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Post by Deleted on Apr 14, 2010 3:00:24 GMT -5
I'm sure they will, but not until the 9th Circuit denies these two remedies:
Petition for Panel Rehearing A party should seek panel rehearing only if one or more of the following grounds exist: - A material point of fact or law was overlooked in the decision; - A change in the law occurred after the case was submitted which appears to have been overlooked by the panel; or - An apparent conflict with another decision of the Court was not addressed in the opinion.
Petition for Rehearing En Banc A party should seek en banc rehearing only if one or more of the following grounds exist: - Consideration by the full Court is necessary to secure or maintain uniformity of the Court’s decisions; or - The proceeding involves a question of exceptional importance; or - The opinion directly conflicts with an existing opinion by another court of appeals or the Supreme Court and substantially affects a rule of national application in which there is an overriding need for national uniformity.
It will probably be 4-8 weeks before the rehearing briefs are filed and ruled upon. I highly doubt that the USSC will decide to hear the case. At this point their best chances probably lie with Schwarzenegger or a future governor.
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Post by kma367 on Apr 14, 2010 22:02:27 GMT -5
I didn't notice whether the opinion was the panel or en banc. Guess I should've looked.
kma367
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Post by Deleted on Apr 15, 2010 7:44:38 GMT -5
04/14/2010 60 Filed (ECF) Appellant Brandon Wade Hein in 07-56277, Appellant Tony Miliotti in 07-56288, Appellant Jason Skip Holland in 07-56365, Appellant Micah Holland in 07-56367 Joint Motion to extend time to file petition for rehearing until 05/26/2010 at 11:59 pm. Date of service: 04/14/2010. [7301155] [07-56277, 07-56288, 07-56365, 07-56367] (WG)
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Post by Deleted on Jan 6, 2011 13:24:57 GMT -5
Hmm. So Arnold failed to "terminate" the injustice before leaving office. Not that I'm hugely surprised by that but I was still sad to read it. I doubt SCOTUS will grant the writ and hear the case, so it's 10 years for Hein until he'll appear before a parole board.
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Post by Deleted on Jun 30, 2011 20:28:45 GMT -5
Food for thought: Brandon is essentially the "Damien" of his band of misfits. He is the one screaming to the heavens and getting all the attention from the media. The crime happened in what is essentially a "law of parties" state, which means they are all equally culpable for the resulting homicide. If this happened in Texas, the entire group would probably be sitting on death row or executed by now. Personally, I don't always agree with the law of parties because it leaves a lot of room for error and overly harsh sentencing. However, it is the law in some places. And in this case, the boys were out on what basically amounted to a petty crime spree that ultimately resulted in the death of another. While it might seem 'harsh' it still meets the criteria for conviction and subsequent sentencing under CA's felony murder rule.
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Post by kma367 on Jul 1, 2011 23:03:04 GMT -5
I agree, V. The trouble is that Hein and his co-defendants have claimed that they were just a group of guys out to buy some weed and that they didn't menace or rob anyone that day. Most people who believe in their innocence buy that and don't think there's anything odd about the fact that they entered the property not by, if I remember correctly, jumping the back fence (instead of going through the front gate), or why they engaged in a fight with the two victims, or why the victims were stabbed. What they also don't seem to understand is even if they didn't go there with the intent to steal from the victims, that's what they ultimately did, i.e. not paying for the weed they allegedly went there to buy.
Frankly, I think they're all lucky that the State of California didn't go for the death penalty, which it could've gotten since a death resulted from a predicate felony.
kma367
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