2010.07.01- Motion for Emergency Hearing

[texaslb218]

IS bringing on Brad Conway in a second. BK on now.

 

[The World According]

The Special Master, often a judge, is someone who would maintain the integrity of the evidence chain of custody and control, while not subjecting the defense members to direct observation by LE. Not in and of itself an unreasonable request for certain types of evidence. Especially if it is just for 2 days.

BUT

I predict HHJP is going to go b@tsh@t on the defense over this sudden "emergency" motion, with insufficient time for the SA to even properly generate a response. What exactly is the reason this needs an emergency determination? Why was it not included with other more normal motions and proceedings?

Too bad the defense can't request Officer Cane, God knows he wont see or hear a thing, let alone have the ability to recollect it if he did!!!

 

[strawberry]

IS bringing on Brad Conway in a second. BK on now.

Who is BK?

 

[countzero]

I don't mean to go OT, but doesn't Cindy's disability run out this month? Wasn't she approved for two years?

Yep, the two years since this began is almost here. I don't remember exactly when we found out she was approved for the two year disability. So she may have a month or more left on it. Anyone......

 

[Bree0372]

This emergency hearing is being discussed on InSessions. Right now BC is talking. Says it isn't an unreasonable request.

Discussion of the actual hearing (when it begins):
[ame="http://www.websleuths.com/forums/showthread.php?t=108255"]2010.07.02 Actual Emergency Hearing Thread - Websleuths Crime Sleuthing Community[/ame]

 

[The World According]

Is the live feed on yet?

 

[texaslb218]

Beth Karas is BK

 

[JSR]

Where did the mention of "ex parte" hearing originate on this thread?
There is nothing in the actual Motion which was filed by the Defense, which says they are asking for an ex parte Hearing (without the Prosecutors). I'm confused???

7/01/2010 Defense Emergency Motion to Appoint Special Magistrate During Inspection of Discovery with Expert Witnesses

http://www.clickorlando.com/download/2010/0701/24113825.pdf

The reason that we thought it might be Ex Parte is because it was filed so late in the day and the hearing was set for the next day. And we hadn't yet seen the motion to find out on the Proof of Service if the SA was served. Typically when a judge sets a hearing that quickly it's because the motion was ex parte.

Once we were able to get our hands on the motion we realized it wasn't ex parte and that all parties had been served. Although it's important to note that in some jurisdictions ex parte papers MUST be served on all parties. And within a certain time period and even in certain manner.

I have a particular judge that requires ex parte motions to be served either personally or via fax and it must be done within a certain time period after filing the papers. It all depends on the jurisdiction and judge.

 

[JBean]

[ame="http://www.websleuths.com/forums/showthread.php?t=108255"]2010.07.02 Actual Emergency Hearing Thread - Websleuths Crime Sleuthing Community[/ame]