In case you missed it…
“I forgot to mention that at the same time the State petitioned for Supreme Court review, they also asked the Court to depublish the opinion by separate letter (copy attached). Unfortunately, the response to this letter is on a ten-day clock. Any letters in opposition to the depublication request must be delivered to the Supreme Court by November 27th.” – James Buchal
My attorney is Working on preparing our response.
See the States Letter here…
Rule 8.1125. Requesting depublication of published opinions
(1)Any person may request the Supreme Court to order that an opinion certified for publication not be published.
(2)The request must not be made as part of a petition for review, but by a separate letter to the Supreme Court not exceeding 10 pages.
(3)The request must concisely state the person’s interest and the reason why the opinion should not be published.
(4)The request must be delivered to the Supreme Court within 30 days after the decision is final in the Court of Appeal.
(5)The request must be served on the rendering court and all parties.
(1)Within 10 days after the Supreme Court receives a request under (a), the rendering court or any person may submit a response supporting or opposing the request. A response submitted by anyone other than the rendering court must state the person’s interest.
(2)A response must not exceed 10 pages and must be served on the rendering court, all parties, and any person who requested depublication.
(c) Action by Supreme Court
(1)The Supreme Court may order the opinion depublished or deny the request. It must send notice of its action to the rendering court, all parties, and any person who requested depublication.
(2)The Supreme Court may order an opinion depublished on its own motion, notifying the rendering court of its action.
(d) Effect of Supreme Court order to depublish
A Supreme Court order to depublish is not an expression of the court’s opinion of the correctness of the result of the decision or of any law stated in the opin