Status 31 July 2008

Judge Mitchell heard argument on two motions to strike affidavit testimony, and on the summary judgment motion filed by the State.

Judge Mitchell refused to strike the Affidavit of Jack Smiley. He also refused to strike the Affidavit of Timothy Martin, though he did limit use of a few of the sentences in it. He allowed in all exhibits attached to the Martin Affidavit.

Judge Mitchell listened to the summary judgment arguments and took the case under advisement. Rulings on such motions, particularly complex ones such as this, do not come swiftly. A ruling could well take 30 days or more.

You can read the State's summary judgment memorandum here.