It was but a FEW SHORT days ago when we wrote that the Pechanga Attorney had filed for a rehearing in the Cosentino v Fuller case, you 'member:
The attorney who LOST a 3-0 decision, wants to re-try the case in his filings in the Benedict Cosentino case. Attorney Frank Lawrence does what EVERY LOSER does, file for a rehearing. in his filings linked here it appears that he's trying to argue the case again. I admit I'm not a lawyer, but I started watching legal shows as a kid, maybe the Defenders or Perry Mason. I'm pretty sure you can't win an appeal hearing with this.
"OH, wait you're HONORS, I forgot to argue this at trial" doesn't seem to be a winner. It makes one think that even Pechanga's John Macarro, who couldn't pass the CA bar, would know that. WHO's PAYING THESE GUYS? They had an opportunity to give evidence ... AT TRIAL.
I'd love to think the appellate court reads my blog, (like the Justice Department, Congress, BIA, and Interior does regularly) but most likely it was so easy to decide, they took a few short weeks from the filing.
How embarrassing to be rebuked in this manner:
The issue we decided was whether sovereign immunity applied
to protect Defendants from plaintiffs’ claims, and we decided that issue based on Turner
v. Martire (2000) 82 Cal.App.4th 1042, and the other cited cases addressing sovereign
immunity for tribal officials. Defendants were given and full and fair opportunity to brief
and argue that issue and those authorities. The remainder of the rehearing petition is an
attempt to reargue the merits of the case that likewise does not warrant rehearing.
Defendants’ request to depublish the opinion also is DENIED. A
depublication request is properly directed to the Supreme Court. (Cal. Rules of Court,
rule 8.1125.) A request that we depublish our own opinion is essentially a request that
we reconsider our decision to publish the opinion. We decline to do so.
You can read the Cosentino v Fuller Denial Here . Oh, and the Amicus brief the niece of BIA's Amy Dutschke filed? Not mentioned.... LOL... Pechanga people, DEMAND that Mark Macarro and his council get the HOUSE IN ORDER. With this kind of management, you could lose EVERYTHING>