I know everyone is wanting to know what the update is, but right now its hard to say, everything went nuts yesterday. Judge Mary Murphy came down and acted more like the judge Mary Murphy so you think you can dance, yesterday. After reading Bill's obvious attempt to circumvent justice by claiming that Judge Carroll is biased just before he issues his ruling, Murphy decided to put on her tinfoil cap and play the insane game with Bill. She was going to grant his motion for continuance and allow Bill discovery (which is the legal equivalent of giving a terrorist a bomb) for his utterly baseless claims. With Murphy's intention to grant the continuance apparent, Judge Carroll decided to recuse himself. This was the only possible way to try and save the anti-slapp ruling he was in the process of making in favor of Sean Fleming. Had Bill been granted a continuance as Judge Mary intended, this would have blown way past the strict deadline of the 20th that was needed to issue the ruling per TX rules on anti-slapp.
So then its off to the 378th court and Judge Joe Grubbs who quickly said he wanted no part of this circus (and who can blame him). So, as it stands today, there is a hearing at 1:30 with former 40th District Judge Gene Knize presiding. But what happens if Judge Knize adheres to the law which means Bill will claim he is biased? The situation is fluid. Clearly Judge Mary had no clue what she was dealing with and more importantly who she was dealing with in terms of Windsor. This is one of the main reasons Bill has been able to survive in court as long as he has....he feeds off of a new judges' naivety in terms of not knowing the monster they have before them. Windsor capitalized on this with Judge Carroll initially as well, as Carroll made mistakes in terms of the anti-slapp timelines and requirements. He was trying to atone for those mistakes by issuing this ruling but he didn't get any help from wild card Mary. Now he is out and no one seems to want to hold the hot potato. Bill got to yell bomb in a movie theater and no one reprimanded him.
Yep, it was a very destructive day yesterday. Did Judge Mary NOT hear about the appeal Windsor filed way before it was appealable? Did she really NOT get that this was a stall tactic to coincide with the appeal to blow the time frame? Did she NOT know that he was labeled a vexatious litigant who files repetitive frivolous filings as noted by NUMEROUS Judges? O.M.G!
ReplyDeleteMonkeys--footballs--unbelievable!
So, Windsor's standard operating procedure when making a mockery of the Judicial system, by attacking every Judge that sees through him, and rules against him, was actually rewarded yesterday? Wow.
DeleteLet see, he pulled this in GA and MT, and now TX. Going so far as to try and get protective orders against the GA Judges? I mean, numerous Judges? How can anyone not connect the dots here? It's his documented history!
I think you're both wrong. I think this was a very smart move by Murphy and Carroll to ensure whatever ruling comes out in support of the anti-SLAPP motion will be bulletproof. Had things not gone down this way, Bill likely could've tangled things up further and dragged this out longer. The decisions yesterday effectively discarded the tangled ball of yarn in favor of a new one. I'm nowhere near ready to declare yesterday a disaster and defeat. I look at it like the union at the battle of Gettysburg, day one. Yes, the other side appeared to make significant gains, but failed to win outright and sowed the seeds for their eventual destruction.
ReplyDeleteI think by the end of today, Bill will be like Bobby Lee the evening of July 2, 1863, wondering what the hell happened and what he was going to do next.
I'm with you MrSpkr and I agree with your assessment that this will bulletproof the court's decisions in Ellis County with respect to Windsor. He THINKS he's gained ground, but what's going on will show itself soon. Hang on ladies and gentlemen (drumroll). We'll know the outcome soon.
DeleteYes, the other side appeared to make significant gains, but failed to win outright and sowed the seeds for their eventual destruction.
DeleteExactly. As I mentioned during the Recusapalooza chat, yesterday's proceedings were a Pyrrhic victory for Windsor--nothing more, IMO.
yeah I will admit I have no idea what's really going on here....I'm not an attorney and I don't pretend to play one in cyberspace. Maybe Judge Murphy did a very smart thing, legally speaking. I'm just in utter shock that such an obvious stall tactic was even entertained to that degree resulting in Carroll recusing. To most, untrained observes, it just looks wrong.
DeleteI agree with MrSpkr.
DeleteWindsor hasn't won any ground - he's still on spin cycle.
I agree, MrSpkr. They need to make it obvious Windsor's points have been considered. That needs to be documented.
ReplyDeleteMr speaker small town politics have ensued
ReplyDeleteHow many Texas judges does it take to...
DeleteI don't think small town politics had anything to do with it. The judicial decisions yesterday were what I would hope for in any state district court.
ReplyDeleteAgreed again!
DeleteMy question is why would Judge Murphy say that she was poised to grant a continuance. Obviously she let Carroll know that so that instead of wasting time going "down the rabbit trail" (as the Lawless America folks say), she let Carroll know so that he could facilitate the carriage of justice by allowing another judge to review the case and rule. I guess I just don't understand the point of her disclosure regarding a potential ruling . . . I guess maybe it's just the way she has to rule given the accusations. This is why lawyers don't just have a basic liberal arts education before being thrust out into their profession.
