2010.12.21 Stream of Motions - General Discussion

  • #1,181
I love how they're questioning the testimony of that Casey has a history of lying and stealing. Uh hello, she was CONVICTED FOR THEFT. How you going to get past that, Baez? Have you looked at your client lately? No history of lying? Yeah, that's not going to go well. I mean, even Judge Strickland is on record saying "Miss Anthony and the Truth are strangers". This is so a denied motion.

Plus three little words uttered by ICA. Ok, I lied. ;)
 
  • #1,182
  • #1,183
Oh my! JB did intern with some real lawyers right? I mean didn't he work for the public defenders office or somesuch before he was admitted to the bar? Does anyone know if he ever participated in any cases that actually went all the way to trial? Did no one teach him that you don't throw this much waste matter at the judge and opposition if you hope to have anything even vaguely resembling a happy outcome for your client?

I mean really? In the case of this Motion to Show Cause. A real professional lawyer would suck it up to the benefit of his client. "I'm sorry your honor. I misread the document and missed that you had required a summary of all including what had previously been filed. As soon as I was made aware of this error I contacted the court seeking clarification and advisement. I have since submitted to opposing council the required materials and hopefully we should all be square. My deepest apologies to the court and my opposing council on this one. I dropped the ball and misread the sentence in the order. I would request that my client not be impacted by this."

Politely and meekly take the bullet. Accept the tongue lashing. Promise not to do it again and move on. That's really all JA wants. He is simply rattling the defenses cage with this seeking to push the issue that deadlines can no longer be ignored and he expects a certain minimal degree of professional conduct from the defense. Sadly JB's filing proves that he still does not get it. And guess what JB. Yeah the op council can harass you for your blatant screw ups and mistakes. The trick is don't make any.

bbm
YES. The Nilton Diaz case in 2008 (it was his, iirc, first murder case then Casey came along)

Diaz was convicted of Murdering his girlfriends 2 year old daughter.
Baez was his Defense Lawyer...he did an "trial by ambush" move...it failed...
 
  • #1,184
  • #1,185
OMG, I read it and then had to get up, walk around for 10 minutes and read again. I truly believe that Cheney Mason (or someone who is a real lawyer) helped with the first portion of the motion. They probably returned it to JB and he just ranted & raved his way through the rest as he probably knows that JP would cut him off as soon as he started his whining. And may I ask why he is ranting and whining through this motion and blaming everything on Ashton as it is the judge's order that he did not comply with. He came very close to stating that he thinks the judge is not being impartial. I hope he gets slapped silly tomorrow. I still think that is why he asked in his e-mail to the judicial assistant that he wanted this discussed "in chambers". I still cannot believe what I read. If this is any indication of what we will see at trial, you almost have to feel sorry for Ms. Casey. (I said almost). I'm sure when Mr. Ashton read that he probably put a fist through a wall. Really!!!:twocents:

BBM - No! Stop! Stay calm! I'm pulling you back in... :okay: ....

Are you okay? Yes? Whoo... that was close. Don't worry, it happens to the best of us.

All kidding aside... Casey could fire JB any time. She chooses to keep him as her attorney. She gets what she paid (200,000.00) for!
 
  • #1,186
OMG, I read it and then had to get up, walk around for 10 minutes and read again. I truly believe that Cheney Mason (or someone who is a real lawyer) helped with the first portion of the motion. They probably returned it to JB and he just ranted & raved his way through the rest as he probably knows that JP would cut him off as soon as he started his whining. And may I ask why he is ranting and whining through this motion and blaming everything on Ashton as it is the judge's order that he did not comply with. He came very close to stating that he thinks the judge is not being impartial. I hope he gets slapped silly tomorrow. I still think that is why he asked in his e-mail to the judicial assistant that he wanted this discussed "in chambers". I still cannot believe what I read. If this is any indication of what we will see at trial, you almost have to feel sorry for Ms. Casey. (I said almost). I'm sure when Mr. Ashton read that he probably put a fist through a wall. Really!!!:twocents:

Because, contrary to what Hornsby says, Baez is just not that bright.
 
  • #1,187
Direct quote:

" There is no other way to describe this attitude in a capital case other than Mr Ashton does not want to do the work required."

OH.
EM.
GEE.


<thud>

:floorlaugh:Look :floorlaugh: who's :floorlaugh: talking :floorlaugh:
 
  • #1,188
bbm
YES. The Nilton Diaz case in 2008 (it was his, iirc, first murder case then Casey came along)

Diaz was convicted of Murdering his girlfriends 2 year old daughter.
Baez was his Defense Lawyer...he did an "trial by ambush" move...it failed...

