Legal Question in Appeals and Writs in California

We won our appeal that certain info should not have been allowed during a criminal case. The appeal was published and on the last day of the 10 days grace period. The AG decided to petition the supreme court. Now they have 60 days to decide if they will hear it or not. If they chose not to hear and 60 days pass, can the AG or DA still chose to retry? How long do they have to decide if they will retry after the appellate court decision was published?


Asked on 3/31/11, 7:01 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Whether the D.A. can retry the case (and, if so, under what conditions) depends upon what the Court of Appeal said. You haven't provided enough information about the ruling.

You seem to presume that the clock began to run on the D.A.'s decision when the opinion was published, but that is not correct. Assuming that the D.A. can re-try the case, the clock won't start on that decision until after the remittitur issues. Even if the Supreme Court denied review, the remittitur won't issue until after that happens. If the Supreme Court grants review, it will take even longer.

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Answered on 3/31/11, 7:11 pm


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