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  1. #1
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    Defense May Have To Re-File Motion

    Seems like the main stream media must read the interwebs as well. We have been talking about this for two days.

    http://www.wftv.com/news/23190216/detail.html
    Last edited by darnudes; 04-19-2010 at 08:11 AM. Reason: sp

  2. #2
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    May 2005
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    932
    If they did have to re-file, would they still make the ten day filing deadline?

    *thinks wishfully*
    Last edited by miss plum; 04-19-2010 at 07:51 AM.

  3. #3
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    Well, this is strange. I just checked the State of Florida notary registrations and it appears that J. Cheney Mason's notary commission doesn't expire until 2013. It was renewed on 11/21/09. Perhaps he inadvertently used his old seal? Or I have the wrong J. Cheney Mason?

    http://notaries.dos.state.fl.us/noti....asp?id=350371


    Commission Detail
    Notary ID: 350371
    Last Name: Mason
    First Name: J.
    Middle Name: Cheney
    Birth Date: 12/12/43
    Transaction Type: REN
    Certificate: DD 920306
    Status: ACT
    Issue Date: 11/21/09
    Expire Date: 11/20/13
    Bonding Agency: Western Surety Company - Southeast Team
    Mailing Address: Longwood, FL 32779-0000

  4. #4
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    May 2009
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    1,841

    Smile

    It was Sun who mentioned this for the first time 3 days ago. Here is Post 55 from this thread:

    http://www.websleuths.com/forums/sho...ry#post5073685

    Good eye, Sun!

  5. #5
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    Quote Originally Posted by Gnatcatcher View Post
    It was Sun who mentioned this for the first time 3 days ago. Here is Post 55 from this thread:

    http://www.websleuths.com/forums/sho...ry#post5073685

    Good eye, Sun!
    She sure did and within a short space of time it was picked up (mostly likely from here) and spread all over the internet and then finally to the press.

  6. #6
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    It was a good catch.

    But apparently his Notary Commission was renewed with the State. JMO, he used the old seal. Perhaps for that reason the motion would have to be refiled?

  7. #7
    Join Date
    Mar 2009
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    Just what you need from an Atty that is defending your life, huh?
    Someone who does not pay attention to detail in a legal motion....

  8. #8
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    Oct 2009
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    why on earth would a notary have their old seal laying around on their desk after they've renewed and received their new stamper??
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  9. #9
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    That was a great catch Sun!
    Could this circus get any better?
    Last edited by ATWC66; 04-19-2010 at 10:33 AM. Reason: spelling

  10. #10
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    For more fun....hop over to the thread on this motion where there is discussion about the signatures between the one provided to Ch13 and the one filed with the court not matching.


  11. #11
    Quote Originally Posted by tlcox View Post
    why on earth would a notary have their old seal laying around on their desk after they've renewed and received their new stamper??
    I'm a notary and I had to get my seal from an office supply company... I would assume most states are the same - you don't get your seal from them but rather have it made yourself. It's possible he forgot to get a new one.

    just chillin' with my own kind!

  12. #12
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    Quote Originally Posted by yeknomaras View Post
    I'm a notary and I had to get my seal from an office supply company... I would assume most states are the same - you don't get your seal from them but rather have it made yourself. It's possible he forgot to get a new one.
    I also am a notary. There was some discussion on this or another related thread that his notary certificate HAD been renewed some time ago and that he has a seal with the proper current date on it. So I am just curious as to why even still have the old outdated one laying around.
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  13. #13
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    I'm also a Notary. I'm also very lazy. I have two expired seals sitting in the same desk drawer as my current seal. I don't want to throw them away and I haven't found a box to shove them into the garage. Lazy.

  14. #14

    The defense will file a corrected document this am, imo.

    I really like this judge and I do not want him to step down. His record is impressive and he is above reproach imo. If he does, I expect it to be immediately.

    Clearly the defense wants to deflect attention away from the civil trial looming, Jose passing letters in jail, Todd putting 70K in the trust account, and they are totally let down that the TES records request was denied. I trust they know more bar complaints have been or will be filed against members of the team.

    The bad facts of the case remain regardless of who sits at the defense table, or what motions they file.

    Once the repeated requests for the TES comprehensive 4K records got shot down, I knew the defense was going to try something , desperate even; because, that shoots down what looked like their last hope, to help the jury infer the body was put there after Casey was jailed.

    Some of what they argued in their motion can be rejected straight away, because it is too remote in time. For example they brought up that the judge filed a bar complaint against Jose. Now that is when I thought they could have asked for him to step down. That was so long ago and all we heard from the defense was crickets. My understanding is that they have a finite amount of time to ask for the judge to step down, within days, from the time of the alleged offense. The same is true for their arguments over the judge saying "The truth and Miss Anthony are strangers". That was what... two years ago?
    So them mentioning those things in their motion, is the epitome of moot,imo.

    Mr. Cheney inadvertently using his older rather than new notary stamp, I do not expect to have any consequence, whatsoever. The important thing to focus on in Mr. Sheaffer's remarks, imo, is that this would simply mean the defense will be asked to correct that, and refile. The cure for this error would be simple and swift. Indeed I would expect that a corrected document would be filed this morning by the defense.

    The judge has even let lawyers speak in open court when their pro hac vice documents are not even filed of record yes, so I do not think he will hang his hat on this small , easily remedied mistake.
    Thinking of this pro hac vice reminds me just how very courteous, overly generous and patient the judge has been with the defense. The next judge should there be one, will not afford them these extensive measures is my guess. This really was the biggest mistake they could have made. No matter how it pans out...the defense is now going to have to step up and be prepared and professional. Wont that be a neat trick?!
    Last edited by The World According; 04-19-2010 at 03:02 PM.

  15. #15
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    bwwwaaahhhhaaaahhhhaaa...sorry.
    email me


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