PHILLIP SPECTOR APPEAL WATCH

Phillip Spector at counsel table with his appellate attorney Dennis Riordan

Many Blogonaut readers have asked some very intelligent questions over the last few weeks following music legend Phillip Spector’s sentencing on May 29, 2009, on second degree murder charges, ranging from where will he be housed within the prison system to what are the chances of his being released on bail pending appeal, to does he go free if he wins the appeal.

A coin dealer was the last to post the question: How could this not have been viewed as an accident and why was Spector not offered a plea bargain through which he would be out of prison by now?

In view of the expressed interest in the Spector appeal from both sides of the courtroom gallery, we will be closely motoring the status of the appeal in People vs. Phillip Spector, California Court of Appeal No. B216425, and relating to you any and all developments here as soon as they happen--including an in depth analysis of the augments on appeal, and full coverage of Spector's highly anticipated motion for bail pending appeal.

As of today, June 25, 2009, the appeal is the infancy of a minimum one and a half to two years (or more) process.

But here is the time line to date:

Trial Court Judgment Date (sentencing): 05/29/2009

Noticed of appeal Notice of appeal lodged/received by Court of Appeal: 06/01/2009

Due date for lodging the record on appeal (Court File/TR-Transcript): 07/20/2009

Once the record on appeal is filed, the California Court of Appeal for the Second Appellate District (in lawyer parlance, the CA/2) will notify Phillip Spector appellate counsel
Dennis P. Riordan that he has 40 days to file Spector’s opening brief on appeal.

It is common, especially in view of the anticipated gargantuan size of the trial court record following a six month retrial with many written motions, orders, and rulings), for that 40 days to be extended at least 30 days, maybe even several times.

Spector’s opening brief on appeal will, however, frame the issues that he is raising on appeal, by listing them and providing both legal and factual support for his reasons that the trial court erred, justice miscarried, and that he should be afforded a new trial.

From what we know about the proceedings in the lower court, we view Spector’s chances on appeal to be excellent—with the wild card being will he be released on bail pending appeal?

Stay tuned here for in-depth coverage and analysis of this appeal as it progresses.
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In the meantime, if you write us at the upper left hand contact link, we will try to incorporate your questions and our answers, based on our best impressions as a California lawyer.
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Please keep in mind that we are not privy to defense or prosecution strategy on appeal, and are not offering legal advice to the parties or their family members--just our journalistic take and comment based on the information available.