Casey Anthony attorney: Judge Perry has 'clear bias'

[passionflower]

How many judges does this team want?
IMO, Judge Perry sees, hears and knows the pranks this defense
team will go throgh to delay or mistrial becase their client is a real loser!

JB and team grasping at all straws.............

BTW they asked for Perry.....didn't like Strickland.......becareful what you wish for cheney!

 

[whiteangora]

This is what I'm concerned about.

http://www.wftv.com/news/27325233/detail.html

Judge Perry isn't going anywhere, no need to be concerned.
His record is 99.999% perfect!

 

[AZlawyer]

A resource for those of you discussing a hypothetical future motion to disqualify HHJP (which would, of course, be the second such motion for the defense):

RULE 2.330. DISQUALIFICATION OF TRIAL JUDGES

(a) Application. This rule applies only to county and circuit judges in all matters in all divisions of court.

(b) Parties. Any party, including the state, may move to disqualify the trial judge assigned to the case on grounds provided by rule, by statute, or by the Code of Judicial Conduct.

(c) Motion. A motion to disqualify shall: (1) be in writing; (2) allege specifically the facts and reasons upon which the movant relies as the grounds for disqualifica-tion; (3) be sworn to by the party by signing the motion under oath or by a separate affidavit; and (4) include the dates of all previously granted motions to disqualify filed under this rule in the case and the dates of the orders granting those motions.
The attorney for the party shall also separately certify that the motion and the client’s statements are made in good faith. In addition to filing with the clerk, the movant shall immediately serve a copy of the motion on the subject judge as set forth in Florida Rule of Civil Procedure 1.080.

(d) Grounds. A motion to disqualify shall show: (1) that the party fears that he or she will not receive a fair trial or hearing because of specifically described prejudice or bias of the judge; or (2) that the judge before whom the case is pending, or some person related to said judge by consanguinity or affinity within the third degree, is a party thereto or is interested in the result thereof, or that said judge is related to an attorney or counselor of record in the cause by consanguinity or affinity within the third degree, or that said judge is a material witness for or against one of the parties to the cause.

(e) Time. A motion to disqualify shall be filed within a reasonable time not to exceed 10 days after discovery of the facts constituting the grounds for the motion and shall be promptly presented to the court for an imme-diate ruling. Any motion for disqualification made during a hearing or trial must be based on facts discovered during the hearing or trial and may be stated on the record, provided that it is also promptly reduced to writing in compliance with subdivision (c) and promptly filed. A motion made during hearing or trial shall be ruled on immediately.

(f) Determination — Initial Motion. The judge against whom an initial motion to disqualify under subdivi-sion (d)(1) is directed shall determine only the legal sufficiency of the motion and shall not pass on the truth of the facts alleged. If the motion is legally sufficient, the judge shall immediately enter an order granting disquali-fication and proceed no further in the action. If any motion is legally insufficient, an order denying the motion shall immediately be entered. No other reason for denial shall be stated, and an order of denial shall not take issue with the motion.

(g) Determination — Successive Motions. If a judge has been previously disqualified on motion for alleged prejudice or partiality under subdivision (d)(1), a successor judge shall not be disqualified based on a successive motion by the same party unless the successor judge rules that he or she is in fact not fair or impartial in the case. Such a successor judge may rule on the truth of the facts alleged in support of the motion.

(h) Prior Rulings. Prior factual or legal rulings by a disqualified judge may be reconsidered and vacated or amended by a successor judge based upon a motion for reconsideration, which must be filed within 20 days of the order of disqualification, unless good cause is shown for a delay in moving for reconsideration or other grounds for reconsideration exist.

(i) Judge’s Initiative. Nothing in this rule limits the judge’s authority to enter an order of disqualification on the judge’s own initiative.

(j) Time for Determination. The judge shall rule on a motion to disqualify immediately, but no later than 30 days after the service of the motion as set forth in subdivision (c). If not ruled on within 30 days of service, the motion shall be deemed granted and the moving party may seek an order from the court directing the clerk to reassign the case.

 

[Horace Finklestein]

And now, if it's allowed, I bet the defense will ask HHJP to recuse himself and if he says no then they can ask an appeal court to step in. And when they do then the whole case stops until the appeal court decides if they want to intervene or just let the case resume. But the case stops nonetheless which as many of us have seen and thought is what the defense really wants. They really just want to drag this case on as long as they can.

The defense can't appeal HHJP's decisions before trial but they can appeal if a Judge decides to not step down if a party decides to ask for the judge to recuse himself.

Mason likes to threaten with appeals.

 

[LCoastMom]

"The defense gets a ruling they don’t like. What do they do? They attack the judge," Sheaffer said.

Sheaffer believes they might want a new judge or delay because things aren't going their way. The judge is demanding compliance with the rules of procedure, evidence and professional conduct.

http://www.wftv.com/news/27325233/detail.html

So Mr Shaffer is saying they are attacking JP and possibly going to request he recuse himself because he does his job too well? :thud:

We warned you boys... be careful what you ask for!

