Author Topic: Motion to Disqualify Lester  (Read 30255 times)

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Offline cboldt

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Re: Motion to Disqualify Lester
« Reply #75 on: August 02, 2012, 09:28:01 AM »
Unless part of the strategy is to drag this out until interest dies down (and a cynic might add various elections are over) at which point it's quietly disposed of either with a plea or dismissal?

As it is now O'Mara can appeal (and I believe has to appeal) Lester's ruling. Then if Lester stays and an SYG is held and not granted, O'Mara can (I believe?) appeal that--with Lester's statements and the motion to disqualify as reasons...and on it goes.

FWIW, I don;t think Lester's alleged bias would be an argument sent to the appeals court, if Lester hears and denies 7876.032 immunity.  I think the allegation of bias either results in disqualification, or, if not, then the (appellate) courts will act as though he is not biased.  Being not biased does not mean his actions are error-free; which leaves open the possibility of error in an immunity hearing.  There are cases where the courts of appeal found immunity where the lower court did not.  If the state does not present clear and convincing evidence that Zimmerman did NOT act in self defense, then THAT would be the basis for reversing a denial of 776.032 immunity.

Offline unitron

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Re: Motion to Disqualify Lester
« Reply #76 on: August 02, 2012, 10:30:31 AM »
Unless part of the strategy is to drag this out until interest dies down (and a cynic might add various elections are over) at which point it's quietly disposed of either with a plea or dismissal?

As it is now O'Mara can appeal (and I believe has to appeal) Lester's ruling. Then if Lester stays and an SYG is held and not granted, O'Mara can (I believe?) appeal that--with Lester's statements and the motion to disqualify as reasons...and on it goes.

I'm beginning to think you and I may have some common ground with regards to what the state is actually up to.

Offline FromBelow

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Re: Motion to Disqualify Lester (Three-judge panel named in appeal)
« Reply #77 on: August 14, 2012, 10:30:12 AM »
I'm not sure if this is the best place for this but it seems to continue with the motion to disqualify Lester.

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The three appeals court judges who must decide whether or not murder suspect George Zimmerman deserves a new trial judge were named today.

They include two former Orlando judges and one from Brevard.

The Orlando judges are Alan Lawson and Jay Cohen. The one from Brevard is Kerry Evander.

This seems fast to me. Does anyone know anything about these people?

http://articles.orlandosentinel.com/2012-08-14/news/os-george-zimmerman-appeal-20120814_1_george-zimmerman-trayvon-martin-special-prosecutor-angela-corey

Offline FromBelow

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Re: Motion to Disqualify Lester (petition pdf link)
« Reply #78 on: August 14, 2012, 10:45:14 AM »
The petition for writ of prohibition posted on the gzlegalcase site:


http://184.172.211.159/~gzdocs/documents/writ/petition_for_writ_of_prohibition.pdf

Offline FromBelow

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Re: Motion to Disqualify Lester
« Reply #79 on: August 14, 2012, 11:17:42 AM »
IANAL, but this petition looked pretty convincing to me. Can't wait for the lawyers to  offer their opinions. I'm still wondering what the 500-600 pages of attachments MOM mentioned consist of. That would almost be complete transcripts of the hearings, wouldn't it? I wonder if it will become available as well.

Offline TalkLeft

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Re: Motion to Disqualify Lester
« Reply #80 on: August 14, 2012, 03:18:09 PM »
The 5th Circuit DCA entered an order today saying it won't stay the case between now and August 23. I think it is ordering  a writ to show cause to Judge Lester and the State as to why the petition shouldn't be granted and their replies are due August 23.  It  says "without reply."  I assume it's saying Zimmerman cannot reply to either.

Case Number:  5D12-3198

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ORD-Writs Show Cause w/out Reply. BY THURSDAY, AUG. 23, 2012 BY 5:00 PM;ORDER SHALL NOT STAY PROCEEDINGS IN LOWER TRIBUNAL RELATIVE TO THIS CAUSE

81.021 Prohibition; supersedeas.

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If in its judgment a prima facie case is made, the court shall issue an order directed to the body presuming to exercise jurisdiction and to plaintiff to show cause why the writ of prohibition should not issue. The order is a supersedeas and shall be served on the body presuming to exercise jurisdiction and the parties at such time as the court directs and those served shall defend within the time set in the writ. In case of failure to make an answer, it may be enforced by contempt.

