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PostPosted: Tue May 15, 2012 10:38 am 
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In the hearing Alexandra Hill of the firm Genova Burns represented the Obama campaign. If the story from Conservative News and Views was correct that AnitaMaria posted earlier Angelo Genova will be handling the case.

AnitaMaria wrote:
This story of Obama's lawyer allegedly trying to get the vidoes of the NJ hearing off the internet (good luck with that) is all over the birfersphere. Conservative News and Views, which says it was one of the organizations that taped the proceedings, adds this detail to the story:
Quote:
Alexandra M. Hill is not working on the case of Purpura and Moran v. Obama any longer. Angelo Genova has taken that case over and is handling it personally.
Death threats have come to the firm. Apuzzo told CNAV that Ms. Hill was the main target of these threats.

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PostPosted: Tue May 15, 2012 10:59 am 
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Reality Check wrote:
In the hearing Alexandra Hill of the firm Genova Burns represented the Obama campaign. If the story from Conservative News and Views was correct that AnitaMaria posted earlier Angelo Genova will be handling the case.

AnitaMaria wrote:
This story of Obama's lawyer allegedly trying to get the vidoes of the NJ hearing off the internet (good luck with that) is all over the birfersphere. Conservative News and Views, which says it was one of the organizations that taped the proceedings, adds this detail to the story:
Quote:
Alexandra M. Hill is not working on the case of Purpura and Moran v. Obama any longer. Angelo Genova has taken that case over and is handling it personally.
Death threats have come to the firm. Apuzzo told CNAV that Ms. Hill was the main target of these threats.


Not sure how Putz would know that death threats had been directed at defense counsel....was he bragging when he said that, or outright fabricating it ? His credibility is poor.
Regardless, even though Ms. Hill did fine in the the hearing, it would be wise if this appeal is handled by a more seasoned attorney. If threats were received, I hope Genova Burns retained the services of security professionals to evaluate the threats and trace the source, and perhaps screen mail and calls and provide protection. Those additional security expenses should be included in "costs".
I am glad that Putz is foolish enough to bring this to another level. It makes it possible to turn what was one of the best and most complete birfer smackdowns into a thorough ass kicking.

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PostPosted: Tue May 15, 2012 11:09 am 
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According to The Conservative News and Views article, Ms. Hill's boss contacted Mario and told him about death threats against her. That is why they wanted the videos of the hearing taken down. They were afraid for her safety. She wouldn't be the first--or the last--Obama lawyer to receive a death threat over birfer nonsense.


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PostPosted: Tue May 15, 2012 11:11 am 
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Foggy wrote:
I'm assuming that P.J.A.D. means Presiding Judge of the Appellate Division.

The boss.

And he wants pedal to the metal and wrap up the whole enchilada in 15 days. No, not wrap the enchilada in metal. You know what I mean.


P.J.A.D. does stand for Presiding Judge of the Appellate Division, but of a Part of the Appellate Division, that is, a group annually selected, consisting of four judges, of whom generally three are on a panel. The selection process is random and annual.

The P.J.A.D. spot usually, if not always, goes to the most senior judge on the panel.

This is a pretty generic order on an emergent application. The hearing will probably be telephonic, and an order may be issued orally during the conference and followed with a fax immediately thereafter, sent to the lower court and the parties.

It could very well be a simple form with the "DENIED" checkbox ticked, but I would expect if they are bothering with an oral hearing, there will be at least a brief written explanation.

This will be over before the Putz knows what hit him. There is no real need for removal since the defendants already won, if I remember this case correctly.

Incidentally, you'd be surprised how many people file an EMERGENCY appeal like this and then complain that the briefing schedule is too short. Or maybe not.

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PostPosted: Tue May 15, 2012 11:18 am 
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Loh wrote:
This is a pretty generic order on an emergent application. The hearing will probably be telephonic, and an order may be issued orally during the conference and followed with a fax immediately thereafter, sent to the lower court and the parties.
From Apuzzo's blog post...

Quote:
Finally, the Court scheduled telephonic oral argument for Wednesday, May 30, 2012, at 1:00 p.m. The appeal will be heard and decided by a panel of three Appellate Division judges, Clarkson S. Fisher, P.J.A.D., Linda G. Baxter, J.A.D., and Philip S. Carchman, J.A.D. A copy of the Court’s Order entered by Hon. Judge Carchman on May 14, 2012 may be read here,

http://www.scribd.com/puzo1/d/93589363- ... on-5-14-12 .

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PostPosted: Tue May 15, 2012 11:23 am 
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realist wrote:
Foggy wrote:
Four days to prepare an appellate brief is not a lot of time. He's not going to have a lot of time to play on John Woodman's blog this week. And he'll be wondering WHY the big hurry on this.


As I understood it, Mario requested an expedited scheduling. He got it.