 

[mydailyopinions]

The Irony is Rich :great:

 

[Tulessa]

That's why I said, if it's allowed. I don't know how many times a party may file for a judge to recuse themselves in a criminal matter, especially in FL. But if they are allowed to do it, then they will. I'm sure of it.

BS said they had a snowball's chance in Hell with getting that done. :great:

 

[Tulessa]

So Mr Shaffer is saying they are attacking JP and possibly going to request he recuse himself because he does his job too well? :thud:

We warned you boys... be careful what you ask for!

And said they had a snowball;s chance in Hell in succeeding with it. :floorlaugh:

 

[zoey]

Lambchop........I wonder......My belief is that Jose is invested emotionally in his own success in the manner he wants that success to be made. He is trying too hard to control his own successful outcome. Cause to him success does not mean an excellent defense even if your client is found guilty - it means not guilty and to win at any and all costs. No exceptions.

I'm not certain he's emotionally invested in ICA - I think she's simply the vehicle or product he can use to reach the success he believes he so richly deserves. Just IMO of course.

ITA. Im on my iPad right now but you said exactly what I was thinking. Iy is only about jb. Ica is the vehicle always has been

 

[Caligram]

Heavenly Hugs to you, sweet Caylee Marie Angelbabe. The judge sent your unworthy earth mother and her defense team a clear signal. In other words, quit stalling. Justice for you is coming, Caylee Marie Angelbabe. I can imagine you flitting around up there, using those fluffy white clouds like a trampoline. Jump for joy, sweet one.

 

[MissJames]

This is what I'm concerned about.

http://www.wftv.com/news/27325233/detail.html

This does not surprise me one bit. Since day 31 the DT (aka Delay Team ),has dragged everything out.The first two years JB flew through almost $300,000 ,while doing nothing more than making media appearances.
Once HHJP put a timeline in effect the DT has ignored deadlines,added witnesses,ignored court orders,adding to the delay.
Well,it's not working :loser: so as a last ditch they turn on the judge :banghead:
They might win a battle here and there,but they will not win this war :justice::devil:

 

[zoey]

ITA, LG ..
bbm
This case IS Jose's future and dreams of grandeur are all he cares about ... after this trial, when KC is convicted, does anyone really think he will be involved in anyway of helping with her appeal ? Will he visit her and help her anyway he can ... I realize he's not an appellate lawyer, but he wasn't a DP qualified lawyer either ...
He doesn't care one single bit about KC, just that people think he cares about her ...
IMO Jose and KC are very, very much alike ... and both of them are pathelogical liars, have no souls and, oh ya, are at the same junior high maturity level ...

Currently he only really sees her in court. That should say something. His passion is me,myself and I.

 

[Caligram]

Can you hear him now, CM?

 

[faefrost]

(g) Determination — Successive Motions. If a judge has been previously disqualified on motion for alleged prejudice or partiality under subdivision (d)(1), a successor judge shall not be disqualified based on a successive motion by the same party unless the successor judge rules that he or she is in fact not fair or impartial in the case. Such a successor judge may rule on the truth of the facts alleged in support of the motion.

Ah! The irony is rich! TY AZ! :tyou:

:floorlaugh::floorlaugh::floorlaugh::floorlaugh::floorlaugh::floorlaugh:

 

[whiteangora]

After reading AZlawyer's post, I feel very confident that Judge Perry will continue presiding over this case for the long haul.
AZlawyer: "(g) Determination — Successive Motions. If a judge has been previously disqualified on motion for alleged prejudice or partiality under subdivision (d)(1), a successor judge shall not be disqualified based on a successive motion by the same party unless the successor judge rules that he or she is in fact not fair or impartial in the case. Such a successor judge may rule on the truth of the facts alleged in support of the motion."

 

[MissJames]

Ah! The irony is rich! TY AZ! :tyou:

:floorlaugh::floorlaugh::floorlaugh::floorlaugh::floorlaugh::floorlaugh:

Does that refer to one specific issue (motion) or throughout the case in general?
JS recused himself based on the defense complaint about his familiarity with blogger MD,not because of bias on a particular motion.So where does that leave us? I'm so

 

[AZlawyer]

Does that refer to one specific issue (motion) or throughout the case in general?
JS recused himself based on the defense complaint about his familiarity with blogger MD,not because of bias on a particular motion.So where does that leave us? I'm so

It refers to all motions to disqualify throughout the case, regardless of the reason(s) they were allegedly filed.

 

[cloud9]

Can you hear him now, CM?

YES! Can you, CM????? Looks like your "work" day was wasted filing such a ridiculous, blatently RUDE motion!

 

[MissJames]

It refers to all motions to disqualify throughout the case, regardless of the reason(s) they were allegedly filed.

Yes!
Thank you,AZ.

 

[mydailyopinions]

I am embarrassed for Jose Baez and Cheney Mason, again!:laugh: