On that note, I’ll also say that it is correct that a landlord is usually required by law to send a tenant a notice first before filing a complaint in unlawful detainer to commence an eviction. I don’t know NJ landlord/tenant, but it’s usually advisable to get a tenant to vacate voluntarily by sending notice or a letter or an unfiled complaint than to just run off and file it.
Only from here after the fact like LK messaging me. In person in real life none of the parties though as I’ve said I had 3 or 4 lessons with a student of MB back around 2004 or 2006 then no more contact. Something like that. That’s as close as I get other than here AFTER the fact.
Yes but in my state that warning may be verbal and then when the petition is filed there is a question where you fill in the blanks regarding any verbal communication to vacate. As the petition is a sworn document the signor is affirming/swearing all statements on that petition is the truth.
Really interesting point.
I would imagine that the dynamics of the audience in the courtroom… especially with respect to key witnesses who are also part of the audience during the trial - well, I’d imagine that a juror might notice details of their behavior.
Wow - verbal? I always think it’s best to do it in writing, for obvious reasons! But I get that not everyone has lawyers to go paper the record in advance with helpful documents.
Just shows how different the states are. Here in my neck of the woods the first notice has to be written and either hand delivered by the landlord, personally served by a process server, or sent certified mail.
key phrase “to most reasonable people”. the K Klan don’t understand this…
We have many pro se landlords so the system is set up for them to use. Then, upon the filing of the petition the petitioner also provides with stamped postcards that the court mails to each occupant named in the petition.
Nonpayment petitions have postcards that say to come in and file an answer. Holdover postcards indicate the date/time/place of the first Holdover hearing. (Covid complications and papers aside)
Totally. Sometimes, juries will talk after a verdict, and it’s always really surprising what they notice. In general, they pay pretty close attention to experts - which can be good or can be bad. I think that might have been the case here with respect to the state’s expert. They watch the lawyers very carefully. I always have to be very aware because I can be…expressive. LOL. They do pay attention to the judge, but IME, a judge who maybe isn’t so supportive to one side doesn’t mean the jury won’t be.
And a ton of all of this is lost while watching a video - or on Zoom. We only saw the witness who was testifying and - sometimes - the questioning attorney. There could have been a whole lot more going on in there than what we saw.
And some witnesses were for sure more compelling than others. I thought JH was VERY compelling and straightforward, and I could see a jury liking that. I could also see a jury thinking “oh for pete’s sake” about his purported “stealing the phone and doing searches” thing.
In many ways, that’s good. People shouldn’t have to have to get a lawyer to do fairly basic legal things pro se, IMO.
There were so many things that happened to sway that jury.
Certainly LKs admission of wanting to destroy him and the recording devices being placed by RG and them planning on disabling the farms security system.
So many things said on that witness stand that would shock the average person ESPECIALLY LK and RG behaving like they had the absolute right to other people’s property.
I was wondering if Daddy didn’t agree to support her with two horses, but then she went out and got three or four more, and he told her she had to figure out a way to pay for their board, because he was only paying for two horses board, so she cooked up the RG gonna fix the house (maybe even made the pipe burst so the house would need fixing up) in exchange for horse board for two other horses.
Except where would she get the money for two more (or three more) horses, except from daddy. Or, he said, okay I’ll buy you another horse (and another horse) but YOU have to find away to pay the board.
That might have put her in this psosition of needing to live on the property to save rent and to fix up the house. Then, MB doesn’t want her there any more, because, you know, drugs, grifters and all, and she’s bound and determined not to leave because there’s no way she can afford to pay for horse board elsewhere without some kind of deal.
I don’t now. Just musing.
There were quiet a few witnesses that completely drew me in, and I found myself wishing I could see how the jury was responding.
The State’s expert was not one of those, although I did wonder if anyone was awake after he got through his CV.
There is literally no way to know this. We don’t know if aimed the gun at her and pulled the trigger, or if it went off in a struggle. In fact with the lack of GSR and fingerprint evidence, many people who watched the trial don’t even share the jury’s confidence that the evidence shows beyond a reasonable doubt that MB was the shooter.
You have no idea whether he was trying to kill her or not. Neither do we. Nobody knows. We do know he’s not guilty of a crime.
Yeah but when I had to check all the necessary items to issue an eviction warrant Pro Se landlords have to correct the papers many times via nunc pro tunc applications and when you use a Latin term or name landlord’s eyes just glaze over LOL
That is exactly what MB did. Pay attention.
Well, for sure, though I’ve seen very unlikeable people - where even the jury says things such as, “we didn’t like him or her” - and still find in favor of that person on some claims.
I think there was probably more to it. I think the state’s expert was truly awful. I can’t see any jury liking or listening to that guy; I really can’t. And I think that - along with maybe some reasonable doubt in the back of their minds as to in what order events occurred - may have been determinative.
But that’s just speculation, of course.
I wouldn’t have used him, that’s for sure.
Tarshas told him to file it. He refused. I don’t see you putting up with nonsense or drama or trying to scare her out.