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Today, a remittitur was issued in the Timothy Littlefield case by the California First District Apellate Court.
From uslegal.com:
Remittitur is a term with different meanings. In the context of a jury verdict, it refers to a judge's order reducing a judgment awarded by a jury when it exceeds the amount asked for by the plaintiff.
In the context of appellate procedure, it refers to an appellate court sending a case back to the trial court so that the case can be retried, or so that trial court can enter an order that conforms to the findings of the appellate court. Remittitur is a process by which jurisdiction is transferred back from the appellate court to the trial court. Remittitur divests the appellate court of the jurisdiction after it has resolved the appeal, and permits full jurisdiction over the judgment to be returned to the trial court.
Feb 3, 2016
"This case involves multiple acts of molestation of a child who was 8 years old at the time, the victim is now a teenager and has been waiting a long time for finality", Cook and Associates to investigate Timothy Littlefield case
Timothy Littlefield dressed in an orange jumpsuit stood silently by his lawyer, Mr. Russ Clanton, and as his hearing today concluded, he shook Mr. Clanton's hand before he was taken back into custody.
The defense filed a motion to continue his sentencing which was set for February 5. That date was vacated after Judge Joyce Hinrich's granted the defense motion to continue.
Mr. Clanton mostly referred to his written pleadings and said since the last court hearing, he has been in trial and there have been issues with investigators and he just got back some material from one investigator last week and he wanted some more time. Chris Cook of Cook and Associates has agreed to take on the case and he had to file a motion for funding.
Deputy District Attorney Stacey Eads said the People opposed the motion. It has been two and a half years since Littlefield had been sentenced so the defense claiming inadequate time is not a good cause.
"This case involves multiple acts of molestation of a child who was 8 years old at the time, the victim is now a teenager and has been waiting a long time for finality," said Ms. Eads.
Jury misconduct is the sole issue before sentencing, the defense has not provided additional relevant evidence, said Ms. Eads.
Judge Joyce Hinrichs said that she was trying to balance the rights of the victim and Littlefield and that it was not any delay caused by Littlefield, so she granted the request for the defense continuance.
Timothy Littlefield will now be sentenced on March 11, 2015 unless the defense provides more evidence regarding jury misconduct and a third trial date will be set.
The defense filed a motion to continue his sentencing which was set for February 5. That date was vacated after Judge Joyce Hinrich's granted the defense motion to continue.
Mr. Clanton mostly referred to his written pleadings and said since the last court hearing, he has been in trial and there have been issues with investigators and he just got back some material from one investigator last week and he wanted some more time. Chris Cook of Cook and Associates has agreed to take on the case and he had to file a motion for funding.
Deputy District Attorney Stacey Eads said the People opposed the motion. It has been two and a half years since Littlefield had been sentenced so the defense claiming inadequate time is not a good cause.
"This case involves multiple acts of molestation of a child who was 8 years old at the time, the victim is now a teenager and has been waiting a long time for finality," said Ms. Eads.
Jury misconduct is the sole issue before sentencing, the defense has not provided additional relevant evidence, said Ms. Eads.
Judge Joyce Hinrichs said that she was trying to balance the rights of the victim and Littlefield and that it was not any delay caused by Littlefield, so she granted the request for the defense continuance.
Timothy Littlefield will now be sentenced on March 11, 2015 unless the defense provides more evidence regarding jury misconduct and a third trial date will be set.
Timothy Littlefield cuffed and taken unto custody, no bail, says I love you to his father twice
The January 7 date is vacated. Next date Feb 5. Timothy Littlefield cannot post bail. His previous bail bond is exonerated.
Timothy Littlefield Jr dressed in khakis and an olive green sweater came to court with his father, Timothy Littlefield, Sr and two other supporters.
Citing the recent decision by the Apellate Court, the length of prison sentence he faces and "the substansial risk of absconding," Timothy Littlefield was ordered remanded into custody as requested by the Humboldt County District Attorney's office.
I was present for both the morning and afternoon hearings today during which prosecution and defense presented their arguments. In the afternoon, the People presented elaborated on reasons for remand. The victim contacted the DA's office requesting that she would feel safer if Littlefield was in custody. Mr. Clanton repeated his arguments from the morning.
After the guilty verdict in the second trial, Littlefield faces upto 155 plus years to life unless a motion for a third trial is granted or additional evidence is provided by the defense regarding the second trial.
As the bailiff slapped cuffs on him in court, Littlefield bowed his head down. He turned to his father and said, "I love you." As he was being led away out of the courtroom, he also said, "I love you again" to his father and supporters.
