Deceased/Not Found CA - Sierra LaMar, 15, Morgan Hill, 16 March 2012 #21 *A. Garcia-Torres guilty*

[Niner]

So - nothing happened yesterday??

Next hearing 9/19?? Actually - editing - I have "trial" as starting Sept. 19th - ?? yes??

TIA! :wave:

 

[Emi]

@emicska Hi. Didn't get all the details but heard it was basically continued. I'll find out next date. A tweet to me from Robert Handa nbc bay area reporter

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[krkrjx]

I am not sure if this means anything for criminal court business in Santa Clara County but here it is FYI:

Striking Santa Clara County Employees Agree to Mediation

There are more than 300 striking Santa Clara County court employees headed to mediation that would end their current strike over employment issues.
…
The current strike disrupted 11 courthouses in the area, including traffic court and the Hall of Justice in San Jose. No services are currently available to the public. The civil clerk’s office and the family clerk’s office have also both been shut down. There are also some criminal defendants in jail custody that have not been transported to their court appearances. ...


http://www.mediation.com/articledet...nta-clara-county-employees-agree-to-mediation

 

[Emi]

Upcoming Court Dates at the Hall of Justice:
September 9, 2016 11:00 am Dept. 40 - status
September 16, 2016 3:00 pm Dept. 40
October 3, 2016 9:00 am Dept. 40

These are the upcoming dates I just saw posted. As far as trial date we will see soon on the 9th

 

[kimi_SFC]

Interesting reading :cow: regarding the legal codes mentioned in the Minute Order:

California Penal Code - PEN § 1050 | FindLaw
http://codes.findlaw.com/ca/penal-code/pen-sect-1050.html
California Penal Code - PEN § 1538.5 | FindLaw
http://codes.findlaw.com/ca/penal-code/pen-sect-1538-5.html
Link to Minute Order (9/2/16):
http://www.scscourt.org/general_info/news_media/newspdfs/garciatorres/MinuteOrder.9.2.16.pdf

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[OldSteve]

What does the above mean?

 

[kimi_SFC]

What does the above mean?

PC 1050:
[...]
Excessive continuances contribute substantially to this congestion and cause substantial hardship to victims and other witnesses.  Continuances also lead to longer periods of presentence confinement for those defendants in custody and the concomitant overcrowding and increased expenses of local jails.  It is therefore recognized that the people, the defendant, and the victims and other witnesses have the right to an expeditious disposition, and to that end it shall be the duty of all courts and judicial officers and of all counsel, both for the prosecution and the defense, to expedite these proceedings to the greatest degree that is consistent with the ends of justice.  In accordance with this policy, criminal cases shall be given precedence over, and set for trial and heard without regard to the pendency of, any civil matters or proceedings.  In further accordance with this policy, death penalty cases in which both the prosecution and the defense have informed the court that they are prepared to proceed to trial shall be given precedence over, and set for trial and heard without regard to the pendency of, other criminal cases and any civil matters or proceedings, unless the court finds in the interest of justice that it is not appropriate. - See more at: http://codes.findlaw.com/ca/penal-code/pen-sect-1050.html#sthash.R8VEbnRP.dpuf

The 2nd PC code appears to be the apd's motion regarding the return of evidence.

IANAL, so...
:moo:


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[Niner]

Looks like the hearing started at 11am this morning - anything being tweeted??

TIA! :wave:

 

[Emi]

Apparently no one is covering the Sierra hearing today and they are assigned to other cases, also minute order will be posted on Monday
so to anyone who is interested please be patient

 

[Emi]

Good morning,

Just got a few documents to post and minute order as well from Friday
Want to inform the date for the trial is vacated

Here are the upcoming court dates:
September 15, 2016 10:00 am Dept. 40
October 3, 2016 9:00 am Dept. 40

To an admin can you pin these dates and link with the court website and case - http://scscourt.org/general_info/news_media/garcia-torres.shtml

 

[Emi]

http://scscourt.org/general_info/news_media/newspdfs/garciatorres/DefensesReplyToGovernmentOpposition-MotionForSeverance.pdf

I attached a document posted today

 

[Niner]

Another hearing today??

 

[Emi]

Another hearing today??

Yes

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[Migmuu]

So... is this finally going to happen? Do we expect to see yet another delay?

 

[Emi]

So... is this finally going to happen? Do we expect to see yet another delay?

There is a delay, I am hoping trial will happwn in November

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[Migmuu]

There is a delay, I am hoping trial will happwn in November

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You've gotta be friggin kidding me

 

[Emi]

Migmuu read the documents I have posted so far and I am not kidding you

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[kimi_SFC]

Interesting reading (final page from corrected link) - From DA Rosen to ada lopez

Source:
http://www.scscourt.org/general_inf...nForContinuanceUnderPC1050Corrected9.9.16.pdf

:thinking:


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[Emi]

this is the minute order from yesterday

 

[Emi]

http://www.nbcbayarea.com/news/loca...ting-Sierra-LaMar-Murder-Case--393787171.html. - this is the reason why the jury and trial is delayed

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