If anyone has a different interpretation, please let us know -- this is pretty far afield of my usual practice.

Offline TalkLeft

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Re: Motion to Disqualify Lester
« Reply #81 on: August 14, 2012, 03:20:01 PM »
the attachments are up on GZ legal case, they include transcripts.

Offline FromBelow

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Re: Motion to Disqualify Lester
« Reply #82 on: August 14, 2012, 03:27:11 PM »
Maybe this is helpful.

Quote
Jeff Weiner
‏@JeffWeinerOS
Update: Appeal court has ordered the state to provide a response to #GeorgeZimmerman's appeal by Aug. 23. #TrayvonMartin

https://twitter.com/JeffWeinerOS/status/235455775328329728

Quote
Jeff Weiner
‏@JeffWeinerOS
Notable: Appeal court wasted no time asking for state's response, and gave only 9 days (20 is typical, according to DCA). #GeorgeZimmerman

https://twitter.com/JeffWeinerOS/status/235458777032294400
« Last Edit: August 14, 2012, 03:30:24 PM by FromBelow »

Offline Cylinder

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Re: Motion to Disqualify Lester
« Reply #83 on: August 14, 2012, 03:37:50 PM »
Is this something that will be argued in front of the district court or is it typically argued by motion?

Offline Kyreth

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Re: Motion to Disqualify Lester
« Reply #84 on: August 14, 2012, 04:05:44 PM »
The 5th Circuit DCA entered an order today saying it won't stay the case between now and August 23. I think it is ordering  a writ to show cause to Judge Lester and the State as to why the petition shouldn't be granted and their replies are due August 23.  It  says "without reply."  I assume it's saying Zimmerman cannot reply to either.

I'm guessing just as much as you are I think, but my interpretation was that the Defense's Writ shows cause for prohibition without the State's reply.

Offline FromBelow

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Re: Motion to Disqualify Lester
« Reply #85 on: August 22, 2012, 06:05:12 PM »
Quote
I know some of you like to have the docs, so here's the DCA's order setting tomorrow's deadline for state's response
https://twitter.com/JeffWeinerOS/status/238392267407257600

http://www.5dca.org/Clerk/George%20Zimmerman%2012-3198/12-3198_Ord-writs_show_cause_w_o_reply.pdf


Offline DebFrmHell

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Re: Motion to Disqualify Lester
« Reply #86 on: August 22, 2012, 08:21:16 PM »
https://twitter.com/JeffWeinerOS/status/238392267407257600

http://www.5dca.org/Clerk/George%20Zimmerman%2012-3198/12-3198_Ord-writs_show_cause_w_o_reply.pdf

I have a thousand things to do tomorrow.  I hope the answer comes in early so that naturally makes me think it will be later in the afternoon.

Offline Rumpole

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Re: Motion to Disqualify Lester
« Reply #87 on: August 23, 2012, 08:09:13 AM »
I am not sure where to post this question.
Has anybody seen an update or ruling from Judge Lester on the SYG Motion for Anita Smithey?
News report 3rd August, following the hearing, is last mention I can find. Lester was due to rule after a week I thought.

Offline DebFrmHell

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Re: Motion to Disqualify Lester
« Reply #88 on: August 23, 2012, 02:57:17 PM »
I have a thousand things to do tomorrow.  I hope the answer comes in early so that naturally makes me think it will be later in the afternoon.

What happens if the State doesn't respond in the allotted time?  Now 5pm Eastern.

@Rumpole, I looked at the calendar and it would appear that Lester is gone again until the end of August.  That guy sure does get a lot of time off, IMO.

Offline Rumpole

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Re: Motion to Disqualify Lester
« Reply #89 on: August 23, 2012, 03:43:26 PM »

@Rumpole, I looked at the calendar and it would appear that Lester is gone again until the end of August.  That guy sure does get a lot of time off, IMO.
Thanks  at least I know it's not just me missing it.
Vacation? Again? He is due in court tomorrow on the Zimmerman case.

« Last Edit: August 23, 2012, 03:45:00 PM by Rumpole »

 

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