Prosecutors New Motion for Private Meeting w/Judge but w/out Defense #2

[beach]

Here is defense's objection to the ex parte hearing.
http://www.wftv.com/pdf/22545604/detail.html

Since we've discussed grammar and form, I feel compelled to point something out. It has been bugging me since yesterday. The body of Baez's motion concludes on pg. 2 right before the prayer. Then the subscription (signature) begins on pg. 2 with "Respectfully submitted," and he signs on pg. 3!! (Don't any of them know about the widow/orphan feature on Word?) Even the certificate of service is on page 4. It is so freaking disjointed, I can't believe ANY attorney would sign and allow that motion to be filed.

Honestly, I have worked with several attorneys over the past 12 years - some very experienced and well-known, some sole practitioners just starting out. Not a single one of them would have signed any motion that was worded or formatted so unprofessionally.

okay, i'm through now. i think.

 

[lauriej]

beach2..

since you clearly have knowledge of filing a motion:

can you explain ( forgive me if this has asked before!), what does :

/s/ mean ? when it is used as andrea lyon's signature ? and why would she do so?

 

[lauriej]

Since we've discussed grammar and form, I feel compelled to point something out. It has been bugging me since yesterday. The body of Baez's motion concludes on pg. 2 right before the prayer. Then the subscription (signature) begins on pg. 2 with "Respectfully submitted," and he signs on pg. 3!! (Don't any of them know about the widow/orphan feature on Word?) Even the certificate of service is on page 4. It is so freaking disjointed, I can't believe ANY attorney would sign and allow that motion to be filed.

Honestly, I have worked with several attorneys over the past 12 years - some very experienced and well-known, some sole practitioners just starting out. Not a single one of them would have signed any motion that was worded or formatted so unprofessionally.

okay, i'm through now. i think.

it's been mentioned many times---------that in the last year and 1/2-------baez's motions are extremely poorly written/flawed.

and now again, you can point out easily a number of 'unprofessional'-isms ( and yes, i do know that is not a word!it's late.. ) in this one..

could it be true, that AL has ( her brightest!-------or clearly, not so bright) students, writing these motions for extra credit ?

 

[SallyLu]

beach2..

since you clearly have knowledge of filing a motion:

can you explain ( forgive me if this has asked before!), what does :

/s/ mean ? when it is used as andrea lyon's signature ? and why would she do so?

lauriej - this is what I found when I did a search.

http://answers.yahoo.com/question/index?qid=20080630205148AA0gtbn

 

[The World According]

It is just another example of the lazy, complacent manner in which all of their case is prepared. It is getting embarrassing to watch. A scribner's error, every now and then is one thing...but in this case it represents an overall theme, imo. The real problem is the substance...it is very often legally insufficient, flawed, wrong on the facts, wrong on the law. It is often that the motions are a mess in ways that are serious...so much so that M.Drane Burdick has to use terms like this is wholly lacking in proof, this does not even come close to the legal standard, this is a farce, etc. etc.. Mr. Ashton had to explain that Ms. Lyon was arguing HER OPINION and not the law, etc. etc.
The defense rarely ever even understands who is to be served, when and why. I have never seen anything like it.
The grammar is a symptom....the substance in the motions is totally wrong...that is the problem, and yes, it does matter!!! It waste's the court's time, an it diminishes any credibility they may have had with the judge, imo. It certainly does not serve their client, no matter what rose colored glasses you look through.

 

[beach]

beach2..

since you clearly have knowledge of filing a motion:

can you explain ( forgive me if this has asked before!), what does :

/s/ mean ? when it is used as andrea lyon's signature ? and why would she do so?

The /s/ is usually used when e-filing. It is the attorney's 'online signature'. Most courts require that the original document with authentic signature be kept on file. In this case, Baez is vouching that he has AL's signature....that she has approved the motion and signed off. That could have been done by faxing a copy of the motion to her and she signed a fax copy that should be attached to the original.

The deal with the "Respectfully yours," on pg. 2 and the signature on pg. 3 and yet, the certificate of service on pg. 4 - well, i was always taught that it is important to try to have the subscription (signature) on the same page as a portion of the motion. The reason is, if the lone signature page were mistakenly attached to the wrong motion before it was ready to be filed, it could be...well, not good at all. lol I am sure I am sounding picky to some people, but working in the legal field you deal daily with a LOT of paper. It has never happened to me, but it could easily happen if you weren't organized.

 

[beach]

could it be true, that AL has ( her brightest!-------or clearly, not so bright) students, writing these motions for extra credit ?

--snipped by moi

i would bet my life that AL's students are NOT writing these motions. I picture her ripping these things to shreds. She has her quirks, but she strikes me as the type to write intelligent, professional motions. Even if you didn't agree with the content, I think they would be grammatically correct and well formatted. What I am wondering is if JB drafts his own motions. Seriously. If not, then he needs to fire his legal assistant.

 

[Kentjbkent]

--snipped by moi

i would bet my life that AL's students are NOT writing these motions. I picture her ripping these things to shreds. She has her quirks, but she strikes me as the type to write intelligent, professional motions. Even if you didn't agree with the content, I think they would be grammatically correct and well formatted. What I am wondering is if JB drafts his own motions. Seriously. If not, then he needs to fire his legal assistant.

