and the property to the left is the appellate's. here is another photograph of subject property around the corner on the other side of sea cliff avenue. >> you heard from the appellate the -- representative, the marseilles with drew the request for vertical addition in 88 on the condition it be recorded. the more seal'smented to ensure the windows look negligent direction of 285 sea cliff would remain clear and unblocked. if there is future plans that would contradict the nsr the project would be subject to dr. dregzary review hearing before planning commission. here is the another arial photograph of the property. you see the windows on the appellate's property. most concerned with. in may of 2022 the owners of 285 foiled a per nit to add 3 roof decks at the front, middle and the roar. the planner determined the new decks did in the comply with the nsr and that dr was required. in response, the applicant resubmitted revised plans in october of 22 showing removal of one of the deck and reduction in size and lowering of the 2 decks o

range, but with the appellant.think the appellants make a strong case that there should be modifications given. also it pains me to see the pain that the both sides as well as the neighbors have had to go through, but i also see that april 8th is a friday, april 10th was a sunday. apparently there was no communication between the neighbors. people living right next door to each other. common property line. i think that the acrimony and the concern and the angst in this case is replicated in other cases that have come before us, but i do think that there should have been greater communication between the parties so the cases don't come to us. there are people all over town saying, board of appeals should get out of this business, and yet, what i see is a, now i see a bureaucracy that is mysterious in its position. i really haven't come to terms as to what occurred, how the department changed its view. so given that, i am not too prepared to uphold the decision to grant the permit holder's request. >> commissioner le

ey go up on appeal and th appellate court in texas says, they were wrong on grndone.but they were right on a paternity of ground, and now you say, the plaintiffs should appeal from when? suld've appealed from the first decision was ornow he should appeal from the second or both? if >> i understand correctly, your honor, so we have a trial court that impose one on constitution cdition. i >> should've appealed than, that's what you're saying? >> well, i assume because the appellate court involved ith appeal that first judge -- >> no, are you saying that him appealing stays the time he has to file the motion? >> no youron he can go immediately to federal,. court on whatever the -- let's assume he does what the state tells him, does a timely appeal. if he came to federal court in the middle of that appeal, would you argue that he doesn't hav a trial claim? >> no, your honor. >> this appellate court has not decided this is >> certainly not, your honor. on the assumption that his claims that thetrial court's decision included some condition that viote due process. let's say

they go on appeal and the appellate court in texas says they werwrg on ground one . but they were right on an alternative ground. and now you say the plaintiff should appeal from when? he should have appeal fm the first decision or now he should appeal from the second or both? >> if i understand correctly you got a trialcourt th imposed one unconstitutional conviction>> they should have appealed and. >> i assume it's because the appellate cour iolvedin the appeal of that first judgment . >> are you saying that him appealing saves the ti he has to file? >> knoyo honor, he can go immediately to federal court on whatever. >> let'ssse he doeswhat the state tells them there's a timely appeal . if he came to federal court in the middle of may would you argue that he doesn't have to filethe claim yet ? >> nyo honor. >> the appellate court hasn't decided this issue. >> certainly not, on the assumptionislaim is that the trial court's decision included some condition that violates dueross. >> that is the same as here so you're saying what should the federal court do? should it

by analogy, appellate review does not proceed into a lower court denies the hearing.traditional drew process claims aplete until that states full procedures deny due process. he fact is, re-hearing can change reasoning and results. well a section 1983 prisoner ne not exhaust, just as little get need not seek we ng, the clock doesn't start taking until the state court procedures have come to an end. second, as prtical matter, tying a -- to the end of state court litigation is simple, predictable, and sensible. trying -- to some earlier stage isot a cool to the trial court's judgment would destroy respect the appellate process, and equire a state almost every case. it would clutter docke wh protective complaints, motions and amended complaints. it raises more questions than nsrs. the fifth circuisa reads claim occurred in 2015, now girds 2060. girths notice rule is an principled and unpredictable. it will burden coats and litigants alike with uncertain analyses comparing various state court opinions. a cruel before denng of -- it treats the state -- asa levant. likewise

