2011.01.06 Baez Slapped with Formal Sanction

[JSR]

I'm not sure Florida does bifurcations. It would be interesting to find out though. I know that is done regularly in CA (especially when there are a lot of assets to divide). We don't here in AL, at least not the last time I worked a domestic case, because we sure needed it. However, considering Boca Raton and other affluent areas, this may be an option.

EU, was your friend forced to stay legally married for 5 yrs?

Oh my God that would suck to live in a jurisdiction that wouldn't allow bifurcations! Especially if it's not a community property state that makes division of property a tad more messy. But you are correct in CA it is allowed and many divorces involve a substantial amount of assets (and debts) out here.

 

[beach]

OR ..... Clearly I don't work in the criminal law area but this sometimes happens in civil cases. Could Mason be trying to get an appealable issue NOW and file a Motion to Stay pending the outcome of the appeal? And in the interim allows the case to come to a standstill until the issue can be resolved by the higher Court.

Now bear in mind I'm not sure that this can be accomplished or even allowed in the criminal arena. But if this is allowed this might be Mason's angle.

I thought about this too, but like you, I am not positive it would be allowed in the criminal arena. My instinct tells me NO for a variety of reasons. I know it is done occassionaly in the civil arena (didn't that happen in the Anna Nicole civil case - the one where she and her son-in-law were battling over his fortune? I am pretty sure it went before the Supreme Ct. before it went back to the state court, right???)

Although maybe it could be resolved through other avenues, a possiblilty -Let's assume that the SA has some evidence and wants to press charges against any of the Anthonys for "accessory to a crime" but prefer to wait until the KC criminal trial is over because they suspect testimony may be elicited to bolster their case - the SOL (statute of limitations) in FL for that is 4 yrs.

That is not the only thing to give me pause, just thinking out loud here....

 

[JSR]

I thought about this too, but like you, I am not positive it would be allowed in the criminal arena. My instinct tells me NO for a variety of reasons. I know it is done occassionaly in the civil arena (didn't that happen in the Anna Nicole civil case - the one where she and her son-in-law were battling over his fortune? I am pretty sure it went before the Supreme Ct. before it went back to the state court, right???)

Although maybe it could be resolved through other avenues, a possiblilty -Let's assume that the SA has some evidence and wants to press charges against any of the Anthonys for "accessory to a crime" but prefer to wait until the KC criminal trial is over because they suspect testimony may be elicited to bolster their case - the SOL (statute of limitations) in FL for that is 4 yrs.

That is not the only thing to give me pause, just thinking out loud here....

I'm with you. I tend to lean that stays are not allowed in criminal proceedings at least due to appellate issues. But Mason's move might make sense if they do.

I was just trying to think of some reason Mason filed this inane motion for reconsideration. It was an epically bad move to make. And I know Mason isn't completely stupid. So my line of thinking is that he HAD to have some ulterior motive for filing this, I mean you would have to right???

Because otherwise it's a epically stupid move to make. He's essentially shooting himself in the foot. But the question is, WHY??????

 

[A_News_Junkie]

Here ya go

I was keeping it up, but nums24 blowkiss took over helping me with this when I was going through finals. It's a job right now! lol

You can "jump" from month & yrs. - drop-down menu at the bottom right.

:banghead::banghead: I never noticed the drop down arrow on the WS calendar - OMG we have lots of calendars!
Still glad I asked, maybe it helped someone else too!

Beach you and Nums24 (no wonder she always knows dates and times!) do so much for us, virtual flowers just doesn't seem like enough, but all I have here!
:takeabow::takeabow::Crown::takeabow::takeabow:

 

[beach]

I'm with you. I tend to lean that stays are not allowed in criminal proceedings at least due to appellate issues. But Mason's move might make sense if they do.

I was just trying to think of some reason Mason filed this inane motion for reconsideration. It was an epically bad move to make. And I know Mason isn't completely stupid. So my line of thinking is that he HAD to have some ulterior motive for filing this, I mean you would have to right???

