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You have done a complete about-face! :) I agree with your opinion of the motion and have posted up a bit of a storm about why I don't think Judge Strickland will step down. I still don't think he has to and I don't think he should. That said, I put a lot of weight in the opinion of a local...

Thanks! And I agree! Disturbing implications aside, after watching the video posted below, I'm starting to reconsider my opinion that Judge Strickland will deny the motion. If Richard Hornsby thinks Judge Strickland will step down, I bet he's right. From what I've seen, RH has successfully...

I can't find record of an appeal being filed. She filed a motion requesting permission to make a belated appeal on 2-1 2010 and the motion was denied for failure to show she had asked her atty to file a timely appeal. Case # 5D10-330 in the 5th District Court of Appeal...

I agree! The word choice in the motion was rich and seemed bent on insinuating some creepy bond exists between Marinade Dave and Judge Strickland. It's ridiculous and I feel badly for the Marinade Dave. Thank goodness the defense is busying themselves by interviewing him instead of deposing...

bingo.

Also, I don't know if I directly answered your question. Answer: I don't know. I think he'll rule based on his interpretation of the motion's legal sufficiency. He's a judge and apparently a good one-- it's his job to depersonalize things and be fair and just. But it's possible his perception...

Thank you -- I'm glad that made some sense. The funny (and often confusing) thing about legal standards is that they tend to pivot upon the concept of what is "reasonable" and, IMO, thereby transform the subjective into the "objective." So, often there's no clear answer and no real...

These are very excellent points. That's why these motions shouldn't be filed so capriciously. I posted in another thread about how the FL Judicial Ethics Committee is actually contemplating issues like those you've posed and may change the rules for considering such motions in the future.

I know you directed your question to AZLawyer, but I'll sound in too. As AZLawyer stated, Judge Strickland has to look at all the allegations in the motion as facts (JS called him at the hospital, summoned him to the bench, said MD's blog was "the best" etc. etc.) If the motion had alleged that...

Marinade Dave's satirical comment about going to Waffle House with the defense attorneys perfectly demonstrates the problematic basis of the defense's motion. Judges shouldn't be forced to remove themselves based upon a blogger's subjective (or perhaps even farcical) retelling of experiences...

A judge's inability to consider or comment on the truth or falsity of the allegations is something the FL Judicial Ethics Advisory Committee is actually proposing to change. A JEAC panel has been contemplating revisions/alternatives to the existing procedure and may promulgate a suggested rule...

I don't think so? I honestly don't know.

I'm not going to lie-- I hope you're wrong too :D I don't know-- I guess I'm out of the loop with the whole Marinade Dave thing-- that said, I think it'll be a steep slippery slope if judges are forbidden from talking with people who avidly blog, twitter, facebook, etc about high profile issues...

I disagree on two levels. First, I don't feel like most people know who Marinade Dave is, so I think that significantly constrains any "appearance of impropriety." Also, I don't feel like most people even knew that Judge Strickland had interacted with Marinade Dave. I think this whole Marinade...

I don't have direct knowledge or experience w/ FL law, but I would say that no, we are not going to see the results of the pretrial psych evaluations. Using a defendant's compulsory participation in a competency evaluation would violate the 5th amendment protection against self-incrimination...

Upon a motion for reconsideration, the new judge can reconsider and issue new rulings on issues already settled by Judge Strickland. The parties have to file Motions for Reconsideration within 20 days of Judge Strickland removing himself. (I don't think Strickland will remove himself, but that's...

Good points :-) The Florida JEAC recently issued an opinion regarding judges using Facebook. I think the opinion could provide an instructive analogue for the defense's motion which, incidentally, I think will be denied. Here's the JEAC opinion re: Facebook...

Judge Strickland will rule on the motion himself. He will either grant the motion and immediately remove himself, or issue an order denying the motion-- he can't give a rationale or explanation about whether things alleged in the motion are true, false, or otherwise comment on his ruling. He has...

Not RH, but I can answer the first question. The defense does not have to put Casey on the stand to introduce childhood sexual abuse as a mitigating factor at sentencing. The defense can instead call an expert to testify about his/her examination of Casey Anthony-- Casey's allegations would...

Aha. Ok. So, if Banhaida is theoretically in on this plot-- how intricate and extensive was the plot? Like, did Banhaida theoretically encourage her twin to canoodle (or create the pretense of canoodling) with George Anthony, or was that an entirely random and unrelated coincidence? And are...