Posted on 06/09/2015 10:01:54 AM PDT by Steely Tom
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 the Baltimore 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 District Court.
Curiously, a Mosby spokeswoman refuses to say whether the Prosecutor intends to re-file the motion in District Court, stating,”We’re not going to litigate this case in the media and discuss our trial strategy.”
The notion that prosecutors would need to conceal their “trial strategy” is rather bizarre. Criminal defendants are charged with specific crimes. Those criminal charges have specific elements. Each and every one of those elements must be proven to the satisfaction of the jury beyond a reasonable doubt, and ever the relevant legal defenses must be disproven by the State.
That’s it. That is the State’s trial strategy. That’s how the State gets a conviction. Indeed, that’s the only way.
In addition, the State must share with the defense all incriminating and exculpatory evidence their investigation unearths, well before the trial itself through the discovery process. All of it.
Sure, tactical decisions remain to be made–sequencing the presentation of evidence, and so forth, but the strategy itself is defined by the very structure of criminal due process.
Really, I suppose, it’s not very surprising, as Mosby had essentially zero criminal law experience prior to being elected to her current position as State’s Attorney, and doesn’t appear to have learned all that much in the interval.
As anyone who studied criminal law in law school (all of us lawyers, I imagine) can tell you, it’s a rather dense field of law, and not well-suited to learning on the job with justice on the line.
Keep your eyes here for more fun criminal law hijinks from the office of Prosecutor Marilyn Mosby.
“Once again, Prosecutor Marilyn Mosby seems to be having difficulty grasping fundamentals of the practice of law.”
Having difficulty grasping fundamentals of reality is probably more like it.
IOW, a typical leftist. It isn’t about facts on the ground, it is about how they feeeeeeeeeeeeel.
Thank God above for Conservative Treehouse - another cyber-warrior clan of the Right.
“The notion that prosecutors would need to conceal their “trial strategy” is rather bizarre.”
There it is again, 2nd time I’ve read an article about this where Mosby is linked to the word “bizarre”.
“Mosby had essentially zero criminal law experience prior to being elected to her current position as State’s Attorney”
That might partially explain it.
I recall AA really starting in 1970 for black officers in the Army. That got them to college for a BA or BS and it also included some black Infantry CPT’s with only one tour in RVN and no big hero award. Next they went to the IOAC and then straight to ROTC at a black college. Now, AA and Hispanic auto acceptance in this nation’s best schools have given Obama and Ted Cruz acceptance to Harvard.
This Mosby is a first class racists jackass. She is hiding the real reason Freddie Gray died and it would expose a real communists black method of falsifying and cover up for the purpose of continuing black crap. Blacks are going crazy.
I do taxes for living. I often see what other accountants do on returns. Whenever I see another accountant treat something differently than I would have I refresh my knowledge and never assume I am correct.
If I had knowledge the other attorney filed in a different court I would ask myself: What did I miss?
“As anyone who studied criminal law in law school (all of us lawyers, I imagine) can tell you, it’s a rather dense field of law, and not well-suited to learning on the job with justice on the line.”
Based on her age and demeanor, that’s why potential clients would ask her how long she has been a lawyer if she were in private practice.
At this point it appears that she has not listened or asked for advice from seasoned and well experienced attorneys in her office about this case. Or, maybe all they can do is agree with her neophyte handling of this case. A third year law student would have done better.
Her immediate DA predecessor has publically said that she is in way over her head.
The notion that prosecutors would want to conceal their "trial strategy" is codified in the Maryland Rules of Procedure, which states that "neither the State's Attorney nor the defense is required to disclose (A) the mental impressions, trial strategy, personal beliefs, or other privileged attorney work product." It is not "rather bizarre" for an attorney to refer to the applicable standard when seeking a protective order.
In addition, the State must share with the defense all incriminating and exculpatory evidence their investigation unearths, well before the trial itself through the discovery process. All of it.
That's absolutely not true. The State must share all exculpatory evidence, and certain categories of incriminating evidence, but there is certainly no requirement that the State must share "all of it"--that is, all evidence their investigation unearths.
If this Branca guy wants to criticize Mosby for her incompetence (and there is certainly plenty of room for such criticism), he really should read the applicable Maryland rules first.
Between this Mosby woman and the idiot mayor, Baltimore is doomed. They’re a good example of political correctness/equal opportunity/racial bias gone array. Glad I am where I am (which isn’t all that different BTW but toned down a lot).
It’s time to call My Cousin Vinny!
Yep. CT was all over the zimmerman case. They were THE place to get everything you needed to know.
I understand some of the folks working for her have left or are in process of leaving also............... Probably want to be ahead of the riots.
I believe Ted Cruz would have been easily accepted to any college without AA. The man is head and shoulders above others in his intelligence.
Affirmative Action has blessed us with many less than qualified officeholders, from the pResident on down.
The failings of the left are beginning to take their toll on the very fabric of the United States.
I still want to know who took her Bar exam
That is probably an interesting piece of art work!
Cruz did not need AA to get into Harvard or anywhere else. He is flat out brilliant. Even the left generally agrees. That’s part of why they are already going after him so hard.
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