Thursday, January 12, 2023

UPDATE: "No, Recess Is Over" - Appeals Court Removes Obstacle, REFUSES Another Effort To Join In The Kari Lake Election Contest (READ Order)

UPDATE, 2/10, 9:30pm: "Thanks, but no thanks - we can research the law without you."

Here is the now-denied Motion to Intervene. Mr. Marvin is a 74-year old man living in New York. He is not a lawyer, but has been providing legal assistance to January 6 defendants and others. He believed that his "extensive experience in Constitutional law can provide insights to this court...." And, if you read his effort to get the court fees waived, you might conclude that he was hoping to intervene in order to find a younger woman (Lake?) to give him a child.

UPDATE, 2/10: "UPDATE: "No, Recess Is Over" - Appeals Court REFUSES Another Effort To Join In The Kari Lake Election Contest (READ Order)"

The Court of Appeals today DENIED another effort to intervene in the Kari Lake Election Contest appeal. The late-filed Motion by a pro per (unrepresented) individual named Mark Marvin was a potential obstacle to a decision in the case, as the docket had given other parties until February 21 to file a Response to his attempt to join in.

A decision on the merits of Lake's appeal in the Governor's race could come at any time.

ORIGINAL ARTICLE, 1/12: "NEW: "Let Us Play, Too!" - Attorneys, Others Flood Arizona Courts With Kari Lake-Related Actions (READ filings)"

Arizona appellate courts are getting peppered with legal filings from attorneys and individuals who think they can drag the Kari Lake election appeals across the finish line. Today, the Arizona attorney who failed to get an Election Contest for Senate Majority Sonny Borelli across the starting line filed an Amended Special Action Petition in his own name to the Arizona Supreme Court. (It is also unlikely to find the starting line.)

Ryan Heath asks the Justices to reverse the trial court's denial of Kari Lake's Election Contest, and explains that Lake's attorneys messed up by not presenting case law supporting his argument that Maricopa County did not properly check the signatures on early voting envelopes. (Confused? The Supreme Court Justices likely will be, as well.)

Meanwhile, the law firm responsible for several unsuccessful elections-related lawsuits - the Davillier Law Group - are trying to file their own "friend of the court" brief in Lake's consolidated appeal in the intermediate level. Although Alex Kolodin - now serving in the Arizona Legislature - did not sign on, his colleagues attached the entire transcript from his one of his unsuccessful post-2020 cases.

And, a self-styled non-attorney from Oregon has asked to intervene in Lake's appeals, claiming that Arizona's entire set of election laws is unconstitutional because some Arizona citizens might not consider themselves to be U.S. citizens. (Disclosure: I litigated several cases in the 1990s against so-called "sovereign citizens" and will not be publishing this man's writings. It is available in the court's files.)

It is very likely that the Supreme Court will quickly deny the Heath Special Action, especially in light of its decision last week to not allow the Lake appeal to skip the intermediate court. The Court of Appeals might not decide the two motions in front of it until its conference on February 1.

"AZ Law" includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc. AZ Law is founded by Phoenix attorney Paul Weich, and joins Arizona's Politics on the internet. 

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