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Another technical question about the prop 8 case

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dsc Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-12-10 06:31 PM
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Another technical question about the prop 8 case
what, if any, exceptions are there to the 30 day deadline for appeals? Is it technically possible that this election could, if won by the GOP in California, change the standing issue around. I know that Whitman is in favor of appealing and I presume that the AG candidate on the GOP side is as well. So is this a possibility or not?
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gratuitous Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-12-10 06:52 PM
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1. There has to be a showing of good cause for not filing an appeal within 30 days
Did I say "good cause"? Make it "damn good cause." While blowing a filing deadline can often be cured, there are some that you just don't mess with. Statute of limitations on a personal injury claim, failure to file a tort claim notice within the prescribed time, and the time for filing a notice of appeal are all pretty non-negotiable. I don't know when the new governor of California will be sworn in, but the election won't even be held for three months. "Appellant did not file a timely notice of appeal because she was waiting to be elected" is almost surely not going to fly.
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dsc Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-12-10 07:01 PM
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2. I am sure that it would be early January
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