Go to this link http://www.lakecountyclerk.org/record_searches/online_court_records/online_court_records.asp?target=_blank

type in Nilton Diaz's name and you can see a copy of the docket for that case including the motions filed.




Snip from that link...

8/2/2007 182 DEFT PRES FOR PTC & MOTION HEARING-REPRES BY ATTY BAEZ-COURT GRANTS CONTINUANCE OF TRIAL SET FOR AUGUST 6, 2007, COURT INSTRUCTS DEFENSE THAT HE MUST BE AT ALL PNC'S NO MATTER WHAT HIS SCHEDULE IS, COURT HEARS MOTION: 1) DEFT'S MOTION TO COMPEL-STATE TO RESPOND TO DEFENSE BY 8-3-07; 2) STATE'S MOTION IN LIMINE-GRANTED SUBJECT TO DEFENSE HAVING 10 DAYS TO RE-HEAR MOTION; 3) STATE'S 2ND MOTION IN LIMINE-DENIED UNTIL COURT HEARS TESTIMONY REGARDING THIS ISSUE AND 4) STATE'S WILLIAMS RULE-COURT WILL PROFFER BEFORE MAKING RULING


10/1/2007 256 DEFT NOT PRESENT FOR MOTION HEARING-REPRES BY ATTY BAEZ WHO WAS PRESENT VIA TELEPHONE FOR DEFT'S MOTION TO COMPEL-STATE OBJECTS-COURT INSTRUCTS DEFENSE TO PROVIDE COURT A LETTER FROM THE BOARD OF PATHOLOGY THAT THEY NEED AN ORDER TO RELEASE RECORDS OR RE-SET HEARING SO THEY CAN BE HEARD ON THIS ISSUE
 
  • #1,189
L0L. Almost had to slap myself. What was I thinking. Casey is getting exactly what she deserves. I re-read it again (had to make sure I wasn't dreaming this) but something jumped out at me. At the beginning of the motion JB mentions that this motion was brought up "without defendant's consent and was nonetheless complied with". Excuse me, but wasn't JB the one that was alway's bringing up motions at the status hearings, when Casey wasn't there. Does anyone think that he maybe trying for a "mistrial". Sure sounded to me that he is really trying to say that the judge is not doing his job properly, although personally, I love JP. It came off to me that he was almost threatening the judge. I wonder if Mr. Mason will send another letter out, saying JB's inexperienced, blah, blah, blah or will JB man up and take this one on himself. Now I have to go check the weather channel to make sure no storms tomorrow up here and warn the husband he has to leave the house until court is over tomorrow. :rocker:
 
  • #1,190
  • #1,191
Because, contrary to what Hornsby says, Baez is just not that bright.

LOL, I don't believe I've ever heard Hornsby call Baez bright. I have however heard Hornsby call Baez lazy - and I couldn't disagree with that. :)
 
  • #1,192
Go to this link http://www.lakecountyclerk.org/record_searches/online_court_records/online_court_records.asp?target=_blank

type in Nilton Diaz's name and you can see a copy of the docket for that case including the motions filed.




Snip from that link...

8/2/2007 182 DEFT PRES FOR PTC & MOTION HEARING-REPRES BY ATTY BAEZ-COURT GRANTS CONTINUANCE OF TRIAL SET FOR AUGUST 6, 2007, COURT INSTRUCTS DEFENSE THAT HE MUST BE AT ALL PNC'S NO MATTER WHAT HIS SCHEDULE IS, COURT HEARS MOTION: 1) DEFT'S MOTION TO COMPEL-STATE TO RESPOND TO DEFENSE BY 8-3-07; 2) STATE'S MOTION IN LIMINE-GRANTED SUBJECT TO DEFENSE HAVING 10 DAYS TO RE-HEAR MOTION; 3) STATE'S 2ND MOTION IN LIMINE-DENIED UNTIL COURT HEARS TESTIMONY REGARDING THIS ISSUE AND 4) STATE'S WILLIAMS RULE-COURT WILL PROFFER BEFORE MAKING RULING

Hmmm. Now I am curious as to why the Judge inserted that little gem...No Matter What His Schedule is....hmmm

I see that Nilton Diaz was also declared Indigent for Costs in January of 2008..almost 2 years after being hired by Diaz.
Baez filed a Notice of Appearance as Diaz's attorney in 2/22/2006 NOTICE OF APPEARANCE FOR CO-COUNSEL BY ATTY JOSE A. BAEZ
 
  • #1,193
Oh my! JB did intern with some real lawyers right? I mean didn't he work for the public defenders office or somesuch before he was admitted to the bar? Does anyone know if he ever participated in any cases that actually went all the way to trial? Did no one teach him that you don't throw this much waste matter at the judge and opposition if you hope to have anything even vaguely resembling a happy outcome for your client?

