Billy Lane’s attorney tries to hit the brakes in suit
While the attorney for DaimlerChysler Corporation has filed a technical response. Jeffery Vernis one of the attorneys for Billy Lane filed an objection to the motion for speedy trial that was requested by the plaintiffs’ attorney Sam Cacciatore.
Mr. Cacciatore explained to me in a phone interview that, like many rules, there is a difference in a “speedy trial” for a civil action as opposed to a criminal case.
Looking at the definition for “speedy trial” at law.com we see the following is for criminal cases:
in criminal prosecutions, the right of a defendant to demand a trial within a short time since to be held in jail without trial is a violation of the “due process” provision of the 5th Amendment (applied to the states by the 14th Amendment). Each state has a statute or constitutional provision limiting the time an accused person may be held before trial (e.g. 45 days). Charges must be dismissed and the defendant released if the period expires without trial. However, defendants often waive the right to a speedy trial in order to prepare a stronger defense, and if the accused is free on bail he/she will not be hurt by the waiver.
However, when a “speedy trial” is requested in a civil action and in Florida, it takes on a new meaning:
415.1115 Civil actions involving elderly parties; speedy trial.–In a civil action in which a person over the age of 65 is a party, such party may move the court to advance the trial on the docket. The presiding judge, after consideration of the age and health of the party, may advance the trial on the docket. The motion may be filed and served with the initial complaint or at any time thereafter.
So, what is being asked in the motion and what will happen if the motion is granted, is that the case will have a bit more priority in movement on the docket when the parties are ready to go to trial.
Many mistakes are often made in the legal terms, rules and findings of the civil action and can easily be misconstrued using the same of the criminal laws. I found a pretty good page while doing some research that gives a good explanation of the differences between criminal and civil law that you may want to read: Differences between Civil and Criminal Law in the USA
Sources:
http://www.floridamalpractice.com/stat415.1115.htm
law.com
Brevard Clerk of Courts
Florida State Statute 415
Technorati Tags: billy lane, dodge, dui, civil trial, motorcycle news
December 13th, 2006 at 1:32 am
MIke do you have a copy of the Answer to the complaint that Chrysler filed?
December 13th, 2006 at 3:55 am
Hi Norm,
Yes I do. I transposed it here
December 13th, 2006 at 4:00 am
Yes my friend but where can I read the civil answer?
December 13th, 2006 at 4:42 pm
Did you click on the link? It goes to http://www.mikeodom.name/2006/12/07/affirmative-defenses/
By the way, I just made a 3 hour trip to get the answer that was not in the case previously. The link goes to Dodge’s affirmative defenses, which is much more interesting than the answer.
However, I should have something up on it (the answer) shortly.
December 19th, 2006 at 2:09 am
I am glad that Judge Moxley signed the order for the civil trial to move on. It is time to get it on so it can get over and the Morelock family can at least have closure as far as the civil case goes. I really feel for that family when they have to sit thru the criminal trial. I am guessing that the criminal trial will last maybe two months. It will be a gruesome trial that the jurors will always remember as will those two children who were in the lead car that was being passed by Billy Lane on a double yellow line while speeding and knowing that he had suspended drivers license. I notice in the HOLLYWOOD cases that the civil trial goes after the criminal trial.
December 19th, 2006 at 11:51 am
Usually the plaintiff’s and/or defendant’s will move to stay (temporarily stop) the civil case pending the outcome of the criminal case because with a criminal conviction it is much easier to win the civil case. The burden of proof is much higher in the criminal matter. (beyond a reasonable doubt)
Another factor for requesting a delay in the civil case is that a criminal defendant can take the 5th (right to remain silent) and refuse to testify in the civil case if they are still a criminal defendant. In California once they are no longer a criminal defendant, they can no longer refuse to be called to the stand and be sworn in front of a jury.
I suspect that the plaintiff’s in the civil case believe that they have a really good case otherwise they would have moved to stay!
Norm
Biker Law Blog
http://www.bikerlawblog.com
December 19th, 2006 at 2:16 pm
Thanks for the input Norm.
I think that the Sam Cacciatore, attorney for the plaintiff, not only has a solid case, they also wanted to insure that the case would have priority when they are prepared for trial. The Plaintiff, Mrs. Morelock, is above the age of 65 and this is another reason that the motion was filed.
The judge has signed the motion for speedy trial, giving the civil action priority on the trial docket.
Ironically, the two cases are currently scheduled mere days apart, with the criminal case scheduled for 2/2/2007 and civil on 2/7/2007. It would be interesting if they are both heard on their perspective dates.
December 22nd, 2006 at 5:02 pm
I doubt that these cases will be held on their perspective days. Because the criminal case is going to be one of several weeks……..I would assume. I t would certainly be to the families benefit if there is indeed a conviction in the criminal case. Although, OJ was found not guilty in the criminal case and yet was found responsible in the civil suit. It will be very interesting to see how this plays out.
January 9th, 2007 at 9:19 am
Good work again Mike, stay on top of it, you are basically the eyes for alot of folks wanting to stay current on all of this for whatever reason.
February 7th, 2007 at 11:09 pm
[...] Vernis next approached the court on the Motion For Speedy Trial that was filed by the plaintiff on November 7, 2006. Vernis stated that the motion had been ruled [...]
March 10th, 2007 at 12:50 pm
3/10/2007 What’s the latest on bringing Billy Lane to justice??? Anybody know???
April 4th, 2007 at 9:16 pm
Nice reference to the O.J. case, but this case should be the opposite. Billy Lane should be found GUILTY!! in the criminal and get a wrist slap on the civil along with $$BIG MONEY$$$DODGE!!! Driving your scooter while intoxicated is also ILLEGAL!!! IF Morelock Lived all he’d be getting is a DUI!!! with medical bills!!! I know that is not fair, but think about it. It’s the truth.
April 12th, 2007 at 9:24 am
Yes Iowalowrider BL should be found guilty. How does one pick the amount of money one’s life was worth? Usually medical bills are paid by the insurance company of the person who caused the accident. Anyone know why BL has changed lawyers in criminal case? Funk has a very good record in the appeals court. Maybe they are saving Funk to use in case of a conviction. I saw in the Brevard Court records that Lane has filed guardianship papers in case something should happen to him. Wonder if that is a customary thing to do? I have a will if something should happen to me.
April 12th, 2007 at 11:10 am
The Funk question will be answered tomorrow.
April 13th, 2007 at 2:30 pm
The answer is??????
April 13th, 2007 at 2:38 pm
On the front page of the blog.
June 26th, 2007 at 12:00 am
And the conflict of interest was “what”. A good lawyer would have known if there was a conflict before he took the case and a load of cash for a retainer.