Many More Court Updates
Many More Court Updates
Shangri La Massage
Feng allowed to return to China until next hearing 11/2/16
3 posted bail ranging from $5000-$15,000
4 have trial set for 2/6/2017 continued from 11/2
1 has sentencing on felony plea agreement 11/29
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Rose Garden Health
5 indicted, most out on $5000 bond.
10/24/16 State filed notice of additional rebuttal witnesses - 2 Phoenix PD officers
Next hearing 11/17
Trial for the 2 that have not yet taken felony pleas 1/19/2017
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Studio from 2013 raid
The ten that took plea deals sentencing deferred until 11/15
10/28 William owner oral argument: Fight whether he can continue to represent himself from State motion to deny based on conduct. Claims detective told sexual assault victim to make up facts so prosecution unethical conduct not William (like the usual Trump redirection tactic).
William willing to give up pro per status. State says voluminous discovery ongoing and trial should be further delayed. Court orders a complete exhibit list by 11/15 and requested jury questionnaires. Advisory counsel re-urges Rule 32 waiver. (Dave notes this relates to where ineffective counsel is usually more appropriate in a habeas corpus proceeding, or on a direct appeal - courts seem to differ on which. The Studio case is not yet on appeal and not clear exactly what the urge of waiver means).
States motion to rescind pro per status and reset trial date deferred to next hearing on 11/8 with trial set for 11/15.
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Paul W. case now on Appeal
This is a well briefed in lower court entrapment defense which assume will be in the appeal brief.
This is one of zillions of pretend xxxx stings for media hype. Ad of an adult on BP, picture of an adult, listed age of an adult so obviously seeking an adult. Then the gotcha scam by police.
Took to trial but judge ruled could not present entrapment defense. Has good attorney with good briefs. Went to jury trial and lost. Sentenced to mandatory minimum of 7 years in prison vs taking a plea for far less.
Appeal filed 9/19/2016. October is fight over costs as defendant seeks ruling is indigent. Attorney on appeal is same as in lower court which is odd. Not sure if from Office of Public Defense (not the same as public defenders) but they have separate appeals attorneys as in the Phoenix Temple case now on appeal but very slow at just getting transcripts transferred.
Clock to file the appeals briefs, which will have all the defense's legal arguments and then the States reply, are not filed until after all the transcripts are filed. Then court may take 1-2 years for a decision based on other Appeals cases I am tracking.
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Tracy - Phoenix Goddess Temple Appeal Update
Appeal from Jury conviction filed 6/6/2016. Tracy in prison. There are still about 63 transcripts not yet filed with some on 3rd extension until late November.
There is a Office of Public Defense attorney for a real defense hopefully not her fantasy of religious conspiracy theories. The defense attorney had about 120 different cases on the Appeals document she is representing defendants. I look forward to the appellate brief and I believe she has at least two legitimate arguments on appeal. Who knows how many more extensions will be approved for filing from the court reporters the remaining transcripts. Hundreds have been filed but about 63 still on extension of time to file.
AZ Gov D. just appointed one of the 4 prior Temple case judges (case went on for about 5 years before trial) to the Appeals Court. I assume he would have a conflict of interest to be in the Temple Appeals case.
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Swedish Ana / Dale now on Appeal - just Dale
Goes back to 2013 arrest. Swedish Ana who was a popular escort took a plea and now serving 27 years flat time and lifetime probation after release. Was credited at sentencing for 413 days served while case in progress.
Dale sentenced to 20 years Flat time and life probation and credit for 411 days served.
Dale filed notice of appeal in 2014 but hasn't been perfected, keeps getting extensions. On 9/9/2016 Appeals Court ordered transcripts.
Dale motioned from Florence prison for post conviction relief based on ineffective counsel. In part he mentions that at one point the judge had to ask the bailiff to quiet him and his counsel as they were screaming at each other.
In June 2016 Dale requested extension to file Appeal Brief since access to case law is limited in prison and due to the closeness of inmates housed in 64 man pods. As a result he caught various illnesses hindering his research.
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