Jan 31, 2017

Just like his jury trial, now Kailan Meserve's appellate attorney wants more time, dragging out his appeal

Today, Kailan Meserve's attorney, Johnny Griffin, filed an order in the First District, California Court of Appeal

    On January 20, 2017, appellant Kailan Meserve filed a motion to stay the appeal pending the resolution of a petition for writ of habeas corpus he has filed in the trial court seeking a new trial based on the suppression of favorable, material evidence in his first trial. Respondent has 15 days to oppose the motion. (Cal. Rules of Court, rule 8.54(a)(3).) On January 26, Meserve filed a request that his January 31 deadline to file an opening brief be extended. His appellate counsel attests that respondent does not plan to oppose Meserve's motion for a stay and does not oppose his request for an extension of time. The court seeks input from respondent on whether the trial court has jurisdiction to rule on Meserve's habeas petition while his conviction is on appeal. The court does not intend to rule on Meserve's stay request until the time to respond to it has passed, and the court would be inclined to grant any requests for an extension of time for respondent to respond to the stay request. In the meantime, Meserve's request for an extension of time to file an opening brief is granted as follows. In the event that the court denies Meserve's stay request, Meserve shall have until 15 days after the court's ruling to file an opening brief."

Link to apellate court information on this case:


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