Tammi Smith -The Charges

Discussion in 'Gabriel Johnson' started by time, Feb 3, 2010.

  1. saba

    saba New Member

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  2. ChickenPants

    ChickenPants New Member

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  3. saba

    saba New Member

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  4. ChickenPants

    ChickenPants New Member

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    Here is something I found interesting. Not sure how it applies to Tammi, though:

    In law, a motion to stay is a request to temporarily stop a case or halt proceedings. Motions to stay can be used in many different legal situations, from criminal trials to house foreclosures. Stays are typically granted or refused by the judge in charge of a legal case, or the governing legislative body. Although most motions to stay are requested by an attorney, a judge can choose to stay a case without a request in some circumstances.

    There are many different ways a motion of stay can be used in court proceedings. Sometimes, if an action outside the case may affect the participants, a judge may order a stay until the outside situation resolves. For instance, a judge could grant a motion to stay a case until the results of DNA testing are completed or reviewed by an expert. Stays can also be granted if a case is being tried on two levels, such as in both state and federal court. In this instance, a judge may stay a trial to wait for the other trial's conclusion.

    A motion to stay may be imposed if a participant in a case has not complied with a court order. If, for instance, a plaintiff has not paid court fees or put up required collateral, the case may be stayed until this issue is resolved as ordered. Custody cases can be stayed in some regions if appropriate documents have not been filed or verified.
     
  5. artsy1

    artsy1 Well-Known Member

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    BBM

    That is interesting. I have wondered whether the Scottsdale house was put up for collateral when she bonded out in 2010. If so, now that she sold the house, there would be no more collateral for her bond - another new issue.

    Hmm... :waitasec:
     
  6. ChickenPants

    ChickenPants New Member

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    OK IDK if this makes sense. It seems to me that defense would be filing the Motion to Stay in response to Pros Motion for Continuance. Both types of motions would delay the sentencing. So since Pros went first asking for continuance for THEIR purposes, def. answers with theirs; they are obligated to do SOMETHING and it doesn't appear that they have much to work with. If they are basing it on the 703 Order as it would be for the purposes of mitigation....

    Also I wondered if this motion was submitted relative to the fact that due to EJ and Tammi being co-conspirators (although EJ is still "alleged") there are two trials, but they merge into one issue. Could they be using the two separate trials as grounds:

    (There are many different ways a motion of stay can be used in court proceedings. Sometimes, if an action outside the case may affect the participants, a judge may order a stay until the outside situation resolves). I don't know if I am making any sense here.

    I can't see where Prosecution would enter a motion to Stay after ordering a Motion for Continuance.

    And BTW someone else checked and said Judge Kreamer has nothing regarding Tammi on his calendar for July 6??? Would that mean he has approved the continuance? If he orders it, where will that order be posted?
    And if that is so, why would In Session be televising anything on July 6? Confusing.......
     
  7. saba

    saba New Member

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    I just found the sentencing on his calendar. Here's my guess. The State filed for the stay so they could file a special action appeal on the 703 issue.
    Just a guess.
     
  8. daisynae

    daisynae New Member

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    :what::what::what::what::what:
    No wonder they go to law school!
    I guess you have to go, to understand it all,
    But you all do a very good job at all of this!
    I will just wait until Friday July 6th and see what happens!
    :confused::confused::confused:
     
  9. ChickenPants

    ChickenPants New Member

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    Is it on calendar for 7/06?

    That makes sense. State files for a stay because they want to overturn the 703 based on more information? Would the stay supercede their motion for continuance or would it be additional, that's where I am confused. I wish I could see these and read the language!
     
  10. artsy1

    artsy1 Well-Known Member

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    LOL I guess we need a "road trip" to Phoenix so we can read the motions at the courthouse kiosks....
     
  11. ChickenPants

    ChickenPants New Member

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    I just want it to be over with, but I am a court language geek. :rolleyes::rolleyes:
     
  12. saba

    saba New Member

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  13. ChickenPants

    ChickenPants New Member

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    Interesting...so defense submitted ORAL ARGUMENT for Motion to Continue but is submitting OBJECTION/OPPOSITION to Motion to Stay.

    What I am wondering is how these are presented. Are these submitted and argued prior to the sentencing date, or will judge review the written briefs and then hear the arguments on July 6, subsequently making a decision? Can you give an opinion on this? Thanks again for the timely updates.
     
  14. daisynae

    daisynae New Member

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    Happy 4th of July !!!!!

    Have A Great Day! :usa:
     
  15. saba

    saba New Member

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  16. daisynae

    daisynae New Member

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    Thank you for the information!!
    Well I guess that takes care of that.
    They sure are being nice to her!
    :notgood: :maddening:
     
  17. ChickenPants

    ChickenPants New Member

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    Motion to Stay denied....Motion for Continuance still pending.
     
  18. daisynae

    daisynae New Member

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    I love it when things still give us hope! :fireworks2:
     
  19. cmt

    cmt New Member

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    Hello Websleuthers, from a newbie. I'm glad to be able to participate in discussions here with you all.

    I noted that the sentencing is scheduled for 1:pM local which means In Session will be off the air. I haven't been keeping up with their programming, have they mentioned the sentencing or the case? I really would like to see it -- her reactions are quite interesting to say the least.
     
  20. daisynae

    daisynae New Member

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