"This is an unusual case. This is unusual procedural posture. "

 

The Mark Dare case was back before Judge Kaleb Cockrum this morning for "further clarification." 

Judge Cockrum listened to Deputy District Attorney Whitney Timm, Public Defender Marek Reavis and Mr. Russ Clanton. As expected, the case is scheduled before Judge Wilson on March 29.

"The motion for a new trial is denied without prejudice," said Judge Cockrum. "This is an unusual case. This is unusual procedural posture. Mr. Dare of his own volition" wrote a letter. It was neither a motion for a new trial nor for a Marsden hearing but he alleged ineffective assistance of counsel."

"Once those issues have been raises, the Court has the obligation to proceed" and investigate. "What Mr. Clanton chose to file is upto Mr. Clanton. When you get in front of Judge Wilson, if Mr. Clanton feels there is an issue of IAC, a Marsden hearing proceeds." If IAC is found, "then there will be a further motion for a new trial."

"There are fewer than 10 people that have access to Mr. Reavis' custom/practice," said Judge Cockrum. "I want to do away with that issue of partiality. Access to files may become relevant."

If you have not followed the recent, ongoing saga, you can read the previous post for context of Judge Cockrum's comments. There have been several hearings on clarification and several detailed posts on what was made clear the first time Judge Cockrum addressed this 

Previous post:

https://johnchiv.blogspot.com/2021/03/get-rid-of-your-attorney-client.html?m=1