Reply #65: merh, I don't know what your expertise is in but it isn't law

[Truman01]

I am an attorney, I have practiced for over 15 years including state, and federal law. I have argued before both the GA, VA, and US Supreme Courts. I don't mean to just beat my drum, but your analysis is passionate but wholly flawed.

Moyer has NO reason to recuse himself in Moss v Bush. You have a small argument in Moss v. Moyer, but the fact that he simply ruled that they be split is not harmful to either side. No harm, no foul.

We may not agree with Moyer's in his politics but no one becomes a Supreme Court Justice by being "green." He certainly isn't grasping for straws. Law is all about words. You don't ASSume anything. An affidavit is a SWORN statement before an official of the court who is authorized to take such swearing. Any lawyer worth his salt doesn't make an affidavit without saying the affiant appeared in person and SWEARs or Affirms to the following. And you don't notarize anything that is an affidavit without language to the affect that so and so appeared personally before me being known by me personally or by identification and executed the following.

The "green" part of this is that any first year paralegal knows that. You may not like the judgment of Moyers but there is nothing "green" or wrong about it.

No hearing was necessary as the affidavit is required to meet thresh hold standards that are not secrets. This Complaint was filed in a way that anyone in the know wouldn't do unless they wanted it to be dismissed.

Your analysis of this is passionate but dead wrong. Moyers did nothing even out of the ordinary and he is the Chief Justice of a State Court and by definition doesn't have "appellate" review. The federal courts are surely not going to second guess his reading of a simple affidavit.

By the way, "apparently" there is a safe harbor provision of federal law, it is 3 USC 5 and 7 and the Ohio provisions do fall within it. Believe me, it doesn't do our cause any good to act like everyone who doesn't do what we want them to do is an idiot. I think Arnebeck is playing us for an idiot, I just have not figured out why.

TC