To: calcowgirl; Kenny Bunk
It looks like a typical motion of this type. I'm a little surprised that the judge denied it. I have been involved in cases where the judge seems to be be totally against your client and it can be very disheartening. Hopefully the agents and the attorneys don't get too down. If there is a silver lining to the trial judges rulings against the defendants, it is that every ruling, whether on the motions or evidential, can be a ground for reversal on the appeal. Obviously if the judge grants your motion then it not a point for appeal whereas if the judge denies the motion that is one more point of error for the appellate court to consider. I have cases where the trial judge goes so overboard for one side that he creates reversible error for the case. Sometimes one error may not be enough for a reversal of the case but when there are several, the cumulative effect on the appellate judges can be helpful. As I said on another thread, trying to figure out what an appellate court will do is akin to reading tea leaves.
posted on 02/10/2007 3:45:42 PM PST
To: erton1; Kenny Bunk
Thanks for the info. And thanks for putting KB on the ping--I meant to do that but obviously forgot.
On another note, Ramos appealed to the 5th circuit the judges order denying his request to remain free on bond pending appeal. Any idea how long that process usually takes?
posted on 02/10/2007 4:11:03 PM PST
("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
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