What gives you that confidence? The Judge on the case never even issued an "Order" granting the 2nd Extension Request (which usually means it's not granted, not that it is).
Commonwealth's unopposed motion for 7 days enlargement of time
- Thread starter francofan
- Start date
What gives you that confidence? The Judge on the case never even issued an "Order" granting the 2nd Extension Request (which usually means it's not granted, not that it is).
It was due the 18th. If the motion was granted, it was due the 21st. Either way, those dates have passed.
No "Order" was posted from the Judge granting the motion for the 2nd extension (I fully aware it was due last Friday, 8/18). In essence, the OAG submitted a motion, the Judge never issued an "Order" granting the motion and now both dates have passed regarding the response (i.e., the original due date 8/18 and the requested extension date that was never actually granted by "Order" of the Judge).
I suspect that we will see the Commonwealth's response to the 31 issues posted to the Centre County web pages tomorrow. I am guessing that Judge Foradora approved the 1 day extension. I don't imagine that Jennifer Peterson has missed the court ordered deadline for her filing. Probably the Centre County prothonotary is a little backed up right now and will post the response either tomorrow or worst case by the end if the week.
It really is ironic that one of the issues with the JS trial was that he didn't have enough time to prepare, and was not granted an extension. The commonwealth should have been held to the same standard.
I agree that there is a double standard.
I am told that the Commonwealth made their filing yesterday, a day late, and that it will be posted on the Centre County web pages soon. I was also told that there will no consequences for the late filing, but that if it had happened for the defense that there would be consequences.
Judge Foradora approved the one day enlargement and his order was posted on the Centre County web pages.
http://co.centre.pa.us/centreco/media/upload/SANDUSKY ORDER DATED 8 17 2017.pdf
As you posted below, apparently the Judge approved the motion via "Order" on 8/17, but it just wasn't posted on the Judicial Website until now (actually yesterday 8/22), but even with the extension, The State apparently still managed to violate the extended due date, but there will be no consequences from the bench - go figure!
Another PA example of ...............glitchy computers. It is either a Window Vista issue or more likely.........mischief.
francofan, LundyPSU just posted the OAG's response - it is, in fact, time stamped yesterday at 4:48 pm (essentially 2 full days late, the extension requested and granted was 1 business day, which was 3 days including the weekend, from original due date, Friday, Aug 18 @ 5:00pm. IOW, the response was due Monday, Aug 21 @ 5:00 pm and was turned in Wed Aug 23 @ 5pm). The double-standard that has been applied to this case from the PA Judiciary is rather troubling (as reflected in the Commonwealth looking into the PA Grand Jury Law due to the rampant and troubling abuses of the Law in recent cases including this case! How on earth this Grand Jury Review is not germaine to this PCRA is rather puzzling as well).
BTW, here is a link to a recent article in the "Legal Intellegencer" regarding the State's announced "Grand Jury Review" - following headline linked to article:
Perhaps the bench in this case (one of the cases with severe abuses of the Law that sparked the "Review) should read these excerpts:
In addition to the abuses mentioned, Corrupt Corbutt abused the "Statewide Investigating Grand Jury Law" in regards to "Jurisdiction" - PA Child Protective Services Law, the Law the DPW-Initiated Investigation was initiated under, VERY CLEARLY states that the "Jurisdiction" on the case, regardless of the AG's involvement, should have been the Clinton County Court of Common Pleas as the Clinton County CYS Office was the DPW CYS Office that filed the SEMINAL V1, Aaron Fisher, CSA Complaint and subsequent "Indicated Report of CSA" which was properly forwarded to Clinton County Prosecutors and Law Enforcement for Prosecution - NOT the "Dauphin County Court of Common Pleas. The applicable law, CPSL, without question and CLEARLY defines "Jurisdiction" for such initiated cases and the "Jurisdiction" for V1's Case, regardless of whether Corrupt Corbutt wanted to request a completely unneeded SWIGJ, or not - unneeded as he already had the powers as AG with all Charities and NPOs under his unlimited auspice, was the Clinoton County Court of Common Pleas, not the Dauphin County Court of Common Pleas! (Corbutt was the first PA Gov not to be elected to a 2nd term in nearly 50 years, recorded all-time record lows in popularity by a standing Gov prior to the election and was defeated by a first-time, rookie political candidate in Wolf....all of it driven by PSU-related Voters who were irrate over his obvious corruption, lack of ethics, immorality and irresponsible, grotesque plundering of PSU in his never-ending campaign to "Protect" his criminal political friends!).
Corrupt Corbutt, while still abusing his AG Powers and Authorities, then further abused his AG powers by "bait and switching" the V1 Investigation and SWIGJ to become the "Penn State SWIGJ" again trying the case under improper JURISDICTION as the DPW-Filed V1 Case that DPW forwarded to Corrupt AG Corbutt on March 3, 2009 is supposed to be heard in CLINTON COUNTY COURT OF COMMON PLEAS according to the PA Law it was INITIATED UNDER as the "proper Jurisdiction", not the "Dauphin County Court of Common Pleas" that has played so many games and machinations with assigning of Judges, ignoring PA Superior Court Orders, etc..... - go figure!
Corrupt Corbutt, while still abusing his AG Powers and Authorities, then further abused his AG powers by "bait and switching" the V1 Investigation and SWIGJ to become the "Penn State SWIGJ" again trying the case under improper JURISDICTION as the DPW-Filed V1 Case that DPW forwarded to Corrupt AG Corbutt on March 3, 2009 is supposed to be heard in CLINTON COUNTY COURT OF COMMON PLEAS according to the PA Law it was INITIATED UNDER as the "proper Jurisdiction", not the "Dauphin County Court of Common Pleas" that has played so many games and machinations with assigning of Judges, ignoring PA Superior Court Orders, etc..... - go figure!
Worked for me (and still is working for me, I just tried it) - it is not the link, perhaps your computer's connection to the internet had a problem when you tried it.
Frankofan,
Please remind me what the probable schedule is for the judge's response to the Spanier appeal. I thought it was at the end of this month
Please remind me what the probable schedule is for the judge's response to the Spanier appeal. I thought it was at the end of this month
Judge Foradora said that he planned to make a ruling within 60 days of receiving the Commonwealth's proposed findings of facts and conslusion of law. The Commonwealth submitted their brief on August 23, so I would expect that Judge Foradora will make his ruling around October 23 if everything continues on schedule.
Thanks!
Seems the PCRA and Spanier rulings will be at the same time roughly. Interesting.....