The next court date is February 5, 2016 at 8:30 a.m.to decide motion for a new trial and for defense to provide supplemental evidence.
Timothy Littlefield Jr dressed in khakis and an olive green sweater came to court with his father, Timothy Littlefield, Sr and two other supporters.
Citing the recent decision by the Apellate Court, the length of prison sentence he faces and "the substansial risk of absconding," Timothy Littlefield was ordered remanded into custody as requested by the Humboldt County District Attorney's office.
I was present for both the morning and afternoon hearings today during which prosecution and defense presented their arguments. In the afternoon, the People presented elaborated on reasons for remand. The victim contacted the DA's office requesting that she would feel safer if Littlefield was in custody. Mr. Clanton repeated his arguments from the morning.
After the guilty verdict in the second trial, Littlefield faces upto 155 plus years to life unless a motion for a third trial is granted or additional evidence is provided by the defense regarding the second trial.
As the bailiff slapped cuffs on him in court, Littlefield bowed his head down. He turned to his father and said, "I love you." As he was being led away out of the courtroom, he also said, "I love you again" to his father and supporters.
The next court date is February 5, 2016 at 8:30 a.m.to decide motion for a new trial and for defense to provide supplemental evidence.
Dec 18, 2015
People request bench warrant for Timothy Littlefield, defense counsel tries unsuccessfully to change Judge Feeney's mind
Bennett vs Clanton, after three rounds of defensive and passionate advocacy by Mr. Russ Clanton, who represents Timothy Littlefield, Jr.; questioning and effort by Judge John Feeney to accomodate rescheduling; the People represented by Deputy District Attorney prevailed.
Littlefield was not in court because he posted bail and signed a 977 form, which is a waiver of personal appearance for certain court hearings.
Addressing the Court of Appeals ruling and custodial status was scheduled this morning at 8:30 a.m. The hearing proceeded and the matter is continued to December 22 at 4 p.m. I just found out at 10:30 a.m. that now the hearing has been changed to 4 p.m. today, which was one of the options given to defense. Initially, Mr. Clanton said that would be impossible to achieve today.
Littlefield has been ordered to personally appear in court for the hearing today by Judge Feeney.
For now, Timothy Littlefield remains a free man. That could change today.
Judge Feeney asked that the issue of custodial status be addressed first.
From a May 2014 article in the North Coast journal:
"Timothy Floyd Littlefield was facing eight life sentences in state prison without the possibility of parole stemming from convictions on 11 child molestation charges when he stood before Humboldt County Superior Court Judge John Feeney last week at a sentencing hearing. Instead of sentencing Littlefield to serve 188 years to life, as he said was his intent, Feeney declared a mistrial in the case, finding juror misconduct"
This morning in court, DDA Bennett said that the Court of Appeals reversed the Court's decision of a mistrial. "The defendant is in the same position he was when he was convicted," she said. "He was convicted without the option for bail."
The People requested that Littlefield be remanded unless a motion was given for a new trial. DDA Bennett said that Littlefield had been convicted of 11 counts of sexual misconduct against a child and facing 150 years to life and that due to public safety concerns and possibility of flight risk, a bench warrant be issued.
Mr. Clanton was very upset and emotional in his responses. snapping at the prosecutor twice this morning. "We are invited to provide more evidence" of juror misconduct. "He's out on bail. He has made every court appearance. He has never failed to appear."
Ms. Bennett said that it has been the People's position that Littlefield be in custody. Mr. Clanton responded, "There is no practical reason, this is predatory."
Judge Feeney asked Mr. Clanton if he intended to present additional evidence. Mr. Clanton told Judge Feeney there is additional evidence. "It exists. I have met with the investigators and Mr. Littlefield. I have 45 days to present that evidence to the Court. We have no intention of dragging this matter. We would like to get this to conclusion."
Ms. Bennett said that most of the time when Littlefield appeared in court, he was in custody. Ms. Bennett cited Penal Code 1166.
From http://www.leginfo.ca.gov:
Mr. Clanton disagreed and said that Littlefield had made other court appearances when he was out of custody. He added that there had been no additional offenses committed by Littlefield while he has been out of custody. He also told the Court that Timothy Littlefield is living in Redding.
No other media was in court. There is a disposition and reset hearing currently set for January 7, 2016 if there will be a third trial.
Littlefield was not in court because he posted bail and signed a 977 form, which is a waiver of personal appearance for certain court hearings.
Addressing the Court of Appeals ruling and custodial status was scheduled this morning at 8:30 a.m. The hearing proceeded and the matter is continued to December 22 at 4 p.m. I just found out at 10:30 a.m. that now the hearing has been changed to 4 p.m. today, which was one of the options given to defense. Initially, Mr. Clanton said that would be impossible to achieve today.
