2011.01.06 Baez Slapped with Formal Sanction

[sleutherontheside]

A copy of the OC Bar Association guidelines for decorum etc....

http://www.ninthcircuit.org/programs-services/court-resource-center/downloads/OCBAStandardsofProfessionalism.pdf

 

[logicalgirl]

In the motion for reconsideration, CM in closing makes reference to Smith v State 873 So 2d 585 (3DCA 2004.)

http://www.3dca.flcourts.org/opinions/3D05-2474.pdf
Interesting.
I thought it read like a veiled threat...now I'm convinced.

Thank you for that LancelotLink - and I can understand the argument here but isn't there a huge difference between a criminal contempt of court charge and a sanction?

CM seems "overwrought" with this sanction and it isn't even against him (yet).

 

[LancelotLink]

An aside....after reviewing several traffic reports for the Exit 83A area and Eastbound I-4.......I am inclined to believe that "on the record" traffic delays were used as an excuse here. http://articles.orlandosentinel.com/2010-12-14/sports/os-traffic-orlando-20100609_1_exit-82a-crash-colonial-drive

http://articles.orlandosentinel.com/keyword/westbound-i-4

It's not like the ONLY access to the OC Courthouse was "thwarting" any particular driver. One can simply exit I-4 and take various "off ramp" Streets and Avenues to reach a destination. Unless of course....time is NOT a priority.

Exactly. I imagine traffic was running smoothly earlier? So, if he had left 2 hours before lunch hour instead of rush hour...just like Zanny. If only she had left the Hard Rock a little sooner, she would not have been in that accident...oh wait...:liar:
I think I just bifurcated all over myself.

 

[Kimmer]

Well I wonder now that CM and JB has read Smith v State if they will quit interrupting HJBP?

 

[LancelotLink]

Thank you for that LancelotLink - and I can understand the argument here but isn't there a huge difference between a criminal contempt of court charge and a sanction?

CM seems "overwrought" with this sanction and it isn't even against him (yet).

Overwrought is a perfect description. The Saggy Saga Continues.
Basically, CM is telling HHJBP that he overstepped his bounds, misunderstood, misapplied.
Can't wait till Friday!!
:lol:
:gavel::cool2::butthead:

 

[Ssejors]

roflmao - from page 3:

".....specified the five specific things that the defense was now being required to do. They are as follows:

i. blah, blah, blah

i. yada, yada, yada

ii. boo hiss, boo hiss

iii. yawn, yawn, yawn

iv. they.still.cannot.count!!!

back to reading...

TY TY TY TY TY!!

OMG!!! POST OF THE DAY!!! (it was yesterday but I'm just catching up now!)

Definitely deserves a bump! LOL!!

 

[Mrs G Norris]

OK they are def trying to pick a fight with HHJBP now ... still think he wont bite, but oh how they must want him off this case before trial. Wont happen, HHJBP is your judge fellas and ain't nuthin' gunna change that now. Eat crow.

 

[QB.]

I have a question, since tommorrow is the date that the sactions is due to be paid by, and the hearing is Friday if JB does not pay by tommorrow will he be in trouble?

That's a good question. I believe the order stated JB had 5 days from the date of the order to contest the amount of the sanctions. Didn't the defense file this motion on the 5th day? So I'm not sure if he is defying the court order if he doesn't pay by end of day tomorrow.

 

[Cher352]

I have a question, since tommorrow is the date that the sactions is due to be paid by, and the hearing is Friday if JB does not pay by tommorrow will he be in trouble?

Saw a blurb on local WFTV's 6pm evening news saying the fine was paid today. Haven't seen it reported on any website yet though.

 

[logicalgirl]

Okay, so I have a question for all of you that has me saying :waitasec:

First, let's agree this sanction is about Baez not filing complete reports (or any) on his descriptions of expert witnesses to the state, plus entirely missing the filing to the court date.:loser: No problem, right?

AZLawyer has just said Dr. Spitz did the second autopsy six days after Dr. G. did hers, in December of 2008! So are you telling me Mason is using a report from an expert on an examination done TWO YEARS AGO as his excuse for late filing and fighting this sanction? :banghead::banghead::banghead:

Somebody help me out here because this head banging hurts!:maddening:

 

[sleutherontheside]

In the motion for reconsideration, CM in closing makes reference to Smith v State 873 So 2d 585 (3DCA 2004.)

http://www.3dca.flcourts.org/opinions/3D05-2474.pdf
Interesting.
I thought it read like a veiled threat...now I'm convinced.