there is a three judge appellate panel. and right now donald trump is trying to get them to put a hold on chief judge -- former chief judge beryl howell's ruling -- that evan corcoran has to not only go into the grand jury and testify about and in a very real sense, against, donald trump, but that he would have to turn over all sorts of documentation that he may have that would shed light on this potential fraud by donald trump. and so right now the appellate court has put a very temporary hold on the requirement that evan corcoran give all the documents. i've never seen a schedule like this. the appellate court said that the trump has until midnight tonight to say what documents they are objecting to turning over. and jack smith has until six a.m. tomorrow to respond. this, i am happy to say, is the appellate court moving at light speed to resolve these really weighty issues rather than letting a nefarious litigant weaponized the delay in the court system. >> well, glenn, that is what is happening in the appellate court. i

right now and the appellate court has put a very temporary hold on a recount in the evan court could get over documents. i've never seen a schedule like, this the appellate court said, that the trump team has until midnight tonight, to, say what documents they are objecting who through corcoran turnover. and jacques with, i was in this weekend will brucewell. this, i'm happy to, say is the appellate court moving at light speed to resolve these really weighty issues, rather than letting a nefarious litigant weapon that is the delay in the court system. >> well, and climb, that's what's happening in that appellate, court in the manhattan case da alvin bragg, we're looking at a grand jury. you've presented lots of cases to a lot of grand jury's, is there must much left for them to do tomorrow besides voting on an indictment? >> i don't know if we don't know. we do have michael cohen testify twice, we know the bobcats tells testified. -- as a colossal tactical mistake. he's just donald trump tipping his hand as to what costello could've said to a trial jury. we've now preview that for th

um we appealed it up to the appellate level. the appellate court made an initial decision to allow this past november election to proceed as it has for the last previous four elections. we're going to be in front of that court soon. stay tuned. we'll see what happens. it was good to hear that the city was able to reach a settlement with the center for medicare and medicaid services are meant laguna honda could still operate. how did you manage to reach that agreement? it was not an easy conversation . just a little bit of background. so laguna honda has been an incredibly important institution in san francisco for 150 years, taking care of our most vulnerable patients are frail, very elderly patients, many of whom are at end of life. and a few years ago, there were some issues in that hospital. some violations of rules that we very much want to make sure don't get violated. there were folks that weren't using proper ppe, who are bringing cigarette lighters into the facility, who might have brought some contraband into the facili

attorney's, defending him, and he's defended himself not just in federal district court, but at the appellate level and all the way up to the supreme court of the united states. more than once, the department of homeland security couldn't silence him. and when they tried, he sued, and when they were forced to take him back, they put him in dead end jobs. and he sued again. and when they failed to offer a plan to secure pilot doors on american aircraft to prevent another hijacking and another terrorist attack, he invented one himself. he was even given a patent for it by the us patent and trademark office. so where is bob now after fighting homeland security for more than half of his career? he's in court again, and he's not giving up bob mclean. welcome to the shell. good beer, john. bob, you and i have known each other for more than a decade. i met you through one of washington's whistleblower groups while i was going through my own travails after blowing the whistle on the cia torture program . i still remember our 1st meeting. i was depressed and distraught and you were up beat and ready f

and that's what the appellate court here is.reeing with with that family that they deserve that process. and so that's why now it's essentially a redo of that hearing is what the appellate court is calling for, and i want you to hear from the family's attorney of the victim. and of course, they're celebrating this. take a listen. he was on cnn this morning. represents a step towards transparency and the rule of law. you know that you can't have a trial by podcast or trial by publicity. this is a conviction that's 21 years old. that's been affirmed by every single court at every single level, and miss mosby was able to use a law because she didn't like the conviction. to essentially reverse it, and that's not how things are done. of course, the attorneys for side they are saying that this ensuring justice for haman lee does not require injustice. for adnan. the appeal was not about annan's innocence, but about notice and muteness. and of course, that's the argument that we can expect to hear as they take this to the state supreme

an appellate court in maryland today reinstated syed's conviction for the murder of his ex-girlfriendwas freed last year after a judge ruled that prosecutors failed to properly share evidence during his trial. but the appellate court reversed that ruling today, saying the victim's family wasn't given enough notice to attend the hearing. it's unclear whether syed will have to return to prison until there's a new hearing in the case. >>> there's another big auto recall in the u.s. involving more than 300,000 cars. what you need to know next. , ne. >>> now this consumer alert. honda is recalling more than 330,000 vehicles because the side view mirrors could fall out and increase the risk of a crash. impacted vehicles include recent model years of the honda odyssey minivan passport and pilot suvs and ridgeline pickups. honda says it will replace those mirrors free of charge. >>> the widow of ivil when you humble yourself under the mighty hand of god, in due time he will exalt you. hi, i'm joel osteen. i'm excited about being with you every week. i hope you'll tune in. you'll be inspired,

in opec, neuro peons die an average of 2 years earlier because the appellation of postmodern, it seems to me it would be a simple step to hope we're burning. and i and reduce particulate matter pollution on stomach, find, stop balancing just how much pollution to wood evans cause to answer that we visited the cause rural institute of technology. akeem did law is researching fine particulate matter pollution and busy urban streets by comparing them with rural residential areas. littler installed sensors here in the village of students a beauty. the results are surprising. the rural air sometimes has more fine particulate pollution than can be detected at the neck latoya. in downtown stuttgart, germany is most polluted street. in causeway, of course, phone calls the air and calls her as well as the new students in boucher development is actually good until the evening more we talk so the next tour shows twice as much pollution at mid day the novel. but the situation changes when the would ovens i live in the evening and follow up with the air is then more polluted with particulates that

according to you climate pact, ambassador on your barons look 1st, what song is the appellation is the largest environmental risk factor for premature death towards failure in our or partially europe. ian's di, an average of 2 years earlier, because of appellation of cost, more than it seems to me, it would be a simple step to hope we're burning and i and reduce particulate matter pollution on stomach fine, stop the last m sessing just how much pollution to would evans cause to answer that we visited the cause rural institute of technology. akeem did law is researching fine particulate matter pollution on busy urban street by comparing them with the rural residential areas. littler and start sensors here in the village of students, a beauty. the results are surprising. the rural air sometimes has more fine particular pollution than can be detected at the next talk. in downtown stuttgart, germany is most polluted street. in causeway, of course, on called the air and causal as well as in the new students, a bush's development is actually good until the evening moved in. we ducked the nat

an appellate court in maryland reinstated syed's conviction for the murder of his ex-girlfriend backt year after a judge ruled the prosecutors failed to properly share evidence during his trial, but the appellate court reversed that ruling today, saying the victim's family wasn't given enough notice to attend the hearing. it's unclear whether syed will have to return to prison until there's a new hearing in the case. there's another big auto recall in the u.s. involving more than 300,000 cars. what you need to know, next. y! . you need a hug. (pats back) oh, there you go! you also need consumer cellular. you'll talk to a real person every time. - as nice as you? - much nicer! well... almost! (laughs) - get the exact same coverage as the nation's leading carriers and 100% us based customer support. starting at $20. consumer cellular. when you really need to sleep. you reach for the really good stuff. zzzquil ultra helps you sleep better and longer when you need it most. its non-habit forming and powered by the makers of nyquil. every march, jersey mike's turns money from subs into cha

that would be a great appellate issue. the appellate issue at play from every homicide prosecutor including myself is the introduction of the character evidence that they call it for 404 b evidence. that evidence -- that rule is a rule of exclusion, which means you just can't go to trial and beat somebody up that they're a bad person or no good. therefore, they must be guilty of this crime. however, there are exceptions to that rule. for example, if the evidence goes towards motive, the government argued all the previous financial crimes should be admitted as the motive to why it is he killed his son and his wife. now, that's really on the line. the judge allowed it in. what most of us fund problematic -- this is whether or not you like murdaugh or not. we're talking about law here. courts are very, very reluctant, appellate courts, to allow beating someone up on character. when this evidence was being introduced, i took note of the fact that the prosecutors did exactly what the rules say you shouldn't do. they basically s

