What Should OA Cover This #RapidResponseFriday?
Added 2024-03-20 18:19:57 +0000 UTCHey folks, since last week's post was a massive success, let's make it a weekly tradition! We've got a lot of news we're tracking, but what do you want to hear OA cover for Friday?
Please let us know! And also, please use that heart button on comments to give us an indication of numbers, so we can gauge interest!
And, if you have specific legal questions on a given topic, feel free to comment with them!
Comments
I thought the crime wasn't in the taking of the documents but in the refusal to return them and trying to hide how many there were etc. Those actions happened in Florida.
Kat Morris
2024-03-27 03:48:09 +0000 UTCTexas SB 4. I’m sure Matt is salivating. A contrast/elevation from AZ’s SB 1070.
Austin Flake
2024-03-25 19:29:20 +0000 UTCHi Drew, just answering directly here because this one is fairly straightforward. In footnote 8 of the decision in which McAfee laments that GA doesn't have this option he quotes Ward v. State (1988): "A "bill of particulars" is not a recognized pleading in the state of Georgia." I checked the cite and this seems like a fair summary of the holding. Apparently MA is in the minority of states which still use the BOP because that's probably how they did things in 1628 or whatever (we seriously have so many things that go back to colonial law), so whether it's still technically common law or not it's not going to get you too far most places outside of the federal system apparently.
Matt Cameron
2024-03-21 18:44:40 +0000 UTCAre you asking for legal advice from a podcast?
Guy Chapman, the Solutions Archaeologist
2024-03-21 18:06:52 +0000 UTCMaybe not for RRF, but can we have something on People of Michigan v. Stephanie Lambert Junttila? This is the case where not-Byrne's-attorney-yet Stephanie Lambert filed documents from protected discovery in Dominion v. Byrne, to which she should have had no access at all, in open filings in the Michigan case. This might also provide a case study in whether the bar can actually get someone disbarred in less than geological time.
Guy Chapman, the Solutions Archaeologist
2024-03-21 18:06:13 +0000 UTCDo Nken factors play any part in granting a temporary administrative stay? How long can a temporary administrative stay remain in effect until an appellate court must decide whether or not to grant a stay pending appeal?
Shad Riley
2024-03-21 12:56:10 +0000 UTCyeah, I was trying to think of it like - if someone steals from your house in California, and they take your stuff to Florida - notwithstanding the police would never actually find your stuff - but if you did find the thief, the police who did all the detective-ing in California wouldn't take it to a court in Florida, would they? Maybe Federal vs State crimes, and the nature of the documents thieving crime itself as you say Chris, give us what we've got
I am a philosophical hole
2024-03-21 03:32:34 +0000 UTCI believe the argument there is, he had the authority to order the documents moved out of the White House while he occupied it. He did not have the authority to keep them in FL after noon on inauguration day.
Chris Conley
2024-03-21 02:35:12 +0000 UTCAppealet could always decline. This is not a guaranteed appeal interlocutory even with his grant. So cross your fingers
John of the bankruptcy pirates
2024-03-21 02:24:41 +0000 UTCI don't think you should look to RapidResponseFriday for legal advice.......
Cheers to The Onion, the greatest media outlet in the history of humankind
2024-03-21 01:51:53 +0000 UTCThe Supreme Court and SB4
Pax Ongley
2024-03-21 01:44:31 +0000 UTCI work at a food bank. A stupid client got out of her car, which was in drive, and ran over a pallet of lettuce and injured a 16 year-old volunteer. Is there any language in a risk waiver that could legally indemnify us in such a case? What measures would we need to show that we have taken to prove that the fault was totally on the client, not on us for putting on the event?
We can feed everybody
2024-03-21 01:26:51 +0000 UTCThe two "options" for jury instructions given by "Judge" Cannon.
Chris Jones
2024-03-21 01:20:53 +0000 UTCDid I hear correctly that some republican is sueing Clarence Thomas for not paying taxes properly? Is that going anywhere? How would that work?
Meridaandmouse
2024-03-20 23:48:55 +0000 UTCWe need a "Yodel Mountain" segment counting down until Jack Smith tries to get Cannon booted from the case.
Sam Johnson
2024-03-20 22:50:38 +0000 UTCIf you could briefly yell about Judge McAfee granting review to Trump & Co in GA so that we all have to keep hearing about the prosecutor's personal lives for another month or two, that'd be great. He probably used a great font for this terrible decision, but could it not have waited until after the trial?
Sam Johnson
2024-03-20 22:47:51 +0000 UTCnothing like exploiting "children" in the NCAA, USA 👍
I am a philosophical hole
2024-03-20 22:02:27 +0000 UTCThings I'd like to hear about: Shitpreme Court decisions; any & all Trump case updates; voting rights cases; ... and, question about something long gone - whilst Trump's secret stolen documents were found in Florida, why couldn't he be charged in a friendlier-to-democracy place like ... where he stole them from - i.e. the White House - Washington DC - ?
I am a philosophical hole
2024-03-20 21:59:30 +0000 UTCinteresting... I wonder whether any precedent he creates - or even if he does /anything/ different to the "norm" - if it also by definition creates appeals opportunities?
