I will strive to improve cogency, if you willIn Morphew v Chafee County et al, Judge Domenico referred Morphew as the "plaintiff", and the public entities, officials and employees as the "defendants". This is the nomenclature in the US District Court for Colorado, and in most civil proceedings in Colorado state courts. In many administrative adjudication proceedings, the complaining party is the "complainant" and the subject is the "respondent". In the appeal phase of a process, the "plaintiff" at the initial level could be the "petitioner" or the "appellant". So the title depends on the forum and the stage of the process.
So thennn...for example, if back-referencing...To keep the players, positions, roles, rulings, determinations, etc. accurately "aligned", the immediate participants should...what? Use in present writings page-cluttering "clarifying" footnotes? Or interstitial tangled webs of parenthetical "refreshers"?
What, imo, would really jog the cogency needle positively would be at least the occasional presence of my favorites, to wit:
- "...hereafter, Jones, et al.", and
- "...heretofore, Jones, et al."...
Alas.
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Uhoh...
Just recalled that my First Year Legal Writing was citicized by its Third Year Moot Court reviewer as stylistically unnecessarily complex and ponderous. {Gee. And I thought it should be!}
But I still got a "P"!
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The case has not been decided by the 10th Circuit, so in a legal sense the defendants are not off the hook.
But, continuing with this metaphor, are not the "BIG" ones off? Post #958 above refers.
I'll be surprised if the "SMALL" ones still "on the hook" hold assets reachable in a Federal civil money damages award, inasmuch as [I thought] said civilly adjudged's residence, transport, annuities/pensions/life insurance, livelihood-related capital, etc, for example, were exempt from levy, forfeit, attachment, seizure, et al. to satisfy civil monetary damages awards.
Would I be correct in applying this to Barry's remaining "unimmunized" defendants?
Lastly, and hence, my earlier, "No deep pockets out there... so what is truly afoot?".
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It's hard to see how Morphew could prevent his arrest.
I earnestly believe - and have expressed my viewpoint and rationale several times over these intervening years - that Barry Morphew will never allow himself to be taken into custody to be brought before any peers, read: "mortals", to be judged. His god would not countenance such a thing; further it would be Barry's "sacred" duty to prev ... Ok: Would "avert" be more apropos?
To clarify, then, I believe that Barry Morphew will avert his arrest. For His justice is his god's justice. imo. I have no dread whatsoever in good time reading:
" ...the coroner at the scene, while stating there was no evidence there and then of foul play, added that he had recovered and given to the police as evidence, a sealed envelope from the deceased's clothing, apparently with contents, which had written upon it:
"To my beloved daughters".
[Coming to pass, such contents should never be disclosed.]
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If "progress" is arrest and prosecution of people without due process, then Eytan will doubtless remain opposed.
Eytan is recognized by her peers as one of the best criminal defense attorneys in Colorado, and has earned many honors and awards for her work and accomplishments. So I tend to agree that she will continue her career no matter what the outcome of this case may be.
Nothing to see here, IMO.
With respect, there may prove to be too much to see. IMO
!The individuals who were not "voluntarily" dismissed after MTDs were filed are all indemnified by the state and the county, so "deep pockets" remain technically on the hook as long as the higher courts have not ruled to uphold the dismissal. And so long as Morphew can file a new complaint, he can get them back on the hook after the first case is dismissed. There's no need to speculate about ulterior agendas. Money will do, as always.
Speculation differs as to whether Morphew would commit suicide rather than face arrest a second time for Suzanne's murder. Yours is as good as anyone's.
Defense attorneys are definitely a mixed blessing. Sometimes it feels like you just can't live with 'em. But when you think about it, you can't live without 'em, either.