according to you, climate packed ambassador tanya, barons. latasha, what song is, the appellation is the largest environmental risk factor for premature death towards failure. in opec, neuro peons die an average of 2 years earlier because the appellation of postmodern, it seems to me it will be a simple step to hold wood burning. and i and reduce particulate matter pollution on stomach you find stopped the last imposing just how much pollution to would ovens cause to answer that we visited the cause rural institute of technology. akeem did law is researching fine particulate matter pollution on busy urban streets by comparing them with rural residential areas. littler installed sensors here in the village of students a beauty. the results are surprising. the rural air sometimes has more fine particulate pollution than can be detected at the neck latoya. in downtown stuttgart, germany is most polluted street. in causeway, of course phone calls the air and calls room as well as the new students in boucher development is actually good until the evening more we talk so the next tour show

>> well, this is -- really their biggest appellate issue they have. a lot of things were objectionable but the court of appeals would not turn the case this. is one they could have an argument about and the court of appeals will hear, and you know, it was a judgment called by judge newman. if you buy that financial crimes can actually make you go and kill your wife and child, the pressure from all that, just to have, you know, a few weeks reprieve can make you kill your wife and child you should have let it in. but frankly, i don't buy that could be the motive. >> john: given the chance to make a statement as we saw at the top of this, mercedes, murdaugh claimed innocence to the end. >> i tell you again, i respect this court but i'm innocent. i would never under any circumstances all right my wife maggie and i would never under any circumstances hurt my son paw paw. >> john: the judge took that into consideration and fired back with this. >> it might not have been you. it might have been the monster you become when you take 15, 20, 30, 40, 50, 60 opio

the put it to be late for him is the appellate authority enterprise. the lo be gone. these have not gone to the appellate authority, but to question why a 2nd quantum of punishment was given. the says, this is a contempt, i don't think good and your 1st or qualified to really do that. so well, what do you make of, of both the verdict and the sentence? there are, what does it say about the judiciary and india? i don't want to comment on the judicial in india, but i will make my own remarks on what is perhaps the worst political been debt of any kind. and i want to put some facts on the table the room to you or my wanted equally from the b j b. but the board needs to know what has happened. mr. gone, been april 2019 bixler statement in canada, which is when his judgment has been delivered by the way in the state of connecticut, in actual speech, there is a god in fuller who do not that starts trying this case. magistrate w, on this case, the complainant, bernice moore. the is not named by them. gun the they are 3 individual, mr. danley names. let's more the lead on mond

think about the jury, think about the electorate and what is going to happen in the appellant court and at a simple no-harm case and find a reason to get rid of it. if you go in on an election case or january 6th case or those things the special counsel is looking at, that's the case you can stand up and support, and you can stand up and beat your chest about the harm that was done, and not something like this where you started out with a misdemeanor and that's what i worry about. it's not wrong what he did, and it doesn't make the conduct any less bad, it's just which case is the strongest to support. if you are going to take a shot at the king you better not miss, and that's what i feel like here, you know, take your shot it may need to be one master shot, and the special counsel may be the one to do it given the mandate he has and the powers he has over all of these investigations nationwide. >> thank you all so very much for being with us this morning >>> up next, another challenge for those seeking asylum how technology is blocking some migrants from entering the united states to r

an appellate court in maryland today reinstated syed's conviction for the murder of his ex-girlfriendfter a judge ruled that prosecutors failed to properly share evidence during his trial, but the appellate court reversed that ruling today, saying the victim's family wasn't given enough notice to attend the hearing. it's unclear whether syed will have to return to prison until there's a new hearing in the case. there is another big auto recall in the u.s., involving more than 300,000 cars. what you need to know next. ial . i work out whenever i can. but with my moderate- to-severe eczema, it can be tough. my skin was so uncomfortable. the itching was so bad. now, i'm staying ahead of my eczema. there's a power inside all of us to live our passion. and dupixent works on the inside to help heal your skin from within. it helps block a key source of inflammation inside the body that can cause eczema. so adults can have long-lasting clearer skin and fast itch relief. serious allergic reactions can occur that can be severe. tell your doctor about new or worsening eye problems such as eye pa

