Friday, July 14, 2023

BREAKING: BREAKING: AZ Supreme Court DENIES Kari Lake's Petition To Transfer Appeal (READ Order)

UPDATE, 7/26, 12:15pm: "BREAKING: AZ Supreme Court DENIES Kari Lake's Petition To Transfer Appeal"

The Arizona Supreme Court today DENIED Kari Lake's Petition to Transfer her appeal from the intermediate Court of Appeals (Division 2).

Noting that Division 2 has already set a deadline of September 15 for Lake's Opening Brief, and no good cause to expedite the appeal, the entire court - with no reported dissent - denied the Petition.

Lake waited several weeks before asking for the transfer, and only filed it after the randomized reassignment from the Phoenix-based Division 1 to the Tucson-based Division 2. Lake questioned why her case was moved to the "most Marxist part of the state".

*****

UPDATE, 7/25, 4:20pm: We are now posting Lake's Petition to Transfer. We did not have a clean copy of it previously, although we had been expecting it. A few readers have asked for it the past couple of days, so we obtained it from the Court today.

Arizona's Law believes strongly in publishing source documents so that readers can read - and, think - for themselves. We are not perfect, so we also welcome corrections, suggestions, etc. 

Arizona's Law is chiefly the work product of Paul Weich (Phoenix attorney). However, we occasionally are assisted by other attorneys. Ergo, the occasional use of first person plural.

And, as we mentioned last night on Twitter X, "(o)ur agenda is truth - fair & accurate coverage of AZ's legal scene. (When we engage in "analysis" or "commentary", we label it.) 

We routinely post/explain filings from all sides. We question attys on multiple sides of a case or issue, and give answers a platform.

As noted at the bottom of every article, we do not try to profit from this effort. If you appreciate it, we invite you to donate to Sun Sounds, which is a reading service for people who cannot hold or read print material due to a disability. Here's that link again.

UPDATE, 7/22, 9am:

The appellees/defendants have told the Supreme Court Justices that they are NOT OPPOSED to transferring Kari Lake's appeal directly to the higher court. 

Maricopa County took the opportunity provided by the Response to Petition to Transfer to remind the Justices that they sanctioned Lake a couple of months ago: "(M)ost of the factual allegations in the Petition are demonstrably false and misrepresentations of the record. This is a recurring problem that this Court already sanctioned." (The Justices sanctioned her and her attorneys $2,000 for claiming that it was "undisputed" that there were more than 35,000 "unaccounted for" ballots added to the totals.)

In other words, we take no position, but "this Court should be aware of the Petition’s significant deficiencies and misrepresentations."

ORIGINAL ARTICLE, 7/14: "BREAKING: Lake (Finally) Asks Arizona Supreme Court To Take Her Election Contest Appeal #2; Save Her From The "Most Marxist Part of the State""

Kari Lake (finally) asked the Arizona Supreme Court today to hear her (second) Election Contest appeal. It apparently took the Court of Appeals transferring it to what Lake called "the most Marxist part of the state".

The appeal of the dismissal of her remaining counts has been pending since the end of May - after Judge Thompson ruled against her following a second trial. She could then have expedited consideration of the appeal by asking the Supreme Court to hear the appeal directly, instead of waiting for the intermediate Court of Appeals to consider it. She has also not asked the Court of Appeals to expedite it as an elections matter, and did not file other required statements in a timely manner. (She finally paid the filing fee last week.)

It was the Arizona Supreme Court that previously affirmed the dismissal of most of her claims, but also ordered Superior Court Judge Peter Thompson to re-consider the signature verification count he had dismissed prior to trial.

Arizona's Law detailed last week's randomized transfer of her appeal from Division 1 of the Court of Appeals to Division 2 in Tucson. That prompted Lake to publicly - and falsely - state that sending it "to the most Marxist part of the state" was an attempt to "bury the truth". Today's motion was apparently prompted by her promise that she "won't let them".

"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. 

AZ Law airs on non-profit Sun Sounds of Arizona, a statewide reading service that provides audio access to printed material for people who cannot hold or read print material due to a disability. If you know someone who could benefit from this 24/7 service, please let them know about member-supported Sun Sounds. And, YOU can donate or listen here. 

Previous episodes of AZ Law can be streamed or downloaded here, or wherever you get your podcasts.



4 comments:

  1. I thought the reply from Gov. Hobbs and Maricopa County was spot on a pointed out the futility of Lake's appeal.

    ReplyDelete
  2. This state and all others are so corrupt they’ll never let her win which she did and they’ll never let her move it she won everyone knows it but the powers that shouldn’t be and the cartel want that boarder open she would’ve closed it and they can’t have that

    ReplyDelete
  3. As far as I’m concerned nobody is running America and nobody is running Arizona Biden isn’t the president Hobbs is not the gov

    ReplyDelete

SANCTIONS SCOREBOARD UPDATE: Abe Hamadeh, Attorney AVOID Sanctions In "Untimely Election Contest" (Challenging 2022 Election)

Abraham Hamadeh, who unsuccessfully ran to be Arizona Attorney General in 2022 today AVOIDED sanctions in his "untimely election conste...