I mean really? In the case of this Motion to Show Cause. A real professional lawyer would suck it up to the benefit of his client. "I'm sorry your honor. I misread the document and missed that you had required a summary of all including what had previously been filed. As soon as I was made aware of this error I contacted the court seeking clarification and advisement. I have since submitted to opposing council the required materials and hopefully we should all be square. My deepest apologies to the court and my opposing council on this one. I dropped the ball and misread the sentence in the order. I would request that my client not be impacted by this."

Politely and meekly take the bullet. Accept the tongue lashing. Promise not to do it again and move on. That's really all JA wants. He is simply rattling the defenses cage with this seeking to push the issue that deadlines can no longer be ignored and he expects a certain minimal degree of professional conduct from the defense. Sadly JB's filing proves that he still does not get it. And guess what JB. Yeah the op council can harass you for your blatant screw ups and mistakes. The trick is don't make any.


Like his client he is too arrogant for that. I do wonder if CM will be too embarrassed to show up.
 
  • #1,194
OMG, I read it and then had to get up, walk around for 10 minutes and read again. I truly believe that Cheney Mason (or someone who is a real lawyer) helped with the first portion of the motion. They probably returned it to JB and he just ranted & raved his way through the rest as he probably knows that JP would cut him off as soon as he started his whining. And may I ask why he is ranting and whining through this motion and blaming everything on Ashton as it is the judge's order that he did not comply with. He came very close to stating that he thinks the judge is not being impartial. I hope he gets slapped silly tomorrow. I still think that is why he asked in his e-mail to the judicial assistant that he wanted this discussed "in chambers". I still cannot believe what I read. If this is any indication of what we will see at trial, you almost have to feel sorry for Ms. Casey. (I said almost). I'm sure when Mr. Ashton read that he probably put a fist through a wall. Really!!!:twocents:

During the last hearing I noticed that JA seems to get along fine with CM but JB and his pretend lawyer self has always irked JA and LDB.
 
  • #1,195
Like his client he is too arrogant for that. I do wonder if CM will be too embarrassed to show up.

CM, embarrassed..no way,:D IMO..he'll be there in full Arrogance mode and spew more veiled threats to Judge Perry about taking some issue to federal court..

:twocents:
 
  • #1,196
I'm going to repost my thoughts on this here from another thread. I swear I'm getting an ulcer from JB's motions.
Well......I just don't even have the strength to deal with this latest motion by JB...I .. in all of my 30 years of working in the legal field...have never, and I mean never, seen anything quite like this. I see stuff daily as I work as an assistant to a Federal Judge. I see attorneys that must have obtained their law licenses from a Cracker Jack box. I have seen lawyers brought up on complaints and disbarred. I have seen some things in my time...BUT I HAVE NEVER, NEVER SEEN ANYTHING QUITE LIKE THIS.
 
  • #1,197
I'm going to repost my thoughts on this here from another thread. I swear I'm getting an ulcer from JB's motions.
Well......I just don't even have the strength to deal with this latest motion by JB...I .. in all of my 30 years of working in the legal field...have never, and I mean never, seen anything quite like this. I see stuff daily as I work as an assistant to a Federal Judge. I see attorneys that must have obtained their law licenses from a Cracker Jack box. I have seen lawyers brought up on complaints and disbarred. I have seen some things in my time...BUT I HAVE NEVER, NEVER SEEN ANYTHING QUITE LIKE THIS.

Perhaps JB is attempting to thwart the trial schedule by presenting himself as "ineffective" due to "mental defect of unknown origin".....
 
  • #1,198
Perhaps JB is attempting to thwart the trial schedule by presenting himself as "ineffective" due to "mental defect of unknown origin".....

I just don't know SOTS. I seriously think JB is just inept. To write a motion such as this, which flies in the face of the Court and it's previous CLARIFIED order, and then to go on and on and on about JA and "going back on his word" as an actual part of the legal argument....is just......ludicrous.

I just have to add these adjectives to describe this motion:
Preposterous
ridiculous
cockamamie
goofy
absurd
silly
nonsensical
zany
 
  • #1,199
During the last hearing I noticed that JA seems to get along fine with CM but JB and his pretend lawyer self has always irked JA and LDB.

I think that JA & LDB have some respect for CM for his years of experience and maybe his age, but to be truthful, CM really hasn't done much on this case, IMO
 
  • #1,200
Like his client he is too arrogant for that. I do wonder if CM will be too embarrassed to show up.

I notice that AF is not listed on the bottom of JB's motion to strike the Motion to Compel? Is this typical? An oversite? A copying to PDF error where she was on the next page, or do you think Miss Finnel basically informed JB to never again put her name on the bottom of any of his inane filings?
 

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