i have had a hearing in my crt subcommittee on this supreme court' recent for appellate fact-finding.ome ofhe prominent cases have been shelby count were they made the findings nody had anything to worry about from the freed legislature conditions have changed. then of course immediately a case came out federal judges said this is targeted to surgical precision and minority voters. completely discrediting the spontaneous fact-finding by the court. citizensnited was another one. they said don't worry about it, all the unlimited spending we are going to unleash is going to be independent of candidates and it's going to be transparent a coupleillion dollars of dark money, nontranarent funding later we know perfectly well the fact-finding was false. so, this sms toe an ineasing trend. i ticed in the bruen case there wa a lot of fact-finding done inhe context of defining what the true history and tradition were. a lot of historians look at that and sa that his junk history, that is n real. it had not come up through any kind of adversarial process. it was not tested on the different layers

but, especially in light of the appellate issues that joey was referencing, one reason to go forwardance that his conviction for the murders were overturned on appeal. >> mark kamara, do you think there's grounds for appeal? >> there's going to be a lot of grounds to try and get an appeal. however, the way the appellate court looks at this is, was it so prejudicial that it caused an unfair trial? they always do what's called harmless error standard. which is, was there so much compelling evidence that even if there was a mistake at trial, even if there was a prejudice as joey said to the defense, is it harmless because there was so much other compelling evidence? and with a three-hour verdict, with five weeks' worth of testimony, with everything that we have now seen and looking through the prism of a guilty verdict, i think most -- i think the appellate court's going to say, there was some mistakes here, but it was harmless, and we're going to allow the conviction to stand. >> jury consultant jill huntley taylor, what are you most interested in hearing from the members of the jury?

for them is not this, the debate be late for them is the appellate authority and to price at the low begun. these are not going to the appellate authority, but to question why a 2nd quantum of punishment was given. the says, this is a content i don't think good and your 1st or qualified to really do that. so well, what do you make of, of both the verdict and the sentence there of what does it say about the judiciary and india? i don't want to comment on the judicial in germany, i will make my own remarks on what is perhaps the worst political been debt of any kind. and i want to put some facts on the table. the do you or my one of the connie from the b j b, but the board needs to know what has happened, mr. don bean april 2019 big statement in canada, which is when his judgment has been delivered by the way in the state of connecticut in an actual speech that is gone in fuller. would you not that starts trying this gaze? magistrate davi is on this case. the complainant, bernice moore, the is not named by rahman gun. the they are 3 individual, mr. donnie names like more the need of mo

well that brothers should have been notified sooner so that he could get to the hearing with the appellateourt has said, is that they need to do the hearing again. um, the judge will be the same. the facts are the same. presumably the judge will reach the same results. but the victim's brother can now be there. so likely. it's just a redo with the same result. okay, so not another trial, just the very same hearing with the same judge who decided to vacate the guilty conviction. that's right and side could appeal. i mean, he could appeal this rule. owing to the higher court, saying we don't need to redo it. and then the highest court in maryland could consider that issue. dan i turned to you talk about mindfulness and how you live with 20 years of your life lost convicted of something that now they've decided you were not guilty of when i've interviewed people who were wrongly convicted and spent decades in prison. the refrain i often hear from these folks is if you get into anger mode i'll never get out and so you really have to be incredibly diligent and vigilant about your mind. states a

the judges in the appellate court, essentially saying that hearing late last year where syed's conviction was overturned. that hearing needs to be redone, essentially siding with the victim's family. in this case, heyman lee, who was the ex girlfriend of side essentially, they said that her brother didn't have the adequate amount of time to prepare for that hearing was only notified about it just a few days before it happened, and because he lived in california didn't have time to actually traveled to maryland, and that's attend that hearing in person, which violated his right, so that's why the appellate judges says that hearing needs to be overturned. now they went into detail about how this doesn't mean it's double jeopardy, essentially saying he's not being prosecuted twice for this case. instead the same conclusions could come at the end of that hearing. when it happens, his conviction could be reinstated or again could be overturned. certainly a gamble for side who we have reached out to you, but haven't heard heard back yet. of course, the family of the victim here celebrating this

