Tag-Archive for » appeal «

Ouch!  That has to hurt!  Running for a judicial seat and then sanctioned and reported to the State Bar.  This just happened to attorney Judy Conard, who practices in Lake County, California.

The First Appellate Court found the appeal to be frivolous and not only sanctioned Ms. Conard $6,000, but issued $15,000 in sanctions against her client as well.

Last October, Theodore Parfet, who lives in Michigan, appealed an order that he pay the attorney fees for Amy Tucker, the Respondent in the Family Law case, incurred while she opposed his motions to modify child custody, visitation and child support, according to the decision, which can be read here.

Ms. Conard said they appealed the amount of attorneys’ fees, which at nearly $80,000 were in excess of what the interim fees were to be.  The three appellate justices found “the degree of objective frivolousness and delay is extremely high,” and that “pursuing a meritless appeal of an attorney fee award under the circumstances of this case flies in the face of the very purpose of the Family Code attorney fees statutes.”  Further, they found that Conard had a professional responsibility not to pursue a frivolous appeal just because her client instructed her to do so, the justices said Conard violated her duties by facilitating the appeal “and by advancing arguments which exceed the bounds of both common sense and sound advocacy.”

The justices also stated “We join other courts in recognizing that the respondent is not theonly party damaged by a frivolous appeal.” ‘Others with bona fide disputes, as well as the taxpayers, are prejudiced by the wasteful diversion of an appellate court’s limited resources.’  The handling of this appeal has imposed a burden on this court.”

 To add insult to injury, Ms. Conard and the court clerk were each ordered to forward a copy of this opinion to the State Bar upon return of the remittitur.  Whether charges will be filed by the bar against Ms. Conard has yet to be seen.  The lesson here for attorneys?  Beware of filing an appeal just because your client wants you to, be sure that there is merit to the appeal, it could cost you, not only monetarily but professionally.
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A divided three-judge panel of the 9th U.S. Circuit Court of Appeals ruled Friday that prosecutors may not present positive urine samples and other vital evidence that the government says shows that the slugger knowingly used steroids.

The appeals court ruling upholds a lower court decision made in February 2009 barring federal prosecutors from showing the jury any evidence collected by Bonds’ personal trainer Greg Anderson. Bonds’ perjury trial, which was scheduled to start in March 2009, has been delayed pending the outcome of this appeal.

Prosecutors argued that Anderson had told BALCO vice president James Valente that the samples belonged toBonds and that they would call Valente to the witness stand. But the appeals court said that because Anderson wasn’t directly employed by Bonds — the judges considered him an independent contractor — the trainer would need to testify because Bonds didn’t control of the samples.

The court noted it was Anderson’s idea to collect the urine samples and deliver them to BALCO.

“There is little or no indication that Bonds actually exercised any control over Anderson in determining when the samples were obtained, to whom they were delivered, or what tests were performed on them,” Judge Mary Schroeder wrote for the majority court.

Last year Anderson told the trial court judge that he would rather go to jail on contempt of court charges than testify against Bonds. And the court says evidence tied directly to Anderson is inadmissible “hearsay” evidence unless the trainer testifies to the items’ authenticity.

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Anderson Cooper 360: Blog Archive – Scott Peterson Keeps Blogging « – Blogs from CNN.com

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Wow, can I get my tax money back?  I don’t want to pay for a convicted killer to have access to the internet!  I am having a hard time with this one.

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