2010.08.31 Orlando Sentinel's Motion to Intervene

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Aedrys

If justice doesn't get you, karma will.
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I didn't see a thread on this. If there is one, please forgive me. But I couldn't help myself. I was so upset with the defense and this motion just made me HAPPY. I am smiling again. Read it, and you'll see why.

Apparently, like Valhall says on her site (great article by the way, you should totally go and read it. I like her sum of what Orlando Sentinel essentially said), the Orlando Sentinel thinks the defense team needs an intervention.

Here is the glorious PDF file: http://www.wftv.com/pdf/24814448/detail.html

Over and over again, they say that Casey has not met her burden, "one that she has not even attempted to satisfy."

I also love point #18: "The fact that this case is a high profile case does not provide the defendant with a unique privilege to shut down public information." Can we say SLAM!

And then they totally school the defense on what it should be doing in point 21. I totally love the message in the first line: "Albeit selectively, the defense may not like the publicity this case receives when it doesn't suit them, but it is the basis of our judicial system."

and lastly, and my favorite line, "Because the defendant's Standing Objections do not even come close to meeting these high standards, they should be denied."

Oh Orlando Sentinel, I think I just fell madly in love with you! What do you guys think of this? I think it almost ranks up there with HHJS's recusal.
 
*crickets chirping* Anyone want to talk about this? Or has it already been talked about in another thread? Or are we waiting for it to be heard first before talking about it?

Anyone? Bueller? Bueller?
 
It's a brilliant motion, written by a competent attorney. Jb should study this and learn how to file a motion :biggrin:
 
I think the OS has cited more case law in this one motion than the defense has in two years.
It all comes down to the simple fact of they have no defense. Nothing works so lets just occupy our time with practicing writing motions since we obviously don't know what we are doing. And stall until trial time.
 
I thought the standing objections were addressed at the hearing yesterday by HHJP and JB. I think this will be a moot motion from the commentary by the judge and JB indicating that he was "papering" the record of his continued objections. I don't see what there would be to rule on.
 
Somebody send that to KB as an example of how to actually write a motion. Note: Actual citations of prior case law. Actual citations of law and state constitution. Opinions and statements of US Supreme court. etc. Lots of real meat to the argument. Not simply a shrill whine of "I don't think it;s fair!!!!".
 
Excellent article, thanks!

I am concerned about all this opening up an "Ineffective counsel" argument after the conviction. I'd hate to see ICA get 2 bites at the apple.
 
I love it! I bet Baez is on the phone right now, asking CM what all the big words mean....
 
It's a brilliant motion, written by a competent attorney. Jb should study this and learn how to file a motion :biggrin:


that was what I was scrolling down to say!

READ AND LEARN, MISTER BAEZ!


:biglaugh:
 
Love this one

5. "As shown below, an agency's release of public records, required by Florida Statutes and Florida Constitution, in not an "abuse" of Florida Public Records Act. The only "abuse" of the Act, is the Defendant's attempt to shut it down"

:clap:
 
I thought the standing objections were addressed at the hearing yesterday by HHJP and JB. I think this will be a moot motion from the commentary by the judge and JB indicating that he was "papering" the record of his continued objections. I don't see what there would be to rule on.

Aw dangit, I REALLY wanted to see a hearing on this! Oh well, I guess HHJP is fed up with the 1,001 motions from Baez.
 
Excellent article, thanks!

I am concerned about all this opening up an "Ineffective counsel" argument after the conviction. I'd hate to see ICA get 2 bites at the apple.

I think HHJP is working seriously hard to prevent that from happening. I don't think Casey has a prayer in hell of getting an appeal based in ineffective counsel. She knows they're doing a bad job and yet she keeps them. She can't decide later that they weren't good enough. HHJP's got this. Don't worry.
 
Somebody send that to KB as an example of how to actually write a motion. Note: Actual citations of prior case law. Actual citations of law and state constitution. Opinions and statements of US Supreme court. etc. Lots of real meat to the argument. Not simply a shrill whine of "I don't think it;s fair!!!!".

By all appearances Jose Baez is attending law school with this case. Too bad the other attorneys can't bill him for tuition.
 
Now thats a motion ! Yeah Rachel E Fugate! Oh no, more words for JB to have to digest. Hahaha :)
 
I like the footnote on page 2 !
"...defense counsel are no strangers to media in this case...."
 

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  • OS Motion to Intervene defense no strangers to media 1a.jpg
    OS Motion to Intervene defense no strangers to media 1a.jpg
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This was a beautifully written motion and when I read it I thought, okay, that's what a real motion looks like -you know, with law citations, correct grammar and minus emotive language.

You have to wonder what's going on when the Orlando Sentinel has an infinitely better attorney than the death penalty defendant. Looks like money doesn't buy you everything.
 
I thought the standing objections were addressed at the hearing yesterday by HHJP and JB. I think this will be a moot motion from the commentary by the judge and JB indicating that he was "papering" the record of his continued objections. I don't see what there would be to rule on.

It may be a preemptive strike by the paper to make HHJBP aware of the case law and the narrow parameters associated with such requests. So that in the future he will be better prepared. It may also be a signal to JB to knock it off you can't win. JMO
 
I think HHJP is working seriously hard to prevent that from happening. I don't think Casey has a prayer in hell of getting an appeal based in ineffective counsel. She knows they're doing a bad job and yet she keeps them. She can't decide later that they weren't good enough. HHJP's got this. Don't worry.

I don't think she knows they are doing a bad job - she sits in the hearings and seems to zone out unless it's all about her. Maybe she will pay more attention when we get closer to trial but right now....:waitasec:

I just popped to AZ's thread to ask if she can give us some examples of ineffective counsel....
 
Ah, the Ginzu Motion! I wonder if Jose realizes that he's been sliced and diced?
 
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