D.A. Moves Forward With Appeal Of Ju...

Since: Jul 10

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#21812 Mar 4, 2013
This is the latest notification on the ANS, Stern Ersohevich case regarding briefs filed. It appears there is finally some activity.

02/21/2013 Order filed. The parties shall have 10 days from the date of this order to file letter briefs on the effect, if any, of the decision in Evans v. Michigan (2012) 568 U.S.__,__-___2013 WL 610197] on any double jeopardy issues. The parties were e-notified.

03/01/2013 Letter brief filed. Defendant and Respondent: Eroshevich, Kristine
Attorney: Janyce Keiko Imata Blair In response to court's 2/21 order

http://appellatecases.courtinfo.ca.gov/search...



I am not aware if or how the Supreme Court decision came out and what effect it will have on this case.

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JFA

Since: Aug 10

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#21813 Mar 4, 2013
JustGuessing2 wrote:
This is the latest notification on the ANS, Stern Ersohevich case regarding briefs filed. It appears there is finally some activity.
02/21/2013 Order filed. The parties shall have 10 days from the date of this order to file letter briefs on the effect, if any, of the decision in Evans v. Michigan (2012) 568 U.S.__,__-___2013 WL 610197] on any double jeopardy issues. The parties were e-notified.

I am not aware if or how the Supreme Court decision came out and what effect it will have on this case.
http://supreme.justia.com/cases/federal/us/56...

Evans v. Michigan

Justia.com Opinion Summary:

After the State of Michigan rested its case at Evans’ arson trial, the court granted a directed verdict of acquittal, concluding that the state had failed to prove that the burned building was not a dwelling, a fact the court mistakenly believed was an “element” of the statutory offense. The court of appeals reversed and remanded for retrial. In affirming, the state’s highest court held that a directed verdict based on an error of law that did not resolve a factual element of the charged offense was not an acquittal for double jeopardy purposes. The Supreme Court reversed; the Double Jeopardy Clause bars retrial. An acquittal encompasses any ruling that the prosecution’s proof is insufficient to establish criminal liability for an offense. Unlike procedural rulings, which lead to dismissals or mistrials on a basis unrelated to factual guilt or innocence, acquittals are substantive rulings that conclude proceedings absolutely, and raise significant double jeopardy concerns. The trial court clearly evaluated the state’s evidence and determined that it was legally insufficient to sustain a conviction. The acquittal was the product of an erroneous interpretation of governing legal principles, but that error affects only the accuracy of the determination to acquit, not its essential character.

Download PDF
http://supreme.justia.com/cases/federal/us/56...

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JFA

Since: Aug 10

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#21814 Mar 4, 2013
JFA wrote:
<quoted text>
http://supreme.justia.com/cases/federal/us/56...
Evans v. Michigan
Justia.com Opinion Summary:
After the State of Michigan rested its case at Evans’ arson trial, the court granted a directed verdict of acquittal, concluding that the state had failed to prove that the burned building was not a dwelling, a fact the court mistakenly believed was an “element” of the statutory offense. The court of appeals reversed and remanded for retrial. In affirming, the state’s highest court held that a directed verdict based on an error of law that did not resolve a factual element of the charged offense was not an acquittal for double jeopardy purposes. The Supreme Court reversed; the Double Jeopardy Clause bars retrial. An acquittal encompasses any ruling that the prosecution’s proof is insufficient to establish criminal liability for an offense. Unlike procedural rulings, which lead to dismissals or mistrials on a basis unrelated to factual guilt or innocence, acquittals are substantive rulings that conclude proceedings absolutely, and raise significant double jeopardy concerns. The trial court clearly evaluated the state’s evidence and determined that it was legally insufficient to sustain a conviction. The acquittal was the product of an erroneous interpretation of governing legal principles, but that error affects only the accuracy of the determination to acquit, not its essential character.
Download PDF
http://supreme.justia.com/cases/federal/us/56...
(from above)

quoting from summary here:

"The trial court clearly evaluated the state’s evidence and determined that it was legally insufficient to sustain a conviction."

