Darkman wrote:
not at GZ legal site yet .. but will probably be there later ... Meanwhile I reuploaded them to my Mediafire: (in case anyone wants to check 'em out)
4/29/13 Proposed Respondent Benjamin L. Crump, Esq.’s Response to Petition For Writ Of Certiorari Proposed Respondent Benjamin L. Crump, Esq.’s Response to Petition For Writ Of Certiorari that was filed with the Fifth District Court of Appeals on 4/29/2013 by Bruce Blackwell, Esq. and Shayan Modarres, Esq. on behalf of Benjamin Crump, Esq.:
5th DCA Response of Proposed Respondent B. Crump -
http://www.mediafire.com/view/?gp36232723z564o 5th DCA Motion for Leave to Respond -
http://www.mediafire.com/view/?kmn9y1vec9vsyfp 5th DCA Index to and Supp. App. -
http://www.mediafire.com/view/?svowitqy6dpdv4o From CTH..............Chip Bennett says: Quote:
April 30, 2013 at 3:33 pm
Wait, really? Boss Tweed Blackwell is arguing that the petition is moot because the defense listed Crump as a witness, which then precludes them from deposing him under Rule 3.220?
The defendant may, without leave of court, take the deposition of any witness listed by the prosecutor as a Category A witness. . . . After receipt by the defendant of the Discovery Exhibit, the defendant may, without leave of court, take the deposition of any unlisted witness who may have information relevant to the offense charged.
Surely there will be case law that will determine the validity of this interpretation; however, a plain reading of the rule text indicates that “unlisted witness” refers to the State’s witness list, not the Defense’s witness list. to wit:
The defendant may, without leave of court, take the deposition of any witness listed by the prosecutor as a Category A witness…[and] without leave of court, take the deposition of any unlisted witness who may have information relevant to the offense charged.
Blackwell’s argument here is illogical. Does he really believe that the intent of the rule is such that, once the defense lists someone as a witness, the defense may no longer depose that person?
John Galt says: Quote:
April 30, 2013 at 4:13 pm
There is also the fact that the defense listed (March 21, 2013) Crump as a witness only after Nelson denied their motion (March 4, 2013) to depose Crump. But for the trial court’s improper denial of the motion to depose Crump, the defense would have had time to depose Crump and decide whether to list him as a witness in advance of the March 27, 2013 deadline set in the October 29, 2012 scheduling order.
So I agree, stupid and illogical argument:
Defendant should not be allowed to depose Crump because the court’s errant order denying defendant’s motion to depose Crump forced defendant to list Crump as a witness to comply with the court’s deadline for listing witnesses. Rather, defendant should have waited for this appeal to run its course and then, if successful, attempted to persuade the court to allow belated listing of Crump as a witness, if Crump’s deposition ultimately revealed evidence helpful to the defendant.