Here is a link to the government’s notice of appeal of the Magistrate’s decision in US v Espinosa. As we reported, here, Magistrate Judge Thomas Rawles Jones, Jr. from the EDVA dismissed a series of federal DUI cases after the accuseds in the cases were previously taken to NJP and provided deficient NJP advice, in Magistrate Jones’ opinion, regarding the election to accept NJP.
Our astute readers will know that the Espinosa case has now been twice dumped by Magistrate Jones, see prior opinion here. Judge Jones apparently gave the government a second chance and set aside his Dec. 2010 decision after the government asked for reconsideration and put at issue the advice provided the accuseds, see government reconsideration motion here. Here is a link to the defense motion to dismiss after reconsideration. It will be interesting to see what the District Judge in the case does with the decision.
Though CAAFlog contributor Brian Mizer is counsel for Espinosa, I got the notice from our fearless leader. So we’d appreciate any inside info others could provide on Judge Jones and who will be assigned the case.