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California Courts of Appeal,
Appellate Practice

Jul. 9, 2021

Attorney says client harmed by 3rd District delay

C. Athena Roussos of Elk Grove said, “The attorney general conceded in their brief that the case should be remanded to determine whether to strike a five-year enhancement based on recent legislation. The Court of Appeal agreed but it was pointless because my client already served his sentence, including the five-year enhancement.”

Appellate attorneys have been reluctant to speak on the record about alleged delays in their cases before the 3rd District Court of Appeal. But after attorney Jon B. Eisenberg asked the state Supreme Court to issue a writ in the matter this week, one defense attorney said slow decision times harmed her client.

Meanwhile, Eisenberg said Chief Justice Tani G. Cantil-Sakau...