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Two reports clash on agents - study also fails to back what House members were told (Ramos/Compean)
San Bernardino Sun ^ | 02/08/2007 | Sara A. Carter

Posted on 02/08/2007 10:21:37 AM PST by calcowgirl

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To: calcowgirl; Kenny Bunk

I hate to hazard a guess. It is unusual for the appellate court reverse the trial court on this type ruling. I think the 5th will want to see the transcript first, or maybe the PSI which should have a factual discussion and recommendations on release pending appeal, such as amount of bond or restrictions on the release like an ankle bracelet. I would guess the time between when the 5th receives the transcript and clerk's record and the time for the appellant's briefs are to be filed with the court is when they will issue the decision.


51 posted on 02/10/2007 4:41:23 PM PST by erton1
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To: erton1
I disagree with you ... I feel confident

Well, I feel confident that when it comes to this subject, you know a whole lot more than me! I will defer to your take, with one question that doesn't make sense to me.

Why would the court SEAL jury requests to retire for the day? Or any purely administrative matter? I would think they would seal the jury instructions long before they would seal anything like that (which they didn't).

52 posted on 02/10/2007 5:56:27 PM PST by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
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To: calcowgirl

The sealing of the notes is normal. I'm not sure of the precedent, but it customary at least here in Texas. The defense attorney is notified of the note and it's contents so they are aware if there is any potential problems. The jury instructions and charge are usually fairly generic and based on a template of instructions based on instructions that have been previously approved of by the appellate courts so that there is not the problem of potential error. Use the template and plug in the counts and allegations. I'm sure that was the situation in this case. I'm not aware of a case where the jury instruction and charge was sealed.


53 posted on 02/10/2007 8:41:37 PM PST by erton1
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