-..it will be hard to determine just how this will be directed being the Evans cases' issues were not that similar..-imo anyway-

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JFA

Since: Aug 10

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#21818 Mar 5, 2013
JustGuessing2 wrote:
This is the latest notification on the ANS, Stern Ersohevich case regarding briefs filed. It appears there is finally some activity.
02/21/2013 Order filed. The parties shall have 10 days from the date of this order to file letter briefs on the effect, if any, of the decision in Evans v. Michigan (2012) 568 U.S.__,__-___2013 WL 610197] on any double jeopardy issues. The parties were e-notified.
03/01/2013 Letter brief filed. Defendant and Respondent: Eroshevich, Kristine
Attorney: Janyce Keiko Imata Blair In response to court's 2/21 order
http://appellatecases.courtinfo.ca.gov/search...
I am not aware if or how the Supreme Court decision came out and what effect it will have on this case.
&
JustGuessing2 wrote:
Notification that Stern has also responded to the courts today.
03/04/2013 Letter brief filed. Defendant and Respondent: Stern, Howard K.
Attorney: Peter Gold In response to court's 2/21 order
http://appellatecases.courtinfo.ca.gov/search...
==========

IF U LOOK @ THE CALENDAR….
THE 02/21/2013 ORDER FILED
(above quote from Docket)
.
.“The parties shall have 10 days from the date of this order to file letter briefs…”

--Dr E’s lawyer filed on the (6th) calendar business day from the ORDER on the 21st…
--HKS’s lawyer filed on the (10th) calendar business day from the ORDER on the 21st…

(u start count on the 22nd/count M-F only)

Both parties were ORDERED to file a ‘brief’ of any / or all relative matters that may pertain to this case from the:
> OUTCOME OF THE EVANS V MICHIGAN CASE >> procedure on further discussing the issues of DJ

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JFA

Since: Aug 10

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#21828 Mar 30, 2013
Stern Guilty wrote:
Court of Appeal Reaffirms Ruling in Case Of Anna Nicole Smith’s Lawyer, Doctor
By KENNETH OFGANG, Staff Writer
'Stern Guilty' > U should probably re-read that again...

Watch > HE WILL NOT BE FOUND GUILTY OF ANY FELONY IN THE END...

--the TRIAL COURT,'Perry' WILL DECIDE how to dismiss,
reduce the felony to misdemeanors,
give a fine,
or probation
or ANYTHING or Any Way 'OTHER THEN HOW IT WAS DONE BEFORE'..

PERIOD! LOL THO..
GOOD TRY IN SKEWING THE FACTS TO FIT THE WAY YOU WANT IT TO BE..

QUOTING from 1st paragraph from YOUR ARTICLE link ABOVE:

----
"Adhering to the conclusion it reached last October, Div. Five said Los Angeles Superior Court Judge Robert Perry erred in finding the evidence against Howard K. Stern insufficient as a matter of law.

Double jeopardy principles bar Stern from being retried, however, so the court will have to reinstate his conviction and sentence him, or dismiss the case on some other basis, such as in the interests of justice under Penal Code Sec. 1385"
----

hint...
like I wrote a few months ago here...--->>> remember "1385",
I typed google it or look it up - it was important to the case... I believe I even left a link...

NO MATTER some people will interpret the outcome like they want or think it should be I guess.

--quote from UR LINK ABOVE: "..such as in the interests of justice under Penal Code Sec. 1385..."

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JFA

Since: Aug 10

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#21830 Mar 30, 2013
--IMOO the only thing that is a true fact is what Judge Perry said in an interview:

http://www.cnn.com/2010/CRIME/10/08/californi...

"Los Angeles, California (CNN)

-- The judge in the Anna Nicole Smith drug trial scolded the prosecutor for "misrepresenting what was testified" during her closing rebuttal Friday and said his remedy could be to allow the defense to have another chance to address jurors."

"When Perry interrupted Rose's rebuttal and sent jurors on a mid-afternoon break Friday, he told Rose some of her arguments to the jury were "distressing to the court.""

""My concern is I have a prosecutor who is misrepresenting what was testified," the judge said."

====

> there was another interview that Perry said; THIS WAS NOT THE CASE FOR THE CAILF DA's office to try and set as PRECEDENT
(make an example of > to scare other doctors from over prescribing to celebrities)

Note:
it is VERY IMPORTANT to NOT FORGET that everyone has the RIGHT TO A FAIR TRIAL UNDER THE LAW, it is in our CONSTITUTION…

--- the Nannies ADMITTED THEY LIED!
--- F. Shelley ADMITTED he LIED!
--- DA assistant got LB in the elevator and TRIED TO MAKE HIM SOUND MORE ANGRY @ HKS??

