bob wrote: ↑Fri Nov 03, 2023 12:51 am
It means there's a tentative finding that Eastman violated an ethical rule. But no ruling (yet) as to which rule(s), or how grievous was Eastman's conduct (e.g., was he negligent or willful?).
This ruling is meant to allow aggravating and mitigating evidence sooner rather than later.
Given the judge's handling of the case thus far, a tentative ruling of culpability is unsurprising.
So this is mostly a housekeeping measure intended to further the proceedings along.
Thanks, Bob. Applying this to what I was listening too, I'm guessing the judge made the statement, without fanfare, to allow Carling to ask the aggravating evidence questions he wanted to ask while Eastman was on the stand. Carling said he wanted to do it to save time. I must have just missed it when she said the words "preliminary ruling" and "culpability".
The trial is due to end today, so it makes sense that Judge Roland would do whatever she has to do to save even the smallest amount of time (they're starting a 9 now, and the lunch break is down to just over an hour).
Today we have more Grimmer, then two more rebuttal witnesses, plus Miller's no-doubt-dragged-out crosses, then closing arguments (I'm still missing something if this is somehow the "aggravation stage"). Roland said that if they didn't have enough time left for the promised 75 minutes each for closings, she would divde whatever time was left in half and that would be it.
Have to say that the State Bar's case has taken a hell of a time hit, thanks to Miller's sloth-like questioning. And I'll be shocked if MIller doesn't bitch about "being rushed" at some point today, because...appeal!!!!
My favorite moment yesterday was when Roland did not allow Miller to ask questions about some arcane nuance involving the role or Congress in certifying the election: Carling objected for "Asked and Answered;" Roland sustained; and Miller, with his favorite shocked basset-hound expression, said, "Okay, but I wanted to ask Dr. Eastman _why_ he thought this [insert arcane nuance] was convincing to him!" Roland gave a short laugh and said something like, "Have you been listening? That's _all_ he's testified to since June!"