I am a philosophical hole
2024-03-20 21:51:45 +0000 UTCI don't know what choices you're talking about 😔 ... okay, reading upwards to other questions - apparently Cannon gave Jack Smith a choice, probably that
I am a philosophical hole
2024-03-20 21:48:22 +0000 UTCThere was a Mafia case where a court sanctioned a defendant for threatening witnesses by making him pay for their personal security during trial.
Dreadsen
2024-03-20 21:23:29 +0000 UTCWhat about the report out of the senate detailing how SCOTUS is changing case history to suit their narrative.
Another Minneapolitian
2024-03-20 21:00:24 +0000 UTCThis has been on my radar for sure, not for next week but something i want to talk about
Matt Cameron
2024-03-20 20:52:39 +0000 UTCI second this....mostly because I live here and Matt's forte is immigration. Plus, with the appeals court ruling against Supreme Court...umm how the hell does that work?
NSaneAtheist
2024-03-20 20:31:29 +0000 UTCI'm 100% wanting to have the two "choices" explained. Elsewhere I'm reading that it's a shit sandwich or a shit-and-granola sandwich. Sounds like law talking guys think the whole thing is utterly bizarre and I'd like an uber law talking guy's view of it.
Chris Jones
2024-03-20 20:08:19 +0000 UTCOn the Rapid Response coverage last week Matt read a quote from judge McAfee lamenting he wasn't able to order a bill of particulars. In past OA coverage I've heard a lot of examples of judges being the absolute master of their courtroom (e.g. contempt enforcement). Bills of particulars seem pretty common law-ish-y. They don't clearly violate any fundamental laws, as evidenced by their use elsewhere. Is there any specific constraint or general legal principle that prevents McAfee from using them here or is this just a situation where he is personally not of the disposition to introduce a new procedure or mechanism in this case?
Drew Vogel
2024-03-20 19:36:01 +0000 UTCYES! I would love to better understand what it actually does, is it enforced, etc.
Therese Chan
2024-03-20 18:53:12 +0000 UTCI was not aware of this (I live near Seattle, but IANAL). I second this!
Therese Chan
2024-03-20 18:52:34 +0000 UTCThe TX immigration law back and forth.
Andy the Dandy
2024-03-20 18:47:27 +0000 UTCI'd like to see coverage about the Crumbley series of cases, wherein a school shooter (Ethan Crumbley) killed 4 classmates. His parents, Jennifer and James Crumbley, are being held responsible for his actions. Jennifer had already been found guilty on 4 counts of manslaughter, and James, tried separately, was convicted for the same offenses as of the Mar 14th. This seems novel, to prosecute parents for the actions of their kids. What does it mean for the legal profession? What does precedent does it set? What does it tell us about the human condition?!
Argle bargle, claptrap and jibber-jabber
2024-03-20 18:44:19 +0000 UTCI was very interested in the Supreme Court disinformation cases this week, in addition to the sb4(which now seems more like a procedural beef they were having with the 5 circuit)
Steve S
2024-03-20 18:41:46 +0000 UTCThe news about "corpus linguistics" and right-wing judges' intentional cherry picking and misapplication of history.
G. T. Blackwell
2024-03-20 18:41:11 +0000 UTCCannon and the "choice" she apparently gave Jack Smith. Is now finally the time for her to be removed from the case?
Laura Barton
2024-03-20 18:39:51 +0000 UTCPerhaps a bit on the bouncing back and forth on Texas SB 4.
KAS
2024-03-20 18:30:51 +0000 UTCJudge Cannon’s ultimatum to Jack Smith.
John Williamson
2024-03-20 18:30:32 +0000 UTCWhy does it seem like it's only when wealthy and powerful people commit crimes that the justice system is concerned with intent and whether or not the person knew they were commiting a crime?
The Chrisbe
2024-03-20 18:29:12 +0000 UTCThe back and forth over the Texas immigration law - allowed to go into effect by SCOTUS but then put on hold again by the 5th Circuit. Would love some explanation as to what on earth is going on there.
Liam Child
2024-03-20 18:29:02 +0000 UTCWhat that judicial conference action did w respect to forum shopping and nationwide injunctions by RWNJ judges.
Gmork
2024-03-20 18:27:21 +0000 UTCNCAA women's tennis player had to forfeit $48k in US Open prize money to keep playing college tennis: https://www.usatoday.com/story/sports/college/2024/03/19/ncaa-lawsuit-prize-money-amateurism-north-carolina/73024800007/
Professional-Grade In-Car Audio Guy
2024-03-20 18:26:40 +0000 UTCI want to hear your take on the ruling from the Washington State Supreme Court that the bar exam is minimally effective and ultimately discriminatory. They added an alternative method of an apprenticeship with additional courses in school. https://www.thepublica.com/washington-supreme-court-rules-that-bar-exam-no-longer-a-requirement-to-practice-law-cites-impact-on-marginalized-groups/
William Yeske
2024-03-20 18:25:08 +0000 UTCMechanism of civil forfeiture. Can it be appealed? Could it be implemented as a lien on properties then sell the lien?
Kevin R Kelleher
2024-03-20 18:23:36 +0000 UTCHow the levy process works on commercial properties ... In NY asking for someone who isn't a friend
John of the bankruptcy pirates
2024-03-20 18:23:24 +0000 UTCJudge Cannon’s whack-ass jury instruction order. It’ gotten plenty of coverage other places I listen, but I would love to get the OA take on it.
Noah Suess
2024-03-20 18:23:06 +0000 UTC
