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:

http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=1&doc_id=2151010&doc_no=A148944

From possible resolution to no plea to motion to continue, Maxx Robison preliminary continued to February 21

Preliminary hearing was scheduled for McMullens' motel suspect Maxx Robison this morning in Courtroom 4.


At the intervention hearing for Robison yesterday, his attorney, Public Defender Jennifer Dixon said that an offer had been made by the people, which would remain
open until this morning.


First, it seemed the case would resolve. Then, when Robison appeared in court, he told his attorneu he would not take the plea. All this between back and forth between Courtroom 4 and 2. Finally, the case ended back in Courtroom 2 for an oral motion to continue by the People. The DA's office learned this morning a witness was unavailable as she was sick.

The People's offer was withdrawn.

Motion for discovery on February 9; Intervention on February 16; Preliminary February 21.

Police, fire, ambulance at Adorni Center

Police, fire and ambulance at Adorni Center.

Reader who is there said, a male, allegedly jumped off dock behind Adorni Center The Fire Department got him out. People said he had walked by them talking to himself carrying a chair.

Ambulance just left with the male.

Probation compliance check leads to arest of two in Arcata, charges include maintaining a drug house

On 01/28/17 at about 1317 hours, an officer on patrol recognized a subject that was on probation entering a mobile home in the 1000 block of 7^th St. Several officers responded to the residence and contacted Sarah Schultz (34) of Arcata. Schultz was found to have a warrant for her arrest and a search clause as a term of her probation. A fellow resident of the home was identified as Carl Partee (51) of Arcata. 

"I asked Mr. Main if he had assaulted a 17 year old female. He said he had touched her butt."

On January 9 at 3:01 p.m., HCSO Deputy Luke Mathieson was dispatched to a laundry facility for a report of sexual battery.

He testified on January 26 that when he arrived at the Sweet Spot, located at 3100 Hiller Road in Mckinleyville, he contacted the mother of the victim, Ms. (name not printed in this blog post). She told him that her "17 year old daughter had been sexually assaulted on her butt." She then showed Deputy Mathieson the man, who was inside the laundry facility.

Deputy Mathieson described the man he saw, mid 50s, glasses and then identified the defendant in court.

Deputy Mathieson said that his beat partner, Deputy Stallworth, had arrived at the facility by this time. Deputy Mathieson asked Main for ID and Main gave him his CA driver's license.

"I asked Mr. Main if he had assaulted a 17 year old female," said Deputy Mathieson."He said he had touched her butt."

Manuel Mills of Eurela arrested for alleged vandalism at Rohner Park

On January 18, 2017, officers responded to Rohner Park (Park Street) for a report of extensive vandalism to park facilities.  Upon arrival, officers determined that a subject in a Red GMC Pickup Truck had caused extensive damage to one of the park's baseball fields.  The vehicle had also struck a pole prior to leaving the park.     

Another loss for Galipo, EPD and City of Eureka prevail

On January 25, 2017 the Honorable Judge Yvonne Gonzalez Rogers, a United States District Court judge ruled the City of Eureka and its officers were dismissed from the lawsuit on summary judgment. The lawsuit brought by Stephany Borges, the mother of decedent, through the Law Offices of Dale K. Galipo and John C. Fattahi. The City was defended by Ms. Adrienne M. Moran, of Shapiro Galvin Shapiro and Moran of Santa Rosa.   

Suspect on Sweet spot incident held to answer on all charges

Bryan Ross Main had a preliminary hearing was scheduled this morning at 9:45 a.m. in Courtroom 4. It has been continued from the previous day. Due to courtroom availability in the morning, it was held in the afternoon at 3 p.m. in Courtroom 2.

Deputy District Attorney Carolyn Schaffer is prosecuting the case. Conflict Counsel's Mr. Greg Elvine-Kreis is Main's attorney.

People called one witness, HCSO Deputy Luke Mathieson. Defense had one witness, Tracy Hardy, Main's caregiver.

Main is charged in Count 1 with Failure to register as a sex offender with a special allegation of a prior serious felony conviction, which was assault to commit rape in 1994 in Shasta County. Count 2 Sexual battery Count 3 Annoy/Molest a child under 18.

Main was held to answer to all charges. Arraignment on information is February 9 in Courtroom 2.

No other media was in court.

Both attorneys presented input and Judge Marilyn Miles provided feedback regarding Count 1 before the final ruling; that discussion may or may not affect charges for the jury trial.