If an emergent application is not immediately denied (for some reason like no appealable order or some other fatal defect), it is customary to grant an accelerated briefing schedule. This is how it happens every time. I note the other side gets somewhat longer to reply. Often, there is one day for both parties.

Emergent practice in New Jersey is largely form-based. Here are some of the forms. Search within for "emergent" to get down to the forms the Putz used.

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"[T]he American people, taking one with another, constitute the most timorous, sniveling, poltroonish, ignominious mob of serfs and goose-steppers ever gathered together under one flag in Christendom since the end of the Middle Ages, and. . .they grow more timorous, more sniveling, more poltroonish, more ignominious every day." H.L. Mencken


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PostPosted: Tue May 15, 2012 11:52 am 
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Since the appeal is not to the ruling by a lower judicial court but to appeal the ALJ and SoS decision, will the SoS have any input or be represented in the appeal process ?
Is Putz not limited to an appeal based upon there being a defect in the hearing process, and he is not allowed to rehash the same case in the appeals court ? He seems to plan to re-submit the exact same pile of "internet rumors, suspicions, and political propaganda" and re-argue the same points. He got his "totality" heard and each part of it was weighed on the merits, and he lost fair and square. There is no new "evidence", no new conditions, no additional arguments that he can present - and there were no defect in the ALJ process.

100% paper terrorism....a way to suck a few more bucks out of his client, the deranged little Purple racist.

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It is not clear, how these two individuals merge into one person. It is not clear, who came back from Indiana, Orly Taitz or Lena. We have no idea, who is residing in the Taitz house: is it Orly Taitz or is it
Lena Lettmifeeenisch ? If it is Lena, what, happened to Orly Taitz ?
Lila Dubert


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PostPosted: Tue May 15, 2012 1:07 pm 
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Foggy wrote:
I'm assuming that P.J.A.D. means Presiding Judge of the Appellate Division.

The boss.

And he wants pedal to the metal and wrap up the whole enchilada in 15 days. No, not wrap the enchilada in metal. You know what I mean.

I suspect there's a reason for all that, and it's not because they plan to take the President off the ballot. I think Mario better be mighty damned careful what he writes in this brief, but I know he won't be.

I dunno. I smell the hammer. Been wrong before, though ...




Freepers have a different take on this:

The NJ Appeals Court has accelerated the ballot appeal, something they didn't have to do if they didn't see some merit in Apuzzo's brief. The timing could line up near the next Sheriff Arpaio presser. NJ is right next to the NYC MSM center, so coverage might actually occur.

1 posted on Tuesday, May 15, 2012 6:45:35 AM by Seizethecarp


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PostPosted: Tue May 15, 2012 1:09 pm 
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So the MSM will be covering the telephone call by which this matter is argued and dismissed on May 30th?

The FReepers are freebasing again.

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PostPosted: Tue May 15, 2012 1:09 pm 
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Citizen Like Obama wrote:
Foggy wrote:
I'm assuming that P.J.A.D. means Presiding Judge of the Appellate Division.

The boss.

And he wants pedal to the metal and wrap up the whole enchilada in 15 days. No, not wrap the enchilada in metal. You know what I mean.

I suspect there's a reason for all that, and it's not because they plan to take the President off the ballot. I think Mario better be mighty damned careful what he writes in this brief, but I know he won't be.

I dunno. I smell the hammer. Been wrong before, though ...




Freepers have a different take on this:

The NJ Appeals Court has accelerated the ballot appeal, something they didn't have to do if they didn't see some merit in Apuzzo's brief. The timing could line up near the next Sheriff Arpaio presser. NJ is right next to the NYC MSM center, so coverage might actually occur.

1 posted on Tuesday, May 15, 2012 6:45:35 AM by Seizethecarp


:roll:

bozos

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PostPosted: Tue May 15, 2012 1:40 pm 
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Maybe the Freepers are thinking a telephonic hearing is where they dress up in the robes and wigs and speak in a fake British accent, just like they've seen on their telephonivisions.

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It is not clear, how these two individuals merge into one person. It is not clear, who came back from Indiana, Orly Taitz or Lena. We have no idea, who is residing in the Taitz house: is it Orly Taitz or is it
Lena Lettmifeeenisch ? If it is Lena, what, happened to Orly Taitz ?
Lila Dubert


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PostPosted: Tue May 15, 2012 2:12 pm 
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Citizen Like Obama wrote:
Freepers have a different take on this ...
Sadly, my take on it wasn't any more accurate than Seizethecarp's, if you read Loh's posts above. I didn't realize (or had forgotten) that Putzo ASKED for the sped-up briefing schedule.


My analysis is no better than a Freepers! Now I have to kill myself! :-({|= :((

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PostPosted: Tue May 15, 2012 2:15 pm 
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Foggy wrote:
Citizen Like Obama wrote:
Freepers have a different take on this ...
Sadly, my take on it wasn't any more accurate than Seizethecarp's, if you read Loh's posts above. I didn't realize (or had forgotten) that Putzo ASKED for the sped-up briefing schedule.


