No Brettney, she is a psy-path with the backing of her entire society. She may not even be the engine of this continuing battle. The Fm organization is involved
She truly wants a new trial (& has asked for that, too) so she can write a new script & prepare her answers without screw ups like she did the first time. I believe she thought this case would be as simple as the UK trial was (as she continues to point out & I think believes SHE won the UK verdict even tho we all know it had nothing to do with her... she thought the US would be comparable, she'd skate rt thru like she did there changing her story 7 times & the judge would be as enamored with her as Judge Nicols was. She wasn't prepared to impress 7 people with 7 views which is why she stared a hole thru that 1 poor guy. I saw a video the other day making fun of that. How she REALLY thought she was impressing them by speaking directly to them changing her reactions so quickly they weren't remotely believable. In reality, it creeped them out!! Would me, I'm sure!
then we see her in news where she took a shit in public. so why should we take her seriously? and yes she actuality did that where people saw it and she didnt give a lick lol
Like pre-trial claims, she throws literally everything at the wall to see what sticks. I believe she had a litany of claims, all of which were dismissed and the only 3 claims left were what we saw in the trial. LOL
I’m guessing even they weren’t able to restrain Amber from her insistence “But…but…but it was JOHNNY’s* fault! See how many ways I have been WRONGED here!” *Or Elaine’s. Or whoever else’s. Anyone but Amber herself 🤦♀️😂
There is mention or withdrawal from the 2newly engaged at Rottenborn heard team...due to destitute defendent at premeditative Insurance fraud for willful malice that further compoundingly breached confidentiality contract (thou shall not mention JD ever...~ breached right after Heard's signed,..} Lawsuit at NYMarine so not paid 7million JD's charity in Heard's name and NOT paid lawyers And still NOT PAID VERDICT 10+5 LESS LIMIT COMPENSATORY punitives for premeditative defamatory malicious lies against Ambuser 's victim....
But their problem is their client... She has to say what she wants. Johnny trust his attorneys to do their job. She wants to also do their job it seems, she wants to be involved....
Seems to me that one of Amber’s junior attorneys during the trial was tasked with keeping a list of potential appeal issues. The appeal attorneys then used the list without much editing because they ran into a deadline.
They may be good or not but what is happening here is that they are satisfying their client and not trying to win. Doing as your told may not bathe themselves in glory but probably saves them grief.
Just the fact that her appeal brief includes no page numbers means they expect the appeals court to do all the research. That’s in direct violation to Virginia law regarding appeals.
@@susanwehe8270 IF I was someone who had to work with such a document ... I would either send it back to have it amended (with a strict time limit) OR IGNORE ALL "EVIDENCE", which would make short work of it. "Facts not in evidence" is true when they are not presented to the court ... even if they are widely known.
One last comment,the only issue I have with this video is that it is too short. I love listening to your explanations. You are my favourite online lawyer. You explain things that the common person could understand. Thank you Andrea! 🤩
I'm glad it's short because I believe the Turd using her words for help. Just her using her first 3 points on what Andrea said would be her best bet and said and done! First 3
Amber's brief mirrors how she always handles things. Bombard the opponent with endless word salad for hours on end until they finally relent from exhaustion. Thankfully her tried and true method won't work in court.
Thanks, Andrea! Emily D. Baker gave you a shout-out on her live stream the other day when she was covering this topic as well. We all thank you for your incredible & insightful work on this case. I was surprised by Vanity Fair’s article omitting Depp’s Brief...
@@aleccampbell7707 The court of public opinion never adjourns, and no ruling short of an actual lynch mob is completely final. She thinks she can claw her way back.
13:39 This argument is the argument by Amber I despise the most: It’s listed as #2 on that Appeal List. It’s that the UK judgment should prevent any further litigation. It turns my stomach, because: The UK IS NOT THE US. What POWER does another COUNTRY have OVER the US JUDICIAL SYSTEM???!!!! NONE, as far as I believe. NONE. ZERO. The UK JUDGE HAD TIES TO AMBER’S LEGAL TEAM. In the UK, Depp sued The Sun, not Amber. The Judge didn’t admit into evidence LOADS of evidence against Amber because she was not a party to the proceedings, and Amber couldn’t be cross-examined about many things because she was not a party. Plus, the UK trial was disseminated through The Lens of THE WOKE MEDIA, because cameras were not allowed. Therefore, THE WOKE MEDIA slanted EVERYTHING in Amber’s favor.
I really think the UK judge had hot pants for Amber. And I would not put it past Amber to have made contact with the judge and gave him a good time. To me that would explain the extreme over-the-top ruling in the UK case. This is just speculation I have no proof of course.
You forgot the fact the judge’s son worked for the Sun and is friends with one of the defendants. Also his wife went to parties with the owners of that tabloid. I have no idea why it was allowed. The judge should never have been adjudicating the trial.
