Comments on: You and What Army?

By: Donahoe Charged — Chandler Criminal Defense

Donahoe Charged — Chandler Criminal Defense — Wed, 09 Dec 2009 21:04:08 +0000

[...] the Land of Sheriff Joe (Updated)Legal Strategery in Marikafka CountyNo Constitutional Crisis HereYou and What Army?More on Smoking BansBanning Good TasteI Hope It’s Just The WaterDavid DeCosta RevisitedMissing [...]

By: Legal Strategery in Marikafka County — Chandler Criminal Defense

Legal Strategery in Marikafka County — Chandler Criminal Defense — Tue, 08 Dec 2009 03:32:46 +0000

[...] Strategery in Marikafka CountyNo Constitutional Crisis HereYou and What Army?More on Smoking BansBanning Good TasteI Hope It’s Just The WaterDavid DeCosta RevisitedMissing [...]

By: No Constitutional Crisis Here — Chandler Criminal Defense

No Constitutional Crisis Here — Chandler Criminal Defense — Thu, 03 Dec 2009 05:02:02 +0000

[...] Constitutional Crisis HereYou and What Army?More on Smoking BansBanning Good TasteI Hope It’s Just The WaterDavid DeCosta RevisitedMissing [...]

By: adrian

adrian — Thu, 03 Dec 2009 04:07:31 +0000

Oh it gets even more interesting. ..sick detention officers and bomb threats. http://www.heatcity.com

By: Andrew Becke

Andrew Becke — Tue, 01 Dec 2009 19:46:36 +0000

I imagine you’ve heard that the Deputy has refused to issue the apology. I’ll be interested to hear how the contempt hearing goes.

By: mahtso

mahtso — Thu, 26 Nov 2009 03:08:28 +0000

Thanks, Mr. Brown.

By: Matt Brown

Matt Brown — Wed, 25 Nov 2009 14:31:16 +0000

I feel pretty confident saying that the order is legally defective. Mark Bennett’s explanation why is great.

I also do worry about the willingness of the judges on the Court of Appeals, Division One, to disagree with the sheriff. They’re good judges, but they work in his county and he’s shown multiple times that he’s not above investigating other government officials.

You bring up a good point about Joanne Cuccia being the final word on whether or not Deputy Stoddard’s contempt is purged, and Donahoe may just have assumed she’d accept it and ignore the implications of her refusing. That may turn out to be another big flaw in the order.

As for Deputy Stoddard being ordered to violate the constitution, I have no way of knowing that for sure either way. I’m pretty skeptical about him just deciding to look through that file and make those copies on that particular day though…

By: mahtso

mahtso — Wed, 25 Nov 2009 05:41:18 +0000

It is not clear to me why you think the courts will not uphold the order. Do you think the order is legally defective? Or that judges on the Court of Appeals would reach the wrong conclusion because Sheriff Arpaio is involved? Or???

I admit to being out of my element, but I find it incredible that a judge has put the power to keep a man in jail in the hands of Ms. Cuccia, a private citizen. I thought that when someone is found in civil contempt they “hold the key” to get out of jail because all they have to do is comply with the court order. That is not the case here, because Ms. Cuccia holds the power to keep the Officer in jail, regardless of what the Officer does.

“[Deputy Stoddard] was violating the constitution the way he was ordered to do it….” How do you know this?

By: Matt Brown

Matt Brown — Tue, 24 Nov 2009 18:31:35 +0000

I doubt anything other than these contempt proceedings is going to happen. Whether there’s grounds for a civil suit or not, there probably aren’t enough damages to make one worthwhile.

By: Jay

Jay — Tue, 24 Nov 2009 18:03:44 +0000

OK, I’m probably being a n00b (honestly cannot think of a better term, presently), but does the defense attorney whose papers were taken have any legal redress? Can she, perhaps citing the judge’s ruling, file a lawsuit against the officer or the Sheriff’s department?