Matters 05/31/2015
Disposition        05/31/2015

Stay tuned for original news, original research and more breaking news including People's response on the Carter case and check this blog for updates.

Previous post from May 4 with links to other coverage on this case:
http://johnchiv.blogspot.com/2015/05/peoples-opposition-to-defense-995.html