Because otherwise it's a epically stupid move to make. He's essentially shooting himself in the foot. But the question is, WHY??????

I asked AZ a question and found her answer interesting. :innocent:

[ame="http://www.websleuths.com/forums/showpost.php?p=5999693&postcount=1680"]Websleuths Crime Sleuthing Community - View Single Post - Legal Questions for Our VERIFIED Lawyers[/ame]

 

[JSR]

I asked AZ a question and found her answer interesting. :innocent:

Websleuths Crime Sleuthing Community - View Single Post - Legal Questions for Our VERIFIED Lawyers

Interesting. Maybe his filing is still a delay delay delay tactic. It all makes my head spin.

 

[sleutherontheside]

This is a press conference given today regarding another case. Listen to what FL State Atty Lawson Lamar says starting at the 2:43 mark ending at 4:04. Very Professional.

http://www.wftv.com/video/26469952/index.html

Wonder if JB and Mason will get the hint.

VERY PROFESSIONAL!!!!!!!!

As far as "anyone" getting the hint..... IMO...you'd have to be able to hear what Lamar is saying and you'd have to respect him enough to care about what he says.

So..........NOPE!

 

[LambChop]

Do we have a time and date that this motion regarding the sanctions was filed with the court? Wouldn't it have shown up by now in the clerk's office???

 

[ExpectingUnicorns]

I'm not sure Florida does bifurcations. It would be interesting to find out though. I know that is done regularly in CA (especially when there are a lot of assets to divide). We don't here in AL, at least not the last time I worked a domestic case, because we sure needed it. However, considering Boca Raton and other affluent areas, this may be an option.

EU, was your friend forced to stay legally married for 5 yrs?

I don't know, 'Beach. I only found out what little I shared with you all over an after-church breakfast. I was talking about this case and he told me CM was his attorney, etc. My friend has a rather spotted past so I don't ask him too many real personal details. But next time I see him I'll try to find out and pm you. I really don't think there's much more my friend could share that would be useful on this board. I just thought the 5 year thing was relevant, though!

 

[logicalgirl]

I'm with you. I tend to lean that stays are not allowed in criminal proceedings at least due to appellate issues. But Mason's move might make sense if they do.

I was just trying to think of some reason Mason filed this inane motion for reconsideration. It was an epically bad move to make. And I know Mason isn't completely stupid. So my line of thinking is that he HAD to have some ulterior motive for filing this, I mean you would have to right???

Because otherwise it's a epically stupid move to make. He's essentially shooting himself in the foot. But the question is, WHY??????

I think I have the answer. Because Baez doesn't have the $583.00 and change to pay the bill and Mason refuses to lend it to him.

Plus I think Mason is hugely ticked of that his overly large ego got a very public kick in the butt at the last hearing and this is a typical of him both sulking and having a hissy fit.

Sometimes "why" doesn't make sense, YKWIM?

 

[A_News_Junkie]

This is a press conference given today regarding another case. Listen to what FL State Atty Lawson Lamar says starting at the 2:43 mark ending at 4:04. Very Professional.

http://www.wftv.com/video/26469952/index.html

Wonder if JB and Mason will get the hint.

:floorlaugh::floorlaugh: He could have been talking right to JB! Attorneys who like to get on TV and talk about how innocent their clients are! LMAO:floorlaugh::floorlaugh:

But, I agree with southside - no way JB would take heed! His ego is his biggest roadblock - then his client. How sad is that!

 

[countzero]

Do we have a time and date that this motion regarding the sanctions was filed with the court? Wouldn't it have shown up by now in the clerk's office???

