It's just a thought but maybe the plan was always for Elaine to leave?
Appeal lawyers need a reason for the appeal. Given that Rottenborn was very pro trying the case around first ammendment rights, and Elaine clearly went south and the trial was organized around demonstrating JD was a total drug addict and abuser, the case was not presented from a first ammendment standpoint. According to what I've read, in Virginia there are three different reasons that one can appeal: An appeal must be based on an argument that there was a constitutional violation in the trial process, that the judge made a ruling that contradicts the law, or that the verdict is not supported by the evidence. Now, given that emphasis was placed on 'first ammendment rights' in the press release, maybe they're going to "blame" Elaine and argue that AH's first ammendment rights were overlooked. And just perhaps, the plan was first to put JD 'on trial' and if that didn't work, Elaine steps down, and they lean into the first ammendment route.
But, hey, honestly this is just a total guess. I was watching Emily D. Baker last night and she was fascinated by two things. 1) AH's new lawyers are litigation lawyers, not versed in the appeal process and 2) It's the same law firm that TMZ used in attempting to keep the guy who revealed all the details about AH working hand in glove in terms of those 'bruised' face pixs that started the whole thing rolling.
Now these new lawyers defended and won for the NY Times in the Sarah Palin defamation case. Palin said theTimes defamed her BUT, the lawyers managed to demonstrated that Palin had no positive proof of any defamation other than that the article truly affected her confidence etc. That IS different from JD's case which offered ample evidence that he had lost several roles because of the Post editorial.
The lawyers I was watching livestream during the trial noticed Rottenborn was gearing up for an appeal in case they loose the case by asking that certain things be put on the record. They noticed right away what he was doing. I have assisted in some appeals cases and let me just say that appeals courts are very strict and picky on how things are submitted. The covers have to be certain colors depending on whether you are an appellant or respondent, there has to be a certain number of sets sent in (in addition to filing electronically) because a number of judges are involved, all briefs have to bound a certain way down the sides (no binder clips or big staples) they require a certain font, table of contents, the lower case judge needs to get a set, certifications of mailing, etc. and if it's not correct they will send it back, so if these lawyers are not familiar with the appeals process they better do their research because they will be in for a rude awakening when they try to submit their papers.
I hope we get to see the papers somehow. First she denied it was written about him, then she tried throw the ALCU under the bus, she said she didn't publish it but put on twitter that she did, and admitted on the stand that he was a rich and powerful man and that's "why I wrote the article." I don't know where she is going with this appeal because she clearly is a liar.
“Growing old is unavoidable, but never growing up is possible."
The lawyers I was watching livestream during the trial noticed Rottenborn was gearing up for an appeal in case they loose the case by asking that certain things be put on the record. They noticed right away what he was doing.
Well, maybe there is something to my guess. I am glad you remember that! I can't remember who I was listening to. Hopefully, if the lawyers you were watching noticed Rottenborn's focus, then probably JD's side did too.
Do you know what exactly both side needs to submit in early September? Is it their arguement in terms of why they think the case deserves an appeal?
"Some books are to be tasted, others to be swallowed and some few to be chewed and digested." Sir Francis Bacon, Of Studies
The lawyers I was watching livestream during the trial noticed Rottenborn was gearing up for an appeal in case they loose the case by asking that certain things be put on the record. They noticed right away what he was doing.
Well, maybe there is something to my guess. I am glad you remember that! I can't remember who I was listening to. Hopefully, if the lawyers you were watching noticed Rottenborn's focus, then probably JD's side did too.
Do you know what exactly both side needs to submit in early September? Is it their arguement in terms of why they think the case deserves an appeal?
Sorry but I am not familiar with Virginia court appeal rules but here is a link I found that explains the timelines. I hope it helps.
Unread postby ForeverYoung » Thu Aug 18, 2022 2:34 pm
Andrea Burkhart is an attorney who was and still is following this case (and some others). I posted a video here of her explaining the appeals process. I was looking at her twitter account last night and saw that on Aug. 13 she got confirmation from the court that neither one of them had put up the bond money as of that date so I really don't know what is going on at this point.
From what I read on the Travelers Insurance appeal link, they would be appointing their own counsel for the appeal and her counsel would be assisting them.
“Growing old is unavoidable, but never growing up is possible."
The lawyers I was watching livestream during the trial noticed Rottenborn was gearing up for an appeal in case they loose the case by asking that certain things be put on the record. They noticed right away what he was doing.
Well, maybe there is something to my guess. I am glad you remember that! I can't remember who I was listening to. Hopefully, if the lawyers you were watching noticed Rottenborn's focus, then probably JD's side did too.
Do you know what exactly both side needs to submit in early September? Is it their arguement in terms of why they think the case deserves an appeal?
Sorry but I am not familiar with Virginia court appeal rules but here is a link I found that explains the timelines. I hope it helps.
Well, maybe there is something to my guess. I am glad you remember that! I can't remember who I was listening to. Hopefully, if the lawyers you were watching noticed Rottenborn's focus, then probably JD's side did too.
Do you know what exactly both side needs to submit in early September? Is it their arguement in terms of why they think the case deserves an appeal?
Sorry but I am not familiar with Virginia court appeal rules but here is a link I found that explains the timelines. I hope it helps.
The link is good. Seems so take a long time. Last I read maybe September 4 they file their briefs assuming court gets everything over on time
If one of the parties in the case request an extension of time (which her side might very will do since they are new to the case) it will take even longer. All they would need is the consent of the other side and a letter to the appeals court and if the court grants it we could be looking at a month, maybe more, maybe less, but the appeals court moves very slow with their scheduling.
“Growing old is unavoidable, but never growing up is possible."
Unread postby fireflydances » Tue Aug 23, 2022 3:56 pm
Yes, thanks @AdeleAgain, absolutely excellent interview. Camille is a superb communicator, and you also can't help but feel her positive nature. Super enjoyed this one.
"Some books are to be tasted, others to be swallowed and some few to be chewed and digested." Sir Francis Bacon, Of Studies
Unread postby fireflydances » Mon Aug 29, 2022 6:03 pm
Thanks Snoopy! Very good to have that in writing, not that I doubted for a second how he treated her and how she feels about him even years after their marriage.
I will always wonder what he saw in AH, and how he stayed with her so long. Then again, Johnny is so kind and very romantic, so he probably kept hoping they would eventually fix the relationship.
"Some books are to be tasted, others to be swallowed and some few to be chewed and digested." Sir Francis Bacon, Of Studies