@@sylvias5087 never thought of that but I wouldn’t put it past her to do that. Amber is gay. (Nothing wrong with that) but she uses whoever to get what she wants and if she had to be with men she will. I just wish Johnny never fell for her but she loved bombed him and he was taken it by her
I was surprised by these arguments and the fact that AH has hired these new high profile lawyers because it seems that Elaine wrote them instead. Everything but the kitchen sink and all the arguments that have been repeatedly thrown out by the court numerous times. And, once again, Johnny’s team is concise and perfectly written.
I think Amber is the issue, not the lawyers, that's why it's like Elaine wrote it, they do what Amber wants, they can only try to tell her what's best, but I suppose she thinks she knows best so they just do whatever she wants them to. As long as Amber is the client it will look the same.
100% it’s so typical of the difference of each legal team. I think and of course I don’t know but if I was the appellant judges…this would annoy me having this many objections?
Before Scott Adams, there was Marcus Fabius Quintilian: "We must not always burden the judge with all the arguments we have discovered, since by doing so we shall at once bore him and render him less likely to believe us." I got it from Antonin Scalia's _Making Your Case: The Art of Persuading Judges_ , which gives advice much like Andrea's. I couldn't so easily find a quote I remembered from a long-ago appellate judge, who said that if the appellant brought him more than three issues, his starting assumption was that there was no damned merit in any of them.
I suppose this answers the question of whether Amber would come to her senses and let her lawyers do the lawyering. Clearly she's still trying to micromanage the case. Given her style of argumentation, where she would just filibuster Johnny by going on and on without him getting a word in edgewise, it makes sense to me that she'd think she can win her appeal with sheer numbers of (bad) arguments.
Other Law Tubers have stated that Amber's appeal designations may be more for public relations. I'm looking forward to everyone's analysis when the appeal briefs are filed.
Astonishing, how the AH camp are clutching at straws through some very strange optics. She's surely throwing good money after bad with these 'errors' you so intelligently highlight. Looking so gorgeous today Andrea. Keep up the great work ... 🇬🇧
I can’t understand why any reputable firm would want to get involved with 1. Amber as a client, or 2. The overwhelming lack of support for this case. I read Amber Heard is the most hated woman in the country
For those high powered lawyers who took the case, their specialty focuses on free speech. I thought they took AH on for the very reason they could have a go at the idea of defamation by implication, and perhaps create a greater clarity surrounding that. It had nothing to do with AH, it was about getting in there and possibly setting precedent that breaks ground. Just my two cents, though.
i find her appeal documents as very childish they seem like someone having temper attack when they didn't get their way, JDs raise's a question could he be responsible for someone elses opinion clearly seem problematic for Heards counterclaim as to how much the verdict to the 10.3 million i think it was low considering the loss he had due to her op ed
Love listening to Andrea break down the legal side. Very clear and very informative - can’t wait to hear her analysis of the briefs when they are filed ❤
Andrea, you are far and away the best lawyer on youtube and the only one I really believe. You don't have an agenda and just tell it like it is. You're also an appellate lawyer who knows your shit. Thank you for talking to those, lawyers or not, who might not do appellate work.
You mentioned the word perspective. You superbly demonstrate how important that word is. I've become a fan of your channel due to your perspective on all of the cases that you choose to explain for us. Credit due and all received is well deserved.
Andrea is able to do her videos after several other attorneys and content creators already released videos about something and yet, Andrea is able to present a very different angle that I quite enjoy.
Andrea often has the documents and information before others (as in these particular documents) but she does not rush out a video or her opinion right away. She takes time to read, digest and then look at it through the lenses of her knowledge and experience before putting "pen to paper" (or face to video) and sharing those thoughts in a clear concise unbiased way. Something that used to be much more commonplace and that we, as a society need to return to. I, for one, appreciate this immensely. Thank you, Andrea!
@@chrispetersen4863 exactly, she doesn’t mind sharing these documents, takes her time and presents very interesting information, educative content. She also takes the time to answer questions.
Yeah 16 assignments makes sense, because AH can cry later that they “only” had 12000 words/50 pages. So if she loses, it wasn’t fair because limited on pages/words.
Thanks Andrea, for your integrity, you are one of those lawyers who sees the common sense of the law, the way it should be interpreted, vs in ways that twist it to fit an agenda.
AB, so charming, so intelligent, so graceful, so precise, so diplomatic, so concise, so organized in presentation--my favorite esquire, if I may be so familiar, love.
