This case in in the process of Appeal. There was a deadline of May 30, 2016 for the State to file their brief. I am the inmates mother, I check the docket, after 5 weeks, and no extension or brief filed by the state , I contacted the Clerk of Court who put in an order for the state to answer in 20 days. My question is this, if I don't check the docket, and obviously the inmate can't, shouldn't someone be held accountable for the deadline to file the extension or the brief passing with no followup by either our atty or Clerk of Court ( especially by 5 weeks) Is there a grievance or complaint that can be filed either against the PD or the Clerk of Court for not catching this? I realize the Judges cannot decide on the case without a brief from both sides, but can the state just ignore this with nothing put in my sons record to the fact that they did not file on time?
Although, based on your question, you called the failure of opposing counsel to file its answer brief by the due date to the attention of the District Court of Appeal, it is my experience that the Clerk of Court (if you hadn't taken action) would have sent an order to opposing counsel asking for an explanation and/or stating counsel had so many days to submit its brief. In other words, even if you had not taken action, it is virtually certain the Clerk of Court would have taken action. It is highly unusual that it would get lost in the system. Albeit, occasionally the clerk may be delayed in sending the order (as apparently was the situation in your son's case). Your son may want to contact the assistant public defender assigned to his case (although he's in prison, he can write to his assigned appellate attorney) to inquire as to the problem and resolution. It may be there is some underlying problem or situation of which you are not aware. If not, certainly the assigned attorney can explain what happened and what he/she is doing to make sure the case stays on track at this point.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.