Legal Questions for Our VERIFIED Lawyers #1

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butwhatif? said:
I've got some easy-peasy questions for the legal eagles:

1. Will this play-out in the courtroom or will we just see a piece of paper with the words motion approved/denied on it?

2. Can you please speculate as to how soon this might happen? Are we looking at 'first thing Monday morning' soon, or 'later this week' soon.

TIA
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1. I would expect just a ruling, with no argument.

2. I would expect a fast ruling. This week--maybe today.

legalmania said:
Was this a motion or affidavit? I've always just signed motions with a certificate of service, only affidavits need to be notarized right?
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I believe it was a motion with a notarized affidavit attached.

legalmania said:
I have a question did the judge turn down their change of venue?
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He hasn't ruled on that issue yet.

butterfly1978 said:
If JS grants the motion he is basically admitting guilt of acting inappropriate, what would that do to his career? Could future prisoner's claim that they do not want this judge because he was "inappropriate in this case? Could he be denied I guess promotions like Cheif Justice for this, if he agrees and recues himself?
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He would not be admitting anything. He has to grant the motion if it is "legally sufficient," even if the facts are completely made up.

ZsaZsa said:
Is there any way to know if JS has ever had a motion to recuse himself before?
If there is, what was his response...?
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I can't think of any easy way to find that information.
 
nancy botwin said:
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 change this month, to be presented to a committee meeting in June. Here are some articles that discuss how the rule works, its problematic implications for judges facing specious allegations within recusal motions, and the proposed changes:
http://www.floridabar.org/DIVCOM/JN...3b2a08a58a1669d6852576a40046ac05!OpenDocument
http://www.thefreelibrary.com/JAEC+...judge+to+rule+on+recusal+motions.-a0223373185

If these proposed changes do occur, they won't affect how Judge Strickland deals with the instant motion for recusal.
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Now this is interesting. For our lawyers, would trying to "beat the clock" before the rules change be a valid or reasonable reason for attempting to get the judge recused? is there some strategic reason to actually attempt to do this now if they percieve the option will not be there in a few months?
 
AZlawyer said:
It is the best order I've read in a long time.

Runner up: an order by a Maricopa County (AZ) Superior Court judge: "Order Granting Motion to Compel Lunch."
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Thank you AZ, you are so kind.

Can I push it though by asking you to expand on this when you have the time and have been able to process it?
 
What happens to all the motion's that JS previously ruled on, do they stand or does the defense get a do over?
 
butterfly1978 said:
What happens to all the motion's that JS previously ruled on, do they stand or does the defense get a do over?
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The existing rulings stand unless and until the defense files a motion for reconsideration. 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 today's Order.
---
Re JEAC panel's [ame="http://www.websleuths.com/forums/showpost.php?p=5078523&postcount=532"]committee considering[/ame] modification of existing recusal rules:
faefrost said:
Now this is interesting. For our lawyers, would trying to "beat the clock" before the rules change be a valid or reasonable reason for attempting to get the judge recused? is there some strategic reason to actually attempt to do this now if they percieve the option will not be there in a few months?
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No, I don't think there was any motivation to "beat the clock"-- if the rules change, it would be some time before those changes took effect etc. I just posted the info about the JEAC to show posters that a lot of their concerns were being contemplated by sitting judges and the JEAC.
 
Will having a new Judge on board delay the trial even further? How will it work...will he just step right up to bat so to speak?
 
I wonder where the Horndog is?

He called this from the beginning, would love to hear his take on it.
 
Just wondering...
I know most of our lawyers here are not from FL but do any of you know what type Judge Belvin Perry is? Sharp, strict, boring, ect?

I am so hoping that is he not one of Mason's good ole boy buddies. Seemed to me that at the first hearing where Mason came on board he was not happy with the fact that Strickland wouldn't play that way.
 
darnudes said:
Thank you AZ, you are so kind.

Can I push it though by asking you to expand on this when you have the time and have been able to process it?
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I think the Order makes the correct decision (granting recusal) and also deprives the defense of any chance to crow over the decision by making accurate and insightful observations about the defense within the Order.

passionflower said:
Who will take over? Does a judge just get assigned???
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Mamabear1963 said:
Will having a new Judge on board delay the trial even further? How will it work...will he just step right up to bat so to speak?
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I believe Judge Perry (presiding judge) has already been assigned. I don't think the change of judge will delay anything--the trial schedule is already pretty, um, "generous" timewise. :)

FaerieB said:
RE:
PDF: Defendant's Motion for Protective Order with Respect to Penalty Phase Discovery
http://www.cfnews13.com/uploadedFile...0Discovery.pdf

Would it be considered normal to file a request for a protective order for discovery during the penalty phase now?
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I have tried 2 links for that motion and both are broken.:banghead: That said, I don't think it's abnormal to file a motion well ahead of the time that a ruling would be needed.

Kentjbkent said:
So this 20 days of today's order would include ANY and ALL motions they want reconsidered?

Does this apply to defense as well as SA?

Man....if Baez/Cheney decide to go for gold and file for all motions (or at least majority) be reconsidered, that's going to be ONE LONG HEARING....
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I think the reconsideration rule would apply ONLY to the defense and NOT SA, as it was the defense that was alleging bias. I only had a chance to glance at the new motions filed today (or maybe not filed? They are only partially signed...), but a couple of them sure look like motions for reconsideration to me. Why they aren't titled that way is beyond me. :waitasec:
 
AZlawyer said:
I have tried 2 links for that motion and both are broken.:banghead: That said, I don't think it's abnormal to file a motion well ahead of the time that a ruling would be needed.
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Thanks for trying. I was unable to get into the order and was incorrectly assuming :blushing: what it was about. Having been able to read it now, I understand completely what they're asking for. Sorry. :(
 
AZlawyer said:
I think the reconsideration rule would apply ONLY to the defense and NOT SA, as it was the defense that was alleging bias. I only had a chance to glance at the new motions filed today (or maybe not filed? They are only partially signed...), but a couple of them sure look like motions for reconsideration to me. Why they aren't titled that way is beyond me. :waitasec:
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I understand the filings of motions to reconsider - what I want to know is, will Judge Perry have to reconsider the same (exact) motion already filed, or will Mason have an opportunity to amend in an attempt to...er, correct Baez's deficiencies?
 
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