DeleteIn my humble opinion,it was beause she wanted to avoid giving Bill a basis to file an emergency appeal with the Tenth Court of Appeals requesting an immediate stay so he could have discovery on the motion to recuse. By telling Judge Carroll her inclination, she let him connect the dots and do what he could to facilitate moving this along. It's not uncommon for judges to signal which way they are leaning I order to allow litigants and others involved in the process to address an issue appropriately. It's a function of judicial economy in that it keeps folks from wasting time, money and judicial resources unnecessarily.
DeleteI guess the part that confounds me the most is that any of what Bill claimed could be the basis for any kind of appeal
DeleteMr speaker you must be living in a bubble then and or not familiar with the ongoings of Ellis county politics. I suggest not reading this blog but using Google and YouTube. This is nothing more than small town politicing between judges and those who have a discourse over the county elect with an outsider whom injected himself I to it all.
DeleteOK, who is drinking the Koolaid?
DeleteWhat koolaid?
DeleteDoes the person talking about Ellis county politics even live in Ellis county? I have a feeling they don't
DeleteThis is what doesn't make sense to me at all. Why would a guy get to claim bias after he's already argued for almost a year, knowing damn well, he would pull some shady "bias" excuse at the wire, upon a ruling.
DeleteThere has to be some law that would guard against this kind of abuse from Windsor. He chose this court, this Judge and was friends with Dauben and Margetis back in 2012. SMH
Maybe, but I gather Judge Mary had to give the recusal the full inspection before ruling, and that would simply take too long before the deadline. So, skip the inspection and just move to the next judge who can review everything and make a ruling.
DeleteAnd regarding our small town politics person who may have been given Koolaid and told it was Crystal Lite, take this from somebody who grew up in the ultimate small town, it's the same everywhere. I grew up in a small town where my mom knew what I did at school before I got home. Plenty of money, plenty of leaders from the larger surrounding community, half the women didn't "work." People knew each other for generations. It's no different than the big city. People have connections. They may or may not use them. And using them isn't inherently wrong. It's part of life.
DeleteJudges and politicians in towns big or small have a handful of people that they come into contact with regularly, whether it's the person that shouts at every town hall meeting, the guy that's in court over and over, or one of their golfing buddies. They are supposed to set that aside in their ruling. Just like you don't drive over the lawn of your annoying neighbor everyday because you don't like them. Life. None of us live in a bubble.
Ellis County is making a case for giving Bill every opportunity to have each element of his case and arguments inspected. It's painful to watch, and most of us aren't in court often enough to be privy to how it all works. That's not a bad thing. That's why people hire attorneys. It's an intricate system. People like Bill who scream perjury and corruption at every turn just perpetuate the false ideas we have of how the legal system is supposed to work. Painful it may be getting there, the end of the case is what matters.
Yep. Leave it to some idiot who I'd guess lives in Michigan to let the people who live here know what's reall going on. Thank God all us. local hicks have a genius a few thousand miles away to keep us informed.
DeleteThe moronic part of the comment about Ellis county, IMO, is the judge that made the ruling wasn't from Ellis county. If you honestly think you have an understanding of the Ellis county courts from watching YouTube videos by Margetis or Dauben, you might want to become a lemming. They think just like you.
DeletePS, Mary Murphy was appointed by the the Governor of Texas to be presiding judge of the First Administrative Judicial Region. She's just performing a duty that is part of her job. She covers 34, yes 34 counties. That's a pretty wide chunk of the state to be in a "bubble."
Deletehttp://www.txcourts.gov/1ajr.aspx
She's also spent the majority of her career in Dallas County, not Ellis. Dallas is no small town.
Im just glad to know that someone from out of state is informing people who live in Ellis County, all about the county politics
DeleteJudge Murphy will put a stop to Windsor's billshit, don't worry. Y'all haven't had much experience with vexi filers, small town or not. Ollie Reader 12:01 is right! Let Windsor's argument be looked at as if they were valid for consideration so that they can ultimately be shot down. Hold on, don't fret. Look at this as a three dimensional game of chess as opposed to a baseball game.
DeleteJudge Murphy is already done with the case. She no longer has any role in it.
DeleteShe moved the case on for a good reason. Her role was important to what's going on here.
DeleteSo...Does the recusal mean the blog's name must be changed to "Joey is a little wife?"
Deletehttp://i57.tinypic.com/2qkjfcl.jpg
Delete[img]http://i57.tinypic.com/2qkjfcl.jpg[/img]
DeleteI guess I'm warped (like Windsor), but dang, I LOVE THIS SO! Recall the end of the 1981 film, Absence of Malice. I think Carroll just pulled off a "Wilford Brimley:"
ReplyDelete"You're a smart man, Mr. Gallagher. I'm pretty smart myself. Don't get too smart."
https://www.youtube.com/watch?v=P2egvCFXEoE
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