Re: NDoC Pacers and just filed..
in response to
by
posted on
Sep 14, 2013 12:40AM
"I think this faux pas by our adversaries is going to play big for us! About time our lawyers got the jump!"
After reviewing Otteson's descriptions and allegations, IMO a serious breach of court decorum has resulted in the liklihood HTC will be sanctioned. On the surface, it appears HTC was trying to execute an endaround to the Court and Judge Grewal and attempt to introduce doubt and/or uncertainty into the Judge's legal mind for future courtroom decisions rendered by the Judge.
To an outsider, it looks like HTC tried to pull a fast one and tried to blatantly influence the Judge. Either this move was rank amateurism on HTC's part or HTC's lawyers saw this as a strategic legal manuever, and decided there was little to lose if Otteson found out. Meaning: The advantage of introduce ITC forbidden ID to the Court/Judge Grewal outweighed any Sanction which may result from the introduction of such evidence to the NDoC Court. A legal gambit.
Depending on how Judge Grewal reacts to this "Stunt" by HTC, I'm inclined to believe Judge Grewal, based on prior rulings, will take a rather dim view of HTC's antics. Certainly, HTC opened themselves up to a whole raft of legal sanctions up to and including a MSJ against HTC, though I doubt it. IMO, this was more than a serious etiquette breach by HTC's lawyers. Kind of like a "What were they thinking?" with this stunt come to mind.
Going forward, IMO, the Judge is more likely to entertain future Otteson motions on multiple issues if the trial proceeds in the courtroom. This scenario could take many forms - Allowing Otteson to introduce more evidence, and/or allow Otteson more leeway when cross-examining a witness, and/or limiting debate by HTC lawyers, etc.....
Virt