I just deleted a post asking the same. It is in the ninth court website now. Also it is word for word (no last minute changes by JB) as the one given to the media yesterday. Still haven't seen the actual motion with the date/time stamp of the court though.


http://www.ninthcircuit.org/news/High-Profile-Cases/Anthony/orders&motions.shtml

 

[Sparky]

:floorlaugh::floorlaugh: He could have been talking right to JB! Attorneys who like to get on TV and talk about how innocent their clients are! LMAO:floorlaugh::floorlaugh:

But, I agree with southside - no way JB would take heed! His ego is his biggest roadblock - then his client. How sad is that!

lol...Actually when I heard it I thought WOW.... he's talking to JB & Co. The next motion we see will be JB wanting to seal that video cause he thinks LL is talking about him. :floorlaugh:

 

[bocephus]

VERY PROFESSIONAL!!!!!!!!

As far as "anyone" getting the hint..... IMO...you'd have to be able to hear what Lamar is saying and you'd have to respect him enough to care about what he says.

So..........NOPE!

Agree with you 100%. This is not a trial for Baez and crew, it is a photo op and a chance to be seen every day by our local media. The defense must think that even negative publicity is still publicity. But the problem is that even though ICA is guilty, along with the rest of the Anthony clan, Justice for that beautiful baby is what is paramount. The defense and the Anthony's could care less about that. This is a photo-op and a pay-day to them.

Well, I got news for ICA....you are being used. When this is all over, the defense gets to go home and forget about you, as CA and GA will do as well. You are being used to make money and gain notoriety for your ill-prepared attorneys and your parents...nothing more. You will be nothing more then another convict on Death Row waiting for your latest appeal to be denied. Enjoy your Bella Vita.

 

[sleutherontheside]

An aside....after reviewing several traffic reports for the Exit 83A area and Eastbound I-4.......I am inclined to believe that "on the record" traffic delays were used as an excuse here. http://articles.orlandosentinel.com/2010-12-14/sports/os-traffic-orlando-20100609_1_exit-82a-crash-colonial-drive

http://articles.orlandosentinel.com/keyword/westbound-i-4

It's not like the ONLY access to the OC Courthouse was "thwarting" any particular driver. One can simply exit I-4 and take various "off ramp" Streets and Avenues to reach a destination. Unless of course....time is NOT a priority.

 

[Amil]

CM represented a friend of mine in his divorce. He says the divorce took 5 years to finalize. . . !

He was my attorney in divorce proceedings, too!

 

[Purple Iris]

Agree with you 100%. This is not a trial for Baez and crew, it is a photo op and a chance to be seen every day by our local media. The defense must think that even negative publicity is still publicity. But the problem is that even though ICA is guilty, along with the rest of the Anthony clan, Justice for that beautiful baby is what is paramount. The defense and the Anthony's could care less about that. This is a photo-op and a pay-day to them.

Well, I got news for ICA....you are being used. When this is all over, the defense gets to go home and forget about you, as CA and GA will do as well. You are being used to make money and gain notoriety for your ill-prepared attorneys and your parents...nothing more. You will be nothing more then another convict on Death Row waiting for your latest appeal to be denied. Enjoy your Bella Vita.

Well, she can look at her "Bella Vita" or whatever it says tatoo, and she can be reminded of NOT Caylee, who she claims it is for, but, for the blood suckers that took her royally to the cleaners before she ended up in prison for the rest of her life.

And, yes, that includes her parents as well.

 

[Kimmer]

I have a question, since tommorrow is the date that the sactions is due to be paid by, and the hearing is Friday if JB does not pay by tommorrow will he be in trouble?

 

[TotallyObsessed]

:banghead::banghead: I never noticed the drop down arrow on the WS calendar - OMG we have lots of calendars!
Still glad I asked, maybe it helped someone else too!

Beach you and Nums24 (no wonder she always knows dates and times!) do so much for us, virtual flowers just doesn't seem like enough, but all I have here!
:takeabow::takeabow::Crown::takeabow::takeabow:

That is simply amazing. I now have it as a favorite link because I know I could never find it again!

 

[LancelotLink]

In the motion for reconsideration, CM in closing makes reference to Smith v State 873 So 2d 585 (3DCA 2004.)

http://www.3dca.flcourts.org/opinions/3D05-2474.pdf
Interesting.
I thought it read like a veiled threat...now I'm convinced.