and that one of the appellate judges asked the prosecutor, have you found any other case in this country where parents face these charges in regard to the actions of their children? and the answer was no , your honor? we have not. but this court believes that there is enough reckless conduct and foreseeability. that's the issue text messages back and forth. i remember this now. yes ethan had mental problems, and he texted his mother that he was the walls. were falling in things were happening around the house. and then they bought him a gun. now the defense is saying, we never thought he would take the gun to school and shoots students. but it is a question of fact. now for a jury leading up to this trial, and it is precedent setting because now if you span across the country, parents could begin to be charged with more serious crimes . they've been charged with neglect and negligence, but they now have potentiality of being charged with more serious crimes when their child does something with a gun that they had knowledge of interesting. all right. this is a big deal. thank you, jean so

essentially the appellate court is saying there needs to be a redo of that hearing, siding with the familyof haman lee, who who basically said they didn't even get time to prepare for that hearing last year, they only got a few days notice they didn't even get to actually travel. or her brother from california here to baltimore to attend in person for that hearing the appellate courts they agreed with him, and they said that he deserves that right. so essentially, what they pull core is saying is that this hearing needs to be redone and give the both sides about 60 days to kind of set a date to figure out how they're going to move forward with that, and if you're wondering, how is that not double jeopardy for adnan syed? well essentially, the pole court is saying it's not infringing on his rights or violating double jeopardy, essentially saying, because he's not being reprocessed. q tid in this case, he could go back to this hearing and again get his conviction vacated. or he might be put back behind bars, depending how the judges rule yes, not new. they're just reinstating the former the

could you talk a bit about the dangers of appellate fact-finding in terms of how it permits ambitious and activist courts to run a bit wild if they are not constrained any longer to facts as found through the traditional history and tradition of fact-finding in and lower courts in the adversarial process. >> thank you senator. bruin has transformed that the -- the way that litigation works from before bruin was decided in a more conventional approach apply. when the things we are seeing is historians are getting detained by the partisan attack courts themselves are asking with against whether or not they should retain their own independent historians to help them parse the historical facts. and when of the challenges that comes up as you mentioned is what happens on appeal especially if a court on appeal is doing historical fact-finding that subsequently is determined to be erroneous. eoa lower court then found by tt erroneous historical determination than ordinarily there would be an appeal and challenge. >> i think it needs to transform a good deal because if you have an appellate d

um we appealed it up to the appellate level. the appellate court made an initial decision to allow this past november election to proceed as it has for the last previous four elections. we're going to be in front of that court soon. stay tuned. we'll see what happens. it was good to hear that the city was able to reach a settlement with the center for medicare and medicaid services are meant laguna honda could still operate. how did you manage to reach that agreement? it was not an easy conversation . just a little bit of background. so laguna honda has been an incredibly important institution in san francisco for 150 years, taking care of our most vulnerable patients are frail, very elderly patients, many of whom are at end of life. and a few years ago, there were some issues in that hospital. some violations of rules that we very much want to make sure don't get violated. there were folks that weren't using proper ppe, who are bringing cigarette lighters into the facility, who might have brought some contraband into the facili

a lot of these things get reviewed by appellate judges. to make sure that their detention is proper and, you know, the majority of the people who are being held are on video, captured in multiple angles, assaulting members of law enforcement. you can see it, pretty much like you know in the nfl, you can swipe around and see any angle you want? that's what you can do in a lot of these individual crimes and their brutal crimes on law enforcement officers that are captured on tape. and of course, we should respect the idea that people aren't in -- we should also look at the evidence and look at what judges have seen. i should say also that, you know, nine out of 20 of them are convicted, right? aside from the fact they've already been convicted, let's focus on the 11 then, right? most -- on videotape, multiple angles, assaulting law enforcement. >> so tara, ryan graves is the baseline point here. there's nothing to see. there is no, you know, wild activity involved here that's out of the norm of processing these individuals who are on tape co