Her list is more of a public PR move. Let’s keep media talking about AH being the “victim “ 🤮. Now it’s the trial court’s fault . They made a lot of mistakes. 🤦🏽♀️
@@goosebump801 exactly! I believe her PR is setting it up for that in the event that she loses. Another example of Johnny’s “power” . This time over the appeal judges 😝😝😝😝
The document reads like a somewhat legal press release. You hit it spot on. She wants this printed in every paper as written so she can continue to harp on “all the evidence” she wasn’t allowed to include (hearsay and what she told her friends and therapists).
Main difference is their clients. AH is full on crazy, and probably demands that her lawyers do what SHE thinks is right, and won’t listen to advice. Going by the trial itself, that would account for a lot. No one knows what she’s really like until they’re working with her or living with her. Up to that point, they all think they can control her, that she’ll be fine and no more difficult than any other celebrity client. I bet every law firm has a basement dive emergency meeting fairly early on where they drink and swear and realise everything JD said was true and that they’re going to have to try and just cope somehow… JD in comparison is a decent, nice guy who listens to advice and will be happy to be led by the lawyers he trusts to do their best for him. It’s rather fitting that even her top-notch appellant lawyers are being completely torpedoed by her own arrogance and narc craziness. They can’t control her. No one can. I hope they all see what JD was up against, and how on Earth this whole situation became such a circus. The answer is AH herself. She’s the one who created the circus. She is the top clown. This ‘appeal’ process is just another big PR move. Give the press lots of juicy stuff so that they can dig another massive ‘poor Amber’-sized hole for the gullible to fall into. She just wants to whine about how unfair it all is, and to be able to blame her failures on another target - the judge and the appeal judges. We all know that nothing is her fault. Everything that goes wrong is someone else’s fault. 🤦🏻♀️ Just my thoughts and opinions of course
I'm assuming that would be new evidence and the appeal does not address new evidence. Not to mention the appeal only addresses whether the judge or jury was in error.
I've been checking every day (as always!) for your updates! Of all the lawyers speaking out on this case, your commentary has always given the most unbiased (in my opinion) view and the way you explain the laws in the US' various states shows a depth of research that I personally feel is exemplary. (I'm in Canada, where there isn't that much variation between provinces)... thank you!
I am just glad you not going to go into the meat of it yet as I do believe these people watch channels and I really do not want them getting ideas lol!
I thought that Amber hired a new set of lawyers; good lawyers? Wouldn’t they know that what an assignment of error should include? They will dilute their appeal with 16 issues?
@Helen Merkis My thoughts exactly she's still doing the same thing she did with her old lawyer. Then again those lawyers just want the money even if they lose she still pays them.
She stated she wanted to go for freedom of speech. One of her new attorneys specializes in that but it seems like they’ve dropped that idea, at least as far as I have heard.
I think the term ‘clutching at straws’ is a good fit for AH. I think, also, ‘not fit for purpose’ is a good one for AH. Thank you AB for your professional insight.
First, the service you do to the community by expending your own resources so that we ALL may see is amazing. My question is this: I thought these were preeminent, top shelf attorneys she was hiring. Why would these "super lawyers" allow that disjointed and scattered mess be filed.. burning their own limited resources?
Agreed - and I wouldn’t be surprised if the AH team is tuned in to all the lawyers reviewing the points on the AoE before deciding which of the 16 to single out keeping the JD team guessing
Love your insight! Also love that Andrew of @Legal Mindset said you were the only chick he would ever have on pimp cast! Girl you must be way more cool than most of us ever knew! 🙌🙌🙌🙌🙌🙌🙌🙌🙌🙌🙌
@professor Burkhart: Wow! Thank you again for breaking down this appeals in such a layman’s way. Now I understand the strategy and psychology of a persuasive appeals structure. Love the hair, too 💯
When the litigant is a narcissist, it is common to see such petty, overbroad, “cast a wide net” types of complaints/filings. No narcissist will allow any opportunity to deflect blame or claim victimhood to go unspoken. The law’s general desire for facts and brevity inevitably conflict with human psychology in this case. I pity the attorneys who must somehow reconcile these two conflicting sets of demands.
Thank you so much Andrea. After watching your video I feel reassured that she’s NOT going to win in appeal. I’ve been watching many legal analysis of this subject and to my great distress, some have forecasted a possible victory for the marine turd. So the idea of a retrial had really disturbed me. Thank you again, you have reassured me that we will NOT have to start campaigning again for justice for Johnny.
Thank you. I was surprised when I saw AH's...reportedly she had hired the best of the best lawyers for this stage but the paperwork was not what I had expected to see from them.
Fascinating point about cognitive dissonance. I think there's a very publishable book inside Andrea Burkhart about the law related to memoir, theory and practice. It's amazing that she is also trained to punch you on the nose.
Andrea, I continue to be amazed by your intelligence, integrity and dedication to your channel, especially considering how many other things you have on your plate. I am very grateful. Thank You So Much !