> that right there was attempted corruption of facts and the case should have been thrown out the courts as a matter of law…

LOL - don’t worry I bet Perry will go ahead and keep the two or so guilty verdicts -
AFTER he reduces the charges from Felonies to Misdemeanors and gives HKS / Dr E 60 or 90 days Probation….

--remember IF the PROSECUTION (your side) would have been correct… THE APPEALS COURT Wouldn’t TOSS THE CASE BACK TO PERRY AND ADVISE HIM TO DO IT DIFFERENT -

The APPEALS COURT JUDGES Don’t even TELL HIM HOW >> JUST NOT THE WAY HE DID B-4!

HAPPY EASTER!

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Since: Nov 10

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#21832 Mar 30, 2013
Just wanted to "pop in" and wish everyone a blessed Easter! Make MEMORIES!!

Thanks for the updates also...glad for the news!

Enjoy this special weekend!

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JFA

Since: Aug 10

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#21837 Apr 22, 2013
JFA wrote:
<quoted text>
ALL those ridiculous STRONGER CHARGES the Jury DISSMISED completely for Kapoor and kept a few small charges for HKS & Dr. E would be:
-- reinstated --
CLARIFICATION:

---ONLY---

the few minor charges that resulted in guilty
verdicts would be RE-INSTATED for HKS & Dr E....

C Ya..........

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Since: Mar 11

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#21840 May 22, 2013
http://www.ma natt. [email protected] anatt/_AppellateLa w_06_26_09.aspx

"The mechanics of a petition for review are straightforward.

Such a petition must be filed within 10 days after the Court of Appeal's decision is final,

meaning that most petitions for review are due"

*"40 days from the issuance of the decision."*

"If a petition for review is not filed however, does that mean the case is immune from Supreme Court review? Most lawyers probably would say yes, and as a practical matter, that would be right. But technically, the answer is no."

(7 hrs ago | post #21839)

==========

Hey 'Mod' try to erase this like you did the other one... Topix admin knows who you are!

what a childish MORON!

LOL, taking off vertas 2 posts and now mine...
WTH?? You act like you are in grade school!
LOL, LOL! whatcha afraid of??? dingbat

copies/screenshots made watch yourself and do know how very immature your acting to let someone you agree with posts stay and others you don't YOU REMOVE?

copy sent to ADMIN of TOPIX

makes you wonder how you act with people you actually physically interact with!
GOD help them

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Fanciulla

Downers Grove, IL

#21842 May 22, 2013
Lifetime Original Movie 'Anna Nicole' to Premiere June 20

Written By Sara Bibel

May 22nd, 2013

Starring Agnes Bruckner as Anna Nicole Smith with Academy Award®-Winner Martin Landau, Oscar® Nominee Virginia Madsen, Adam Goldberg and Cary Elwes

LOS ANGELES, CA (May 22, 2013)– The Lifetime Original Movie Anna Nicole tells the rags-to-riches story of the iconic supermodel who captured the world’s attention with her beauty and unconventional lifestyle. Exploring the sordid details that created her infamous persona, from stardom to untimely death, the world premiere will be on Saturday, June 29, at 8:00pm ET/PT.

More...

http://tvbythenumbers.zap2it.com/2013/05/22/l...

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Dink

San Francisco, CA

#21848 May 25, 2013
The 2 nannies are true American heros in my book!

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Dink

San Francisco, CA

#21849 May 25, 2013
Thanks for splaining it SheStone.

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Since: Nov 10

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#21850 May 26, 2013
Fanciulla wrote:
Lifetime Original Movie 'Anna Nicole' to Premiere June 20
Written By Sara Bibel
May 22nd, 2013
Starring Agnes Bruckner as Anna Nicole Smith with Academy Award®-Winner Martin Landau, Oscar® Nominee Virginia Madsen, Adam Goldberg and Cary Elwes
LOS ANGELES, CA (May 22, 2013)– The Lifetime Original Movie Anna Nicole tells the rags-to-riches story of the iconic supermodel who captured the world’s attention with her beauty and unconventional lifestyle. Exploring the sordid details that created her infamous persona, from stardom to untimely death, the world premiere will be on Saturday, June 29, at 8:00pm ET/PT.
More...
http://tvbythenumbers.zap2it.com/2013/05/22/l...
I haven't seen this advertised...thanks for the info. Hope it's better than some of the others...lol

SheStone...thanks for your updates, I'll go to other site to "catch up".

