This just in, defense stay for Benjamin Carter trial denied by appellate court

I just got this notification from the Appellate court regarding the Benjamin Carter case. There was a post yesterday about the Carter case with extensive links and exclusive coverage on this case for background.

From Mr. Acosta:

"We have already confirmed the jury trial date of July 6, 2015 and continue our trial preparations. Concurrenty. Mr. Carter and I will be weighing the benefits versus opportunity costs of a pre-trial petition for review by the California Supreme Court before.  Because trial is so close, it may be prudent in theory to reserve those issues for a direct appeal post-trial; however, Mr. Carter should be acquitted of the remaining felon in possession charge, as 1) the prosecution has already conceded that he acted in self-defense and/or defense of others, and, 2) per People v. King  22 Cal 3d. 12 (1978), if anything, including a felon momentarily possessing a firearm, is necessary to save one's life or the life of another human being, then the necessity doctrine says its not illegal. "

Disposition date (YYYY-MM-DD):          2015-06-25
Disposition description:                        Petition summarily denied by order
Disposition status as of 2015-06-25:    Final

Notes:
The request for a stay of trial is denied.

        The petition for writ of mandate, prohibition, or other appropriate relief is denied.

(Justices Reardon, Rivera, and Streeter joined in the decision.)


For more information on this case, go to:
http://appellatecases.courtinfo.ca.gov/search/case/disposition.cfm?dist=1&doc_id=2110187&doc_no=A145248

For opinions, go to the following web site:http://www.courts.ca.gov/opinions-slip.htm
Court of Appeal opinions are generally available on the web site by 5 p.m. on the disposition date.