Pitchess motion scheduled this morning for Clayton Lasinski case; wonder which officer's excessive record they seeking

Clayton Lasinski's preliminary hearing has been continued to February 2. Lasinski is the man who led EPD on a chase during rush hour. He is charged with 15 counts.

The case was scheduled, today, January 26, in Courtroom 4 for a Pitchess Motion by defense.

However, that turned out to be an error. Conflict Counsel's Mr. Greg Elvine-Kreis had filed a motion to compel discovery, which he told Judge Arvid Johnson in court. All the media that showed up also learned in court of the error.

Deputy District Attorney Luke Bernthal is prosecuting the case for the People.

Motion granted after Mr. Bernthal told Judge Johnson he had followed up twice and had not received records from law enforcement yet.

DDA Luke Bernthal told Judge Arvid Johnson, " Mr. Elvine-Kreis is asking for what he is entitled to; there is a voluminous amount of evidence in this case and I expect
that is what is slowing this down."

Dates confirmed.

Humboldt Bay Fire at Second and I in Eureka

Humboldt Bay Fire just pulled in towards the corner of Second and I in Eureka. City ambulance also here, in front of house next to the old Has Beans in Eureka.

Flashlight search in enclosed alley next to the house. Fire and ambulance just left a minute ago.

"This was one of the most profoundly disturbing cases I've handled in my career."

Harland Law Firm's Allison Jackson just gave me this quote on the Magney decision.

"This was one of the most profoundly disturbing cases I've handled in my career. I am not only grateful the Appellate Court spoke so strongly and decisively, I am also incredibly grateful that our State Supreme Court quickly denied the request to depublish the case."

California Supreme Court denies Humboldt County Counsel's request to depublish Magney case; fourth defeat for County

Fourth loss for County, again. Way to go County Counsel, nothing like being humilated nationally, again, and it is permanent.

Previous posts:

https://johnchiv.blogspot.com/2017/01/losing-three-times-and-being-humiliated.html?
m=1

http://johnchiv.blogspot.com/2016/12/attorney-fees-and-magney-widow-to.html?m=1

http://johnchiv.blogspot.com/2016/10/humboldt-county-and-deputy-county.html?m=1

http://johnchiv.blogspot.com/2016/10/in-sum-humboldt-was-not-merely.html?m=1

Article claims affordable housing is now a middle class issue in California

Excerpt:

What’s driving this housing crisis? It’s a classic problem of supply and demand. Put simply, the state doesn’t build enough housing to accommodate its population growth. California is home to roughly 13 percent of the nation’s population, and has slightly greater than average population growth. Yet, over the last 20 years the state has accounted for only 8 percent of all national building permits.

Do you want a drug addict, meth dealing, felon rolling around w this in his car?

Chief Andy Mills:
Do you want a drug addict, meth dealing, felon rolling around w this in his car?  Neither do we. @Eureka_Police https://t.co/y9j8hEkgob

HCSO arrests Casey Floyd Felt in connection with alleged shooting of a Miranda woman

On Tuesday, January 24, 2017 at approximately 7:06 a.m., Humboldt County Sheriff’s Office Investigators, with the assistance of the Humboldt County SWAT team, served a search warrant at a residence in the 1200 block of Felt Rd. in Miranda.  

This is America; shattering the stereotypes portrayed in both alt left and alt right media

This is America.

The link below is not just about a taco stand and what one business owner is doing to help the community. The video shatters many misconceptions: about who needs help; about racial and ethnic stereotypes and the South.

http://www.sunnyskyz.com/good-news/2019/Restaurant-Owner-Sets-Up-Take-One-Leave-One-Coat-Rack-For-The-Homeless

Brian Mitchell appointed to Planning Commission

Brian Mitchell is top choice for Planning Commission seat. Supervisor Mike Wilson said he was going to vote no because of his comments on wanting diversity but complimented Brian Mitchell and the no was not a personal one.

"Mr. Ulansey is the poster child of conflict of interest."

The Humboldt County Board of Supervisors is now addressing the appointment on the Planning Commission.

17 applications.

Public comment was taken. Carrie Peyton Dahlberg asked Supervisors not to nominate Lee Ulansey calling him "divisive"
and making decisions detrimental to the environment.

Allen McCloskey Jr. read a prepared statement into record. Recommended Nicole Sager and Sungnome Madrone. He said neither candidate had agenda.

Allen McCloskey said that it had been brought to attention that Mr. Ulansey has threatened certain Supervisors that he would run against them if he was not appointed.