He is, however, still entitled to a fair one.

Danny Masterson received neither.

And predictably, within one year of the criminal verdict, both J.B. and N.T.

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Danny MastersonGetty Images

moved to amend their pending lawsuit to do just that.

That civil case is set to go to trial in LA Superior Court later this year.

The LA County D.A.s office did not respond to request for comment from Deadline on the appeal.

L.A. County DA Nathan Hochman, (inset) Lyle and Erik Menendez and Gov. Gavin Newsom

IfNathan Hochmans team does have something to say on the Masterson appeal, this post will be updated.