Tuesday, March 18, 2014

TEA Party Activists' Appeal Stalls

We don't know if this is a case of excusable neglect, or the more typical everyday kind of neglect we have seen from David Adams as he framed his anti-Common Core law suit. Soundly rejected by Judge Phillip Shepherd in the Franklin County Circuit Court, Adams vowed to appeal. He even sent an urgent notice to his Facebook friends asking for emergency monetary support.

David Adams
Since then, crickets.

Adams told KSN&C that the reasoning for his appeal would be forthcoming in a Prehearing Statement which was due to the court somewhere around March 5th.

chirp.

chirp.


On March 13th the court issued a Notice that the Appellant's Prehearing Statement was overdue.

**NOTICE** PRO SE** PREHEARING STATEMENT OVERDUE. MOTION MUST BE FILED WITHIN TWENTY (20) DAYS. FAILURE RESULTS IN DISMISSAL. ###D/3

Cool.  Adams is late and the penalty is an extra 20 days.

chirp.

chirp.

But why is he late?

Was he simply not doing his homework?

Was he stuck without a real argument for appeal?

Was he too busy not defeating HB 235?

 ...too busy doing this?
...or this?


Why is David Adams late with the required paperwork for his anti-common core appeal?

My best guess: He knows he has no prayer of success and wants to stretch the appeal our over the next year and a half, or longer if at all possible. It's all about being able to say that his case is technicality still alive - when it isn't really.

In the meantime we await more evidence of his legal acumen, or lack thereof.

No comments: