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"If this case is going to be transferred, it has to be done in a way that protects the public's confidence in the functioning of the judiciary. This is an important case to the community. This is a case that gets a lot of attention. Whatever its ultimate outcome, the public has to see and perceive that things are done properly. In this circumstance, a transfer to Judge Schuster avoids all that baggage. To be perfectly clear, we don't believe any transfer is appropriate at all. And we don't believe Judge Flournoy invited any of that baggage in any way, and mean no disrespect to him. But the simple fact is, we have the situation we have. we got here the way we got here. In this case, if there is to be a transfer, it is abundantly clear how it should go," Floyd said.
The defense says yes. The Nike T Shirt Kids state not only disagrees, but also disputes that Magistrate Court is the place to settle the issue.
On July 7, the retired head of Cobb Electric Membership Cooperative was indicted for the second time on dozens of felony charges alleging fraud and theft of EMC assets. It was similar to an indictment that came down against Brown in January that was later tossed out on a technicality. But the July 7 indictment also included four new charges accusing Brown of threatening and intimidating witnesses by filing a civil suit in February.
"The way the defense has approached this transfer issue casts a bit of a pall over the case," Floyd said. "We were never consulted before anyone spoke to you, spoke to the clerk's office, spoke to Judge Flournoy, or before anybody spoke to Judge Grubbs."
"I don't want to be shopped on. I don't want anything else. I didn't have anything to do with the assignment of the case to Judge Flournoy. They didn't move to reassign the case to Judge Schuster (in January). This case has been pending almost a year. They just came up and said, 'You know, I'd really like to have Judge Schuster.' I don't care! But I will tell you this, I will not stand here and allow the system to be manipulated just because the state wants a different judge and they got a bad ruling. A correct, but a bad, ruling. All I ask is to enforce the rules."
Prosecutors also complained about Barnes' Nike Blue Shorts
Chief Magistrate Judge Frank Cox did not give a timeframe for his ruling.
Criminal cases are randomly assigned to judges by a wheel, to avoid judge shopping by either party. But rules of Superior Court say that new or revised indictments against a particular defendant should be handled by the same judge who handled the original case.
"The state in this case decides they will smear anyone that dares to stand up and say, 'There's been no crime committed here.' And I resent it," Barnes said. "And by the way, since we're going to be on technical rules, the state was under an obligation to file with the clerk when they filed to re indict that there was a related case that had been filed earlier. And to show the criminal case that was there. They did not do that. They are guilty of the worst judge shopping I have ever seen in my life."
Sides argue over judge in Brown criminal case
to head off any accusations of partiality by not presiding over any case in which former Governor Barnes is involved. I think Judge Flournoy is a good man and a fair judge, but I don't understand why he would allow himself to be put into a position that appears to be improper. I believe that it would be improper for him to preside over any case involving former Governor Barnes.
MARIETTA Criminal defendant Dwight T. Brown was in Cobb Magistrate Court on Thursday afternoon as his lawyer, Roy Barnes, argued with prosecutors over which Superior Court judge should hear the latest charges against Brown.
In closing, Barnes, in his customary entertaining style, tried to convince Judge Cox that he just wants "the rules enforced like the rules are."
calls to the court clerk and Judge Grubbs to determine how the case had been assigned to her.
At issue before Chief Magistrate Cox on Thursday afternoon was whether the latest criminal case should be handled by the same Superior Court Judge, Robert Flournoy, who heard and tossed out the January indictment. (That first indictment remains on appeal to the Appeals Court of Georgia.)
Barnes, who called clerk Harriet Smith as a witness, asked her what would have happened if she's seen the earlier indictment.
"They can't take that back. They're stuck with the arguments they made. They've laid it out, they've adopted it, they made their bed," Floyd said. "There's no colorable basis for them to seek a transfer to anyone other than Judge Schuster in this situation. Intending no disrespect to Judge Flournoy. The simple fact is, it's no contest. (Schuster) has four years of seniority on this issue and a vast depth of experience.
"I'd have assigned it to Judge Flournoy," Smith testified.
At the beginning of Thursday's hearing, Chief Magistrate Judge Cox said he was told by Superior Court Administrator Tom Charron who had consulted with Chief Superior Court Judge Robert E. Flournoy III and Judge Adele Grubbs that the Superior Court judges consented to Cox deciding the reassignment issue.
The case is connected to an ongoing civil lawsuit before Superior Court Judge Stephen Schuster against Brown and the EMC directors, filed in 2007 by a handful of the cooperative's members.
Prosecutors tried to link the civil lawsuit filed in February accusing the original civil plaintiffs of pursuing the criminal charges with the criminal case in arguing why the case should be Nike Leggings Pink Stripe
transferred, if at all, to Judge Schuster. Prosecutor Floyd argued that in that civil lawsuit, Brown has already represented "that the criminal case is a 'mirror image' of Pounds v. Brown."
After the latest indictment, the clerk of Magistrate Court who testified she was unaware of the original indictment "wheeled" the case, and it was assigned to Judge Adele Grubbs.
Barnes told the court he resented that argument.
I think that Judge Flournoy should recuse himself from this case since he was appointed to the bench by former Governor Barnes. I think it would be in the best interest of Judge Flournoy Nike Leggings Navy
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