Hope everyone is having a good Memorial Day weekend!

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JFA

Since: Aug 10

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#21856 May 30, 2013
SheStone wrote:
I do have another concern regarding the possible sanctions.
Considering the sanctions are to be for expenses and not punitive,

snipped

actually end up going to the attorneys for their expenses/costs rather than actually going to ANS's estate?
Really? Interesting thoughts on how to spin this clear win..

BY LAW -- attorneys cannot take 100% of court awards!
Without the client... no matter how many hours they put in - any monetary award would not be without the....>>>> CLIENT!

Sanctions BASED on WELL DOCUMENTED and PROVED unethical tactics by the likes of "SCREW U" Rusty.... per ANS could be a:

HIGHER AMOUNT than any punitive award! SPIN, SPIN, SPIN....

LOL, and what's the 'spin' of WHY O'Q wanted this case in the first place??????
==========
Anna Nicole's Estate Wins Millions in Sanctions
7 hours ago | http://www.imdb.com/news/ni54783745/

“The daughter of late model Anna Nicole Smith, Dannielynn could be awarded as much as $49 million in sanctions from the estate of E. Pierce Marshall's son of Anna Nicole's once-husband J. Howard Marshall, per court orders.

According to Forbes, a California federal judge has ordered Marshall's estate to "pay sanctions over 'massive discovery abuse' in the Koch Industries heir's scorched-earth legal battle against his stepmother, the late 'Playboy' model Anna Nicole Smith."
Pics: Remembering Anna Nicole Smith

For over a decade, Smith's estate has been attempting to recover hundreds of millions of dollars from the estate of her husband J. Howard Marshall, who died in 1995 at the age of 90, a year after he married the then-26-year-old model.

The sanctions against the estate of E. Pierce Marshall, who passed away in 2006, were issued due to his alleged attempts to delay the transfer of wealth to Smith's estate, including purportedly "shipping crucial legal documents to a lawyer»

See full article at Entertainment Tonight »

http://www.etonline.com/news/134600_Anna_Nico...

GREAT PIC OF ANNA!

May 30, 2013
“The daughter of late model Anna Nicole Smith, Dannielynn could be awarded as much as $49 million in sanctions from the estate of E. Pierce Marshall's son of Anna Nicole's once-husband J. Howard Marshall, per court orders.

According to Forbes, a California federal judge has ordered Marshall's estate to "pay sanctions over 'massive discovery abuse' in the Koch Industries heir's scorched-earth legal battle against his stepmother, the late 'Playboy' model Anna Nicole Smith."

For over a decade, Smith's estate has been attempting to recover hundreds of millions of dollars from the estate of her husband J. Howard Marshall, who died in 1995 at the age of 90, a year after he married the then-26-year-old model.

The sanctions against the estate of E. Pierce Marshall, who passed away in 2006, were issued due to his alleged attempts to delay the transfer of wealth to Smith's estate, including purportedly "shipping crucial legal documents to a lawyer in Lake Charles, La. to try and keep them out of the hands of Smith’s lawyers."

Forbes reports that the judge didn't specify the monetary amount of damages but suggested last March that it could reach up to $49 million.

"This is a complete vindication of Anna Nicole's rights and a total condemnation of what was done to her," Phil Boesch, lawyer of Smith's estate, told Forbes. "We are confident that the amount Anna's estate and daughter Dannielynn will finally be awarded will be fair and substantial."

The judge set a hearing for Dannielynn and the Smith estate's lawyers to request sanctions on August 13.”
---
08-13-13 Good News for those who believe they can ABUSE the COURTS!!

“MASSIVE DISCOVERY ABUSE” per a FEDERAL JUDGE who could care less about ANS, her heirs… ect…. He is judging this on what was PROVEN!

Bet there will be NO APPEALS from the Marshalls! AS > it could cost them MORE later on for THESE COSTS, DELAYS and ABUSES of the COURTS!

