Wednesday, June 10, 2015

Take it to The Judge!

But remember to take it to the right judge: Baltimore court rejects Mosby’s request for gag order in Freddie Gray case
As you may recall, State Prosecutor Marilyn Mosby recently asked for a gag order preventing the release of the autopsy in the case, as well as barring any discussion in the media of relevant information. It didn’t take long for an answer to come down, and the court has declined her request.

But the reason is probably not what you were first thinking. This wasn’t some comment on the strange nature of asking for the gag order itself… it was because of a technicality. Mosby filed the request with the wrong court. (From Legal Insurrection)
Once again, Prosecutor Marilyn Mosby seems to be having difficulty grasping fundamentals of the practice of law.
Indeed, she’s now reduced to making exactly the same errors she only recently accused opposing counsel of making.
In this most current instance, Mosby’s motion for a gag order on the Freddie Gray case has been rejected, reports theBaltimore Sun (h/t Conservative Treehouse).
The reason? She filed her motion in Circuit Court on May 14, but while the matter was still jurisdictionally in the lower District Court. The matter was not moved into Circuit Court until May 21, a week later.
Ironically, in Mosby’s motion opposing defense counsel’s efforts to have her recuse herself from the case the Prosecutor argued that it was improper of the defense to make that argument in District Court, where the matter then rested, knowing as they did that the case would end up in Circuit Court.
DOH!
One would think the prosecutor would know which court to file with, almost automatically, and failing that, one her staff would.

But then, I guess, you have to consider her legal education:


In the People's Court
Judge Judy's eyebrows practically fly off her forehead as she listens to the facts of the case. She rules for the plaintiff, a young woman with a cardigan tied around her shoulders.

That young woman is none other than Marilyn James, the future Mrs. Mosby, who would one day become the State's Attorney for Baltimore City.

A spokeswoman for the state's attorney's office confirmed that the youthful plaintiff was Mosby.

Mosby, of course, drew national attention this month when she announced charges against six officers in the death of Freddie Gray, a West Baltimore man who suffered a severe spinal cord injury in police custody.

Mosby, 35, would have been a student at Tuskegee University in 2000, when the episode was filmed.
 "My grandmother always told me; beauty fades, but dumb is forever!" 

But she was pretty comfortable in front of the camera, even then.

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