Monday, July 20, 2009

Harlow Cuadra's Appeal... What's Up?

From a previous post... reader pizzaman asks a very good question:

"pizzaman said...
This of off topic, but has there been anything on Cuadra's appeal?

Last we heard he was supposed to file something on June 8, but didn't. Is the appeal still alive?
"

I checked earlier today and according to court records, Harlow's appeal is still alive and well... the required June 8th filing still hasn't happened... nor have there been sanctions because of it.

The court's docket also hasn't been updated with Harlow's new attorney information (Jeffrey Yelen), and Yelen has yet to file anything in regards to the appeal.

So who knows what's going on... go figure. :)

6 comments:

  1. Well, either there is a computer input breakdown in the Penn court system, or everyone figures that there is plenty of time; Harlow is not going anywhere soon. :)

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  2. I realize that the courts and public defenders are overburdened everywhere, but this case has shown me just how bad things are. The American judicial system is chaotic and that's not good for anyone, particularly the innocent. We're all just one police officer away from being arrested for something -- guilty or not. My naive faith in the system, which has been eroded in recent years, has taken a pretty serious hit from this case.

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  3. Unfortunately, I have to agree with Pizzaman, either the system is jammed to the gills; or the court employees just don't care about speedy process.
    I suspect most employees are trying to do thier best, but it does not take much to slow things to a crawl.

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  4. appeals don't work like that. the superior court is actually waiting for the record to be sent by the Luz. Cty. Clerk of Courts and the Judge's opinion to be filed after concise statments are done. Defendant did theirs, C\W not required to respond. The Defendant did file a criminal docketing statement. After the above is done, then a briefing schedule will be established. Plus, maybe he got a new lawyer.

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  5. Appeals don't work like that. It's not actually controlled by the county court more so by the appellate court. It will take well over a year for the appeal to finish with the Superior Court then there can be further appeals. The Superior Court is waiting for the Luz.Cty. Clerk to send the record to them. Plus Judge PPO has to do an opinion. Defendant filed his concise statement. C|W not required to respond. Once this is all received in the Superior Court a briefing schedule will be established, then briefs, then either oral argument or submission of briefs, then a decision. Won't be til 2010 that you will see a decision.

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  6. appeals don't work like that. the superior court is actually waiting for the record to be sent by the Luz. Cty. Clerk of Courts and the Judge's opinion to be filed after concise statments are done.



    Exactly. The concise statement was filed the first of May. How long does it take PPO to write his opinion? Maybe he's overburdened and hasn't had time to get to it, but that supports my point.

    The appeals court part of the process can't begin until the Luzerne court forwards the records, so the ball is still with Luzerne County.

    I understand that appeals courts don't move at breakneck speed, but as I understand it, the Superior Court doesn't even have this case yet.

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