Littlefield has been ordered to personally appear in court for the hearing today by Judge Feeney.
For now, Timothy Littlefield remains a free man. That could change today.
Judge Feeney asked that the issue of custodial status be addressed first.
From a May 2014 article in the North Coast journal:
"Timothy Floyd Littlefield was facing eight life sentences in state prison without the possibility of parole stemming from convictions on 11 child molestation charges when he stood before Humboldt County Superior Court Judge John Feeney last week at a sentencing hearing. Instead of sentencing Littlefield to serve 188 years to life, as he said was his intent, Feeney declared a mistrial in the case, finding juror misconduct"
This morning in court, DDA Bennett said that the Court of Appeals reversed the Court's decision of a mistrial. "The defendant is in the same position he was when he was convicted," she said. "He was convicted without the option for bail."
The People requested that Littlefield be remanded unless a motion was given for a new trial. DDA Bennett said that Littlefield had been convicted of 11 counts of sexual misconduct against a child and facing 150 years to life and that due to public safety concerns and possibility of flight risk, a bench warrant be issued.
Mr. Clanton was very upset and emotional in his responses. snapping at the prosecutor twice this morning. "We are invited to provide more evidence" of juror misconduct. "He's out on bail. He has made every court appearance. He has never failed to appear."
Ms. Bennett said that it has been the People's position that Littlefield be in custody. Mr. Clanton responded, "There is no practical reason, this is predatory."
Judge Feeney asked Mr. Clanton if he intended to present additional evidence. Mr. Clanton told Judge Feeney there is additional evidence. "It exists. I have met with the investigators and Mr. Littlefield. I have 45 days to present that evidence to the Court. We have no intention of dragging this matter. We would like to get this to conclusion."
Ms. Bennett said that most of the time when Littlefield appeared in court, he was in custody. Ms. Bennett cited Penal Code 1166.
From http://www.leginfo.ca.gov:
1166. If a general verdict is rendered against the defendant, or a special verdict is given, he or she must be remanded, if in custody, or if on bail he or she shall be committed to the proper officer of the county to await the judgment of the court upon the verdict, unless, upon considering the protection of the public, the seriousness of the offense charged and proven, the previous criminal record of the defendant, the probability of the defendant failing to appear for the judgment of the court upon the verdict, and public safety, the court concludes the evidence supports its decision to allow the defendant to remain out on bail. When committed, his or her bail is exonerated, or if money is deposited instead of bail it must be refunded to the defendant or to the person or persons found by the court to have deposited said money on behalf of said defendant.
No other media was in court. There is a disposition and reset hearing currently set for January 7, 2016 if there will be a third trial.
Dec 18, 2015
Dec 17, 2015
Review of appellate hearing and custody status scheduled in Timothy Littlefield's case for tomorrow
Tomorrow morning at 8:30 a.m. in Courtroom 1, the Humboldt County District Attorney's office has a hearing scheduled to review the appellate hearing and custody status in the Timothy Littlefield case.
The parties will appear before Judge John Feeney.
A disposition and reset hearing, if there is a third trial is currently set for January 7, 2016 at 2 p.m. in Courtroom 5.
The parties will appear before Judge John Feeney.
A disposition and reset hearing, if there is a third trial is currently set for January 7, 2016 at 2 p.m. in Courtroom 5.
Dec 15, 2015
Appellate court reverses Littlefield mistrial decision by Judge Feeney
I have been following this regularly.
DA's Press Release (as of 4:53 p.m.]
Today the First Appellate District of the State of California, Division One, reversed the Humboldt County Superior Court ruling in People v Timothy Littlefield which granted the defendant a new trial. In 2013 a jury found the defendant guilty of all charges related to his sexual misconduct with a child under 10 years of age.
The defense filed a motion for a new trial based on a declaration by a juror that addressed his mental processes during jury deliberations. The trial court conducted a hearing during which the juror recanted the declaration, stating he had not personally written it nor read it carefully before signing it. Nevertheless, the trial court granted the motion for a new trial.
The appellate court reversed the trial court and found the juror’s declaration irrelevant in assessing the validity of the verdict. The appellate court further stated: “…we think the appropriate remedy is not to affirm the order setting aside the verdict based solely on irrelevant evidence and speculation about what defendant could have proved, but to remand for further proceedings to determine whether relevant and admissible evidence of jury misconduct actually exists.”
The District Attorney’s Office is requesting that the hearing outlined by the Court of Appeals be completed as soon as the trial court is available.
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