Not only did CM reference Smith v. State 873 So 2d 585 (3DCA 2004)...but now we can likely assume that CM invited Ret. Judge Eaton to sit in on the hearing.

HHJP likely saw through the "implied" message that CM was trying to send, and thus called CM's attention to the "early" departure of Eaton.

 

[logicalgirl]

Not only did CM reference Smith v. State 873 So 2d 585 (3DCA 2004)...but now we can likely assume that CM invited Ret. Judge Eaton to sit in on the hearing.

HHJP likely saw through the "implied" message that CM was trying to send, and thus called CM's attention to the "early" departure of Eaton.

The plot as they say - thickens!

 

[Numbers]

The plot as they say - thickens!

The plot hath been thick for a while. Baez is thick and Mathon ith thick, too. Tho ith their client.

 

[Numbers]

Okay, so I have a question for all of you that has me saying :waitasec:

First, let's agree this sanction is about Baez not filing complete reports (or any) on his descriptions of expert witnesses to the state, plus entirely missing the filing to the court date.:loser: No problem, right?

AZLawyer has just said Dr. Spitz did the second autopsy six days after Dr. G. did hers, in December of 2008! So are you telling me Mason is using a report from an expert on an examination done TWO YEARS AGO as his excuse for late filing and fighting this sanction? :banghead::banghead::banghead:

Somebody help me out here because this head banging hurts!:maddening:

A. Some of the telegraph wires were down, thwarting Spitz's efforts to get the report in on time. Took the homing pigeon a couple years to find Kissimmee.

B. He had a *report??* Did Baez mistruth about this??

 

[logicalgirl]

A. Some of the telegraph wires were down, thwarting Spitz's efforts to get the report in on time. Took the homing pigeon a couple years to find Kissimmee.

B. He had a *report??* Did Baez mistruth about this??

I may have "misspoke" about the report but I can't see Mason relying on a telephone conversation he had last week with Dr. Spitz - so yup, this is a "report" the defense has had laying around for a couple of years.

 

[LancelotLink]

Not only did CM reference Smith v. State 873 So 2d 585 (3DCA 2004)...but now we can likely assume that CM invited Ret. Judge Eaton to sit in on the hearing.

HHJP likely saw through the "implied" message that CM was trying to send, and thus called CM's attention to the "early" departure of Eaton.

I agree!!

 

[Purple Iris]

Exactly. I imagine traffic was running smoothly earlier? So, if he had left 2 hours before lunch hour instead of rush hour...just like Zanny. If only she had left the Hard Rock a little sooner, she would not have been in that accident...oh wait...:liar:
I think I just bifurcated all over myself.

There are always the toll booth tickets, or the Florida Pass things that could be checked out and verified as well.

Course, that would take court orders I suppose, etc, and there's no need for it because it is as plain as day that they lied through their grinning teeth; not only in open court, but, then written on a signed and notorized motion.

And, they just fluff it off because well, they just think that they can since they have gotton away with so much in this case to date.
They are just "double-dog-daring" the judge to take a bite on the bones that they are tossing out there.

 

[logicalgirl]

There are always the toll booth tickets, or the Florida Pass things that could be checked out and verified as well.

Course, that would take court orders I suppose, etc, and there's no need for it because it is as plain as day that they lied through their grinning teeth; not only in open court, but, then written on a signed and notorized motion.

And, they just fluff it off because well, they just think that they can since they have gotton away with so much in this case to date.
They are just "double-dog-daring" the judge to take a bite on the bones that they are tossing out there.

Up here in Canada we refer to this as Really pushing your luck!:innocent:

 

[Mrs G Norris]

I am sorry, but if what is in this motion is all the court is going to get re expert witness testimony then Baez is still non-compliant in my mind at least. I expected a lot more information.

 

[LancelotLink]

There are always the toll booth tickets, or the Florida Pass things that could be checked out and verified as well.

Course, that would take court orders I suppose, etc, and there's no need for it because it is as plain as day that they lied through their grinning teeth; not only in open court, but, then written on a signed and notorized motion.

And, they just fluff it off because well, they just think that they can since they have gotton away with so much in this case to date.
They are just "double-dog-daring" the judge to take a bite on the bones that they are tossing out there.

Could this load of twaddle disguised as a motion to reconsider be considered perjury, or could the statements CM and JB made in explanation for missing the deadline be considered perjury?
Personally, I believe the reason JB filed what he filed when he filed it can be summed up with a big ole immature pout fest and pity party!