Felonious Monk
kiwifarms.net
- Joined
- Nov 6, 2019
This is terrible trial strategy. If there's something you actually need and have good cause to receive you ALWAYS make the motion. And for good reason: Denying or ignoring a motion that is supported by good cause can be reversible error. One of the many ways in which Ty screwed the pooch was not hunting down opportunities to get the judge to make a decision on record for that. Say what you want about Lemon, it was obvious that he was a litigator and Ty wasn't when the case was coming to a close and he was filing a bunch of motions/requests for clarification because that's the procedural mechanism you use to preserve the errors you want the appellate court to review. Meanwhile Ty was filing his second amended notice of vacation.It's purely idiotic to assume that Chupp would have granted such a request. He rejected everything every time there was a request made - or just ignored it entirely - because it was just too much effort for him to actually put any work in. He infamously refused to strike any affidavit for hearsay from the defendants and then refused to even rule on whether the 1st or 2nd petition was live. Ty making such a request would have wasted money, resulted in Chupp either denying it or ignoring the filing entirely, and then put them exactly where they are now. Ty aimed for 'slightly higher than necessary for TCPA' because he was attempting to use the warchest judiciously, considering that there were many more people who needed to be pulled in once they had the discovery to cover it (as Ty said, they were very close to TCPA level for Sabat but decided to leave him out for safety's sake) - his only problem was that Chupp didn't understand the standard and had no interest in doing his job at all.