I'm right there with ya! As I have stated previously, I think AL's only involvement in this case is to prepare for the inevitable penalty phase and to sign off technically where required on motions etc (as DP qualified lead attorney), which is why we see her electronic signature. She probably doesn't even see the original drafts of motions until the next time she is in town and personally signs required file copies. (And probably rolls her eyes when she does that!)

 

[LambChop]

I'm right there with ya! As I have stated previously, I think AL's only involvement in this case is to prepare for the inevitable penalty phase and to sign off technically where required on motions etc (as DP qualified lead attorney), which is why we see her electronic signature. She probably doesn't even see the original drafts of motions until the next time she is in town and personally signs required file copies. (And probably rolls her eyes when she does that!)

But think about today's technology. If AL has a Blackberry, and I'm sure she does or should have one, she can look at the motion, make her changes and send it back for revisions. No excuse for it to go out that way, none. JMO

 

[beach]

But think about today's technology. If AL has a Blackberry, and I'm sure she does or should have one, she can look at the motion, make her changes and send it back for revisions. No excuse for it to go out that way, none. JMO

I agree. This is what I suspect - AL is rather busy teaching, promoting her book and working on the death penalty issues with this case (plus I am sure she has other cases to work). I'm guessing they (JB, AL, LKB) have divided the work load into: AL--->death penalty issues, LKB ---> forensics and JB for...i dunno... general discovery, etc.. What I don't know - since AL is 1st chair being the death qualifed atty., is her signature is required on ALL motions filed with the court? I know she doesn't have time to edit every crappy motion JB drafts.

I think I'll go ask that on the verifired attorney thread...I'm curious.

 

[notthatsmart]

Does any of it really make any difference? Does JB's bad writing skills make Kc guilty of premeditated murder? Are there laws against bad writing skills? I think the Judge understands the motion the way it is written. IMO

 

[Kentjbkent]

But think about today's technology. If AL has a Blackberry, and I'm sure she does or should have one, she can look at the motion, make her changes and send it back for revisions. No excuse for it to go out that way, none. JMO

Exactly....IF she chooses to....IF the guilt/innocence part of this trial holds any importance to her....IF Baez agrees to let her "school him"...

BUT she obviously DIDN'T....

DOESN'T....

and he says NO WAY JOSE!

 

[Kentjbkent]

Does any of it really make any difference? Does JB's bad writing skills make Kc guilty of premeditated murder? Are there laws against bad writing skills? I think the Judge understands the motion the way it is written. IMO

Well, I guess that would have a lot to do with the personal preferences of the defendant. If, for argument's sake, JoseBGood was MY attorney and I was fighting for MY life, I would want to make da*n sure he was writing professional, CORRECT motions that stood a chance at being granted..

but that's just me....

 

[Aedrys]

But think about today's technology. If AL has a Blackberry, and I'm sure she does or should have one, she can look at the motion, make her changes and send it back for revisions. No excuse for it to go out that way, none. JMO

Ah, but Lambchop, remember the computer difficulties the defense had at one point? I think it was with viewing pictures on a secure server, something to do with the fact that their experts were not computer proficient so it had to be done differently? I think the whole defense team is computer and writing deficient, and couldn't get out a correct motion if someone who knew what they were doing handed one to them.

 

[beach]

Does any of it really make any difference? Does JB's bad writing skills make Kc guilty of premeditated murder? Are there laws against bad writing skills? I think the Judge understands the motion the way it is written. IMO

Honestly, it does make a difference if you want to be respected by your peers in the legal community. Clarity is very important when drafting motions, too. No, it doesn't make KC guilty of premeditated murder, though.

 

[Aedrys]

Well, I guess that would have a lot to do with the personal preferences of the defendant. If, for argument's sake, JoseBGood was MY attorney and I was fighting for MY life, I would want to make da*n sure he was writing professional, CORRECT motions that stood a chance at being granted..

but that's just me....

Yes, but have you seen Casey's texts? I think the defense team already has better writing skills than she does! She's probably impressed with how they write, unfortunately! People like you and me...would cringe in terror each time a motion came out.

And no, it doesn't make her guilty, NTS, but I would so PISSED if I got convicted because my attorney couldn't write a motion correctly! I mean, if he can't do that, how the heck would he be able to defend me in court? It just goes to his ineptness and shoddy defense work. Casey should really ask for a better lawyer.

 

[Kentjbkent]

Yes, but have you seen Casey's texts? I think the defense team already has better writing skills than she does! She's probably impressed with how they write, unfortunately! People like you and me...would cringe in terror each time a motion came out.

Very true, but it is not Casey that the defense is "motioning"...it is Judge Strickland and NTS question was why is it important for the motions to be written in "good writing skills" as opposed to "bad writing skills"?

Casey may be gushing "Look how cutesy my man writes..." but that isn't going to help get motions granted, kwim?

 

[RR0004]

Does any of it really make any difference? Does JB's bad writing skills make Kc guilty of premeditated murder? Are there laws against bad writing skills? I think the Judge understands the motion the way it is written. IMO

Credibility, perhaps?

 

[ZsaZsa]

Doc dump tomorrow-
http://www.orlandosentinel.com/news...ey-anthony-discovery-20100215,0,6246696.story
Let's hope it's a big one...

 

[RR0004]

Doc dump tomorrow-
http://www.orlandosentinel.com/news...ey-anthony-discovery-20100215,0,6246696.story
Let's hope it's a big one...

...and MM's on it!!!!!!!!!!

Sorry, OT...