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JFA

Since: Aug 10

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#21857 May 30, 2013
SheStone wrote:
It will probably be another long wait though.
YEP!

A WHOLE:

75 or so days

UNTIL:

Aug 13th 2013...

NIGHT NOW

*smiling*

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JFA

Since: Aug 10

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#21860 May 31, 2013
SheStone wrote:
JFA if you truly think that the sanctions case will be over on Aug 13th 2013, it truly shows you don't understand what you read in court orders very well and haven't learned anything from watching all the other cases.
Well bless your little heart!

Please SHOW US ALL where I said it would BE OVER on that date?

A case like that in a civil court now a days may have a 18 MONTH wait TO EVEN GET ON THE CALENDAR!

75 days until they mediate AND you never know-- LOL, it could be confidentially settled out @ that time.

After all if the Federal Judge sees wrong doing then they may save $ lots of Money by settling…

LOL, like O’Q's other case with HKS did - yet a few of you who NEVER saw the confidential details insisted it was just for legal fees!*giggles*

That earlier post of mine > Nobody EVERY mentioned WHY they thought O'Q want any case to do with ANS!!
I should have typed "$$$" instead of question marks!

Tell us all here >> WHY YOU DON’T YOU THINK THOSE LYING, CHEATING, SCHEMING LAWYERS FOR P. MARSHALL SHOULD PAY OUT OF THE ESTATE OF PIERCE WHO HIRED THEM TO SCREW THE LEGAL SYSTEM FROM SOMEONE GETTING A FAIR TRIAL????

LOL - do not act like you are ever ‘schooling’ me -- or go ahead and continue to try and do so, matters not really to me.

Actually, its very telling and somewhat humorous and a bit sad all @ the same time…

Come on you have to admit how I successfully pointed out each and every ‘SPIN’ you did…
Is that why you’re a bit peeved? Ahhh,~C’est la vie ~

__________

ps, I stand what I said earlier…

75 days or so IS NOT A LONG WAIT, it is much better than a year and half or two years to even get into Court…

LOL @ your last post… yep! I bet YOU never think ANYTHING in the favor of ANS Estate (DL) would be likely…

It is like you VA Lovers think ‘ole Pierce (his estate) should NOT PAY for their:

QUOTE:
JFA wrote:
<quoted text>
“MASSIVE DISCOVERY ABUSE” per a FEDERAL JUDGE who could care less about ANS, her heirs… ect…. He is judging this on what was PROVEN!

Bet there will be NO APPEALS from the Marshalls!
AS > it could cost them MORE later on for THESE COSTS,
DELAYS and ABUSES of the COURTS!
Geesh! LOL > don’t try to ‘school’ me until YOU ADMIT
those asses-were WRONG and should PAY for abusing the Courts…

LOL - do YOU understand that??

*big grins**ultimate amazement*

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PARTY TIME

Galveston, TX

#21864 Jun 3, 2013
Dink wrote:
The 2 nannies are true American heros in my book!
Liars or changing stories all the time can never be a hero. Those who do wrong never get to enjoy the "good life". A true hero is someone who does not lie steal or cheat, does unto others well, honesty, those who work hard for the truth, those who help others always, and treat everyone with respect deserved. The evil doers in life get do justice in time and lead a sad life by the obvious. To play like a Christian and then treat others bad is so transparent.

Have a nice day Dink, I enjoyed the giggle.

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PARTY TIME

Galveston, TX

#21865 Jun 3, 2013
How bout that news about Anna's estate being awarded maybe 49 mill from a Federal judge?

WOOHOO

The good wins over evil every time! By all accounts everyone is this story has done well who played their cards right and played fair. The evil doers are all having a hard time in life. Its called "KARMA".

Congrats to Howard, Larry and Dannielynn. Party time boys!

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PARTY TIME

Galveston, TX

#21866 Jun 3, 2013
JFA.....thank you for all the fair and unbiased info on the cases. The real truth shines sweet lady!

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Since: Nov 10

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#21867 Jun 8, 2013
Dink wrote:
The 2 nannies are true American heros in my book!
WAIT..the nannies were AMERICANS??? lol

Thought I'd see if anything was new, imagine THAT? lol

have a good weekend all!

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