Orders

Order Regarding Supplemental Briefing
February 21, 2007

In cases remanded from the United States Supreme Court for further consideration in light of Cunningham v. California (2007) 549 U.S. ___ [127 S.Ct. 856, 2007 U.S. Lexis 1324]:

(1) Within 30 days after of the order remanding the case to the Court of Appeal for further proceedings, appellant may serve and file a supplemental opening brief in the Court of Appeal. Within 30 days after such a brief is filed, the respondent may serve and file a supplemental responding brief.

(2) Supplemental briefs must be limited to matters arising after the previous Court of Appeal decision in the cause.

JAMES A. ARDAIZ, P.J.

Amended Order Regarding Cunningham Briefing
February 16, 2007

If the appellant has raised an issue challenging the imposition of the upper term, in reliance on Blakely v. Washington (2004) 542 U.S. 296 or Apprendi v. New Jersey (2000) 530 U.S. 466, it shall be deemed that the appellant is also relying on Cunningham v. California (2007) 549 U.S. ___ [127 S.Ct. 856, 2007 U.S. LEXIS 1324].

If the court deems supplemental briefing necessary from either the appellant or the respondent to address related issues such as forfeiture, waiver, prejudice, etc., it will request a letter brief from counsel. Any request to file supplemental briefing will be considered on a case-by-case basis.

JAMES A. ARDAIZ, P.J.

Order Regarding Cunningham Briefing
January 31, 2007

If the appellant has raised an issue challenging the imposition of the upper term, in reliance on Blakely v. Washington (2004) 542 U.S. 296 [159 L. Ed. 2d 403, 124 S. Ct. 2531] or Apprendi v. New Jersey, 530 U. S. 466 (2000), it shall be deemed that the appellant is also relying on Cunningham v. California (No. 05-6551, Jan. 22, 2007) ___ U.S. ___ [2007 U.S. LEXIS 1324].

If the court deems supplemental briefing necessary to address related issues such as forfeiture, waiver, prejudice, etc., it will request a letter brief from counsel. Any request to file supplemental briefing will be considered on a case-by-case basis.

JAMES A. ARDAIZ, P.J.