Friday, December 9, 2011 – 04:30 p.m.

The California Court of Appeal has now entered the fray on the Colonies case.

The 4th District Court of Appeal, Division 2 has accepted Writs of Mandate filed by defendants James Erwin, Mark Kirk and Jeffrey Burum to have additional charges dismissed.

This afternoon the court issued an order to consolidate the writs with the Attorney General’s appeal of Judge Brian McCarville’s previous dismissal of some of the charges.

An order to show cause as to why additional charges against Erwin, Kirk and Burum should not be dismissed has been issued to the Attorney General/District Attorney.

Both have been given 25 days to respond.

Of course the court could always rule in favor of the State. But today’s developments are a good sign for the defense.

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4th Appellate District Division 2
Court data last updated: 12/09/2011 03:05 PM

Docket (Register of Actions)

James Erwin v. The Superior Court; The People
Case Number E054737

DateDescriptionNotes
10/18/2011Filed petition for writ of:   Mandate/Prohibition
10/18/2011Request for judicial notice filed.   By petnr.
10/24/2011Motion filed.   by petitioner to consolidate petition (E054737) w/appeal E054422.
10/26/2011To court.   mtn/consolidate, misc. file folder re E054422
12/09/2011Filed order consolidating with case:   E054422 (appeal). Parties ordered to show cause before this crt why relief prayed for should not be granted. RPI may file a formal return w/in 25 days. Petitioner shall have 15 days thereafter to file a traverse. Parties will be notified when matter set for oral argument

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4th Appellate District Division 2
Court data last updated: 12/09/2011 04:05 PM

Docket (Register of Actions)

Mark Kirk v. The Superior Court; The People
Case Number E054735

DateDescriptionNotes
10/18/2011Filed petition for writ of:   mandate
10/18/2011Request for judicial notice filed.   by petnr
10/25/2011Motion filed.   by petitioner to consolidate petition with people’s appeal in E054422
12/09/2011Filed order consolidating with case:   E054422 (appeal). Parties ordered to show cause before this crt why relief prayed for should not be granted. RPI may file a formal return w/in 25 days. Petitioner shall have 15 days thereafter to file a traverse. Parties will be notified when matter set for oral argument

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4th Appellate District Division 2
Court data last updated: 12/09/2011 04:05 PM

Docket (Register of Actions)

Jeffrey Burum v. The Superior Court; The People
Case Number E054738

DateDescriptionNotes
10/18/2011Filed petition for writ of:   mandate
10/18/2011Request for judicial notice filed.   by petnr
10/24/2011Motion filed.   by petitioner to consolidate petition with people’s appeal in E054422
12/09/2011Filed order consolidating with case:   E054422 (appeal). Parties ordered to show cause before this crt why relief prayed for should not be granted. RPI may file a formal return w/in 25 days. Petitioner shall have 15 days thereafter to file a traverse. Parties will be notified when matter set for oral argument

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4th Appellate District Division 2
Court data last updated: 12/09/2011 04:05 PM

Docket (Register of Actions)

The People v. Paul Biane et al.
Case Number E054422

DateDescriptionNotes
09/06/2011Notice of appeal lodged/received (criminal).   Dtd Aug 30, 2011; The People
09/06/2011Notice to reporter to prepare transcript.   Dtd Aug 30, 2011; CSR Sellers
09/23/2011Record on appeal filed.   C-1 & R-1.
09/26/2011Filed document entitled:   Notice from ADI re: attys Stephen Larson & Mary Andrues have been retained by respondent Jeffrey Burum.
10/04/2011Filed document entitled:   Ntc re: cnsl on appeal. David M. Goldstein for respondent Paul Antonio Biane.
10/04/2011Filed document entitled:   ntc re: cnsl on appeal. Rajan R. Maline for respondent James Howard Erwin.
10/14/2011Received:   ntc of representation of cnsl for purposes of appeal by cnsl for respondent Kirk.
10/14/2011To court.   Ntc of representation fo cnsl for purposes of appeal by cnsl for respondent Kirk & file folder
Okay to file (blc)
10/17/2011Filed:   ntc of representation of cnsl for purposes of appeal by cnsl for respondent Mark Kirk.
10/20/2011Appellant’s opening brief. Plaintiff and Appellant: The People
Attorney: Cameron Charles Page

Attorney: Melissa Anne Mandel

10/26/2011Filed document entitled:   ntc RE: cnsl on appeal. Paul Grech & Chad Firetag for respondent Kirk.
11/21/2011Respondent’s brief. Defendant and Respondent: Kirk, Mark Allen
Attorney: Paul Grech

11/21/2011Respondent’s brief. Defendant and Respondent: Burum, Jeffrey Scott
Attorney: Stephen G. Larson

11/21/2011Request for judicial notice filed.   by respondent Burum.
11/21/2011Respondent’s brief. Defendant and Respondent: Erwin, James Howard
Attorney: Rajan R. Maline

Attorney: Steven L. Harmon

11/22/2011Respondent’s brief. Defendant and Respondent: Biane, Paul Antoine
Attorney: David M. Goldstein

11/23/2011Filed proof of service.   Amended for Paul Biane’s RB re service to atty Harmon (cnsl for applnt James Erwin)
11/30/2011Opposition filed.   to respondent Burum’s rqst for jud ntc.
11/30/2011To court.   Rqst for jud ntc by respondent Burum & AG’s no oppo thereto.
11/30/2011Filed proof of service.   amended for Mark Kirk’s RB re service to DA.
12/02/2011To presiding justice for signature.   Proposed order
12/05/2011Ruling on request for judicial notice deferred   for consideration w/the appeal. Parties may discuss the matters in any briefs.
12/07/2011Appellant’s reply brief. Plaintiff and Appellant: The People
Attorney: Cameron Charles Page

Attorney: Melissa Anne Mandel

12/07/2011Case fully briefed.
12/09/2011Filed order consolidating with case:   (In E054735, E054737 & E054738) E054422(MF) consolidated w/E054735, E054737 & E054738. Parties ordered to show cause before this crt why relief prayed for should not be granted. RPI may file a formal return w/in 25 days. Petitioner shall have 15 days thereafter to file a traverse. Parties will be notified when matter set for oral argument
12/09/2011Written return filed.   by RPI (Kirk)
12/09/2011Written return filed.   by RPI (Erwin)
12/09/2011Written return filed.   by RPI (Burum)

 

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