Once again, Prosecutor Marilyn Mosby seems to be having difficulty grasping fundamentals of the practice of law.
Andrew Branca for Legal Insurrection Reports:
Indeed, she’s now reduced to making exactly the same errors she only recently accused opposing counsel of making.
In this most current instance, Mosby’s motion for a gag order on the Freddie Gray case has been rejected, reports the Baltimore Sun (h/t Conservative Treehouse).
The reason? She filed her motion in Circuit Court on May 14, but while the matter was still jurisdictionally in the lower District Court. The matter was not moved into Circuit Court until May 21, a week later.
Ironically, in Mosby’s motion opposing defense counsel’s efforts to have her recuse herself from the case the Prosecutor argued that it was improper of the defense to make that argument in District Court, where the matter then rested, knowing as they did that the case would end up in District Circuit Court.
Curiously, a Mosby spokeswoman refuses to say whether the Prosecutor intends to re-file the motion in District Court, stating,”We’re not going to litigate this case in the media and discuss our trial strategy.”
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