My analysis is no better than a Freepers! Now I have to kill myself! :-({|= :((


Ahem!!

viewtopic.php?f=88&t=7503&start=350#p376560

Now you haz ta kill yourself twice. :lol:

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PostPosted: Tue May 15, 2012 2:22 pm 
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#-o

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PostPosted: Tue May 15, 2012 2:30 pm 
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A Legal Lohengrin wrote:
realist wrote:
Foggy wrote:
Four days to prepare an appellate brief is not a lot of time. He's not going to have a lot of time to play on John Woodman's blog this week. And he'll be wondering WHY the big hurry on this.


As I understood it, Mario requested an expedited scheduling. He got it.


If an emergent application is not immediately denied (for some reason like no appealable order or some other fatal defect), it is customary to grant an accelerated briefing schedule. This is how it happens every time. I note the other side gets somewhat longer to reply. Often, there is one day for both parties.

Emergent practice in New Jersey is largely form-based. Here are some of the forms. Search within for "emergent" to get down to the forms the Putz used.


Why would the court use 'sua sponte' if Mario asked for it?

Mario applied for leave of court to file an emergent motion, rather than granting the motion, they granted the emergent part.

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PostPosted: Tue May 15, 2012 2:40 pm 
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nbc wrote:
Why would the court use 'sua sponte' if Mario asked for it?

Mario applied for leave of court to file an emergent motion, rather than granting the motion, they granted the emergent part.


Perhaps Mario was too dumb to know what he was asking for. An emergent application is by definition a request for the matter to be heard more rapidly than an appeal in the normal course. When the matter, by its very nature, indicates time is of the essence, that speaks for itself.

While a party often explicitly requests the briefing schedule be accelerated, most parties (and many attorneys) have never filed such an application before, and often forget to do so. The judge handling the appeal, if doing anything not explicitly requested, will as a matter of course note that it is on the court's own motion.

The New Jersey Appellate Division processes emergent applications very quickly, when warranted, immediately upon receipt. However, the vast majority of applications for emergent relief, Mario might be saddened to note, are not granted.

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PostPosted: Tue May 15, 2012 2:43 pm 
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Quote:
Why would the court use 'sua sponte' if Mario asked for it?

Mario applied for leave of court to file an emergent motion, rather than granting the motion, they granted the emergent part.


Simply because they found his request to file a motion to expedite to be well taken, (as they noted in the order) and rather than go through the exercise of granting the request to file the motion they ordered, sua sponte, that the appeal be expedited.

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PostPosted: Tue May 15, 2012 2:50 pm 
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realist wrote:
I'd bet dollars to donuts he already has his brief written (and I'll also bet it's not very brief).


What's the over/under on this one? 125 pages?

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PostPosted: Tue May 15, 2012 2:59 pm 
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Mikedunford wrote:
realist wrote:
I'd bet dollars to donuts he already has his brief written (and I'll also bet it's not very brief).


What's the over/under on this one? 125 pages?


If he wants his brief to be stricken for failing to obey the page limits, yes.

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PostPosted: Fri May 18, 2012 3:56 pm 
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Apuzzo was suppose to file his appeal today...any news?

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PostPosted: Fri May 18, 2012 4:03 pm 
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Jim wrote:
Apuzzo was suppose to file his appeal today...any news?



He said he filed it last week.

http://puzo1.blogspot.com/

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PostPosted: Fri May 18, 2012 4:18 pm 
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BFB wrote:
Jim wrote:
Apuzzo was suppose to file his appeal today...any news?



He said he filed it last week.

http://puzo1.blogspot.com/


Bummer, no links for our reading pleasure?

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PostPosted: Fri May 18, 2012 4:29 pm 
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Jim wrote:
BFB wrote:
Jim wrote:
Apuzzo was suppose to file his appeal today...any news?



He said he filed it last week.

http://puzo1.blogspot.com/


Bummer, no links for our reading pleasure?


Well, he laid out what his appeal was on his blog.

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PostPosted: Fri May 18, 2012 4:53 pm 
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BFB wrote:
Jim wrote:
Apuzzo was suppose to file his appeal today...any news?



He said he filed it last week.

http://puzo1.blogspot.com/


He did. The results are earlier in this thread (scroll back). He is supposed to file a brief today.

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PostPosted: Fri May 18, 2012 5:00 pm 
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Mario is a sucker for additional legal punishment... Fascinating...

A Legal Lohengrin wrote:
BFB wrote:
Jim wrote:
Apuzzo was suppose to file his appeal today...any news?



He said he filed it last week.

http://puzo1.blogspot.com/


He did. The results are earlier in this thread (scroll back). He is supposed to file a brief today.

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