Very interesting. Though pretty sure last time Amber's team had to submit a certain number of pages they went way over and attached an appendix hundreds of pages long. But good to know, surely the new appeals lawyers will whittle the list down. Time will tell.
Why would seemingly reputable attorneys, as in her new appeals attorneys, allow this crap shoot appeal to be filed?! If these new guys are experts in their field you would think they would know what will work and what is going to look insanely ridiculous. 🤷♀️
If the appeals court talks to the jury, a lot of her arguments for appeal would go out the window on the fact that few have talked said she wasn't believable. Hard to find fault that during 6 weeks she would crying 1 minute talking about being beat then the next like nothing even happened stone cold face.
That’s why she isn’t saying much. Once the briefs are filed, her attorneys can’t go online and make any changes. Andrea is not saying a lot but enough for us to understand the process. Nothing any of them can do in November when the briefs are filed. The attorneys can’t change anything and then Andrea can tell us more. After all she is an Appellant Attorney of many years and knows what she is talking about. That 1st Amendment crap won’t fly. Sure you have your rights to speak the truths but you can’t speak to defame and destroy somebody’s life. AH with her lies. Karma baby. She’s in Spain still lying. Guess she thinks only Americans watched the Trial. Wrong. JD warned her if she wanted to go to court it would be global humiliation for her and it was. She did not turn over all of her devices. She knew not to put some of her Audio’s in iCloud because those can’t be deleted. Johnny asked her during an audio to send an audio to him and she did, never thinking that would be used against her. There was an argument about the time and date on somethings Johnny submitted. Of course the metadata would be much different. Different date and device. I am not a technical person at all and even I know the difference. For example, my children who are 45 & 46 years old now sent me some pics and videos from when they were very young. My metadata shows the date of the ages they are now which was the date they sent me the info. The problem with AH and her ever changing stories she never thought would be vetted. Remember the same pic on two different days and years, she was upset because the metadata was covered. Can’t wait for this Trial. Maybe the Appeal Judges will see Josh trying to keep the officer out of the Penthouse the second time they called but the officer insisted on coming into the Penthouse himself. AH can never answer a question.
My thought completely, thats why I'm glad she cut this short and didn't give them more advice. For goodness sakes the first 3 points were what AB said would bee her best bet. Infuriating!
So charming, intelligent and to the point. I really appreciate the way that you lay out your videos. I always come away from them having learned something and I can't say that for all lawyers on UA-cam. Thank you for everything you put into it, Andrea.
Great video. I always appreciate your clear minded, unbiased approach to these issues. I like that you are reserving your opinion on the appeal until the final brief is filed. Off topic but I'm curious as to why 2 lawyers that are supposedly as experienced and smart as AH's would adopt this "throw everything at the wall and hope something sticks" tactic? Are they simply trying to poison the well of public discourse with all these alleged errors? Is this simply a PR move? Surely they know they cannot argue 16 errors effectively? Why would they adopt such a scattershot strategy? I have to think either it's because it comes down to a fight for public opinion, that their client insisted on such a strategy, or simply that they hope that one of the 16 will be a winner so they can spin it in the media that they "won" the appeal. I've already heard more than one lawyer say that the 16 points of appeal seems like a PR move.
Adam Waldman Gave Josh Drew's Statement About How The 3 Of Them Were Setting Johnny Up To Be Arrested For Abusing Amber and He was Going To Testify and When It Came Time For Him To He Changed His Story, Will They Be Able To Use That Statement In The Appelet Court ??? If these are 1st Amendment Attorneys... Why Do They Have 16 Points Of Errer Then !! I Don't Understand Why She Hired Them ?? She Needs Someone That Knows Every Single Law Not Just The 1st Amendment??
Andrea, how would the appeal judges handle conflicting assignment? For example Amber claims that the court erred in denying the UK ruling and in excluding the UK judgement from evidence, but also claimed that the court erred in admitting evidence related to her charity donations and to her alleged abuse of third parties. Yet that same evidence was included in the UK trial; so Amber must claim that the UK court also erred in including that evidence. (And there are many more similar examples).
Hi Andrea, looking for your breakdown of both sides. AH team has always got to have loads going on instead of sticking to a few important ones. Like you said. You're fab 😘
In the funshine spirit of comedian Chris Farley. Do you remember the time you were talking about Amber Heard on the witness stand and made a heehaw heehaw sound? That was awesome.
Rule 5A:20(c) requires that the Assignment of Error filing includes the references and preservations that AH's lacks and JD's has. Rule 5A:20(c)(2) Insufficient Assignments of Error. "An assignment of error that does not address the findings, rulings, or failures to rule on issues in the trial court or other tribunal from which an appeal is taken, or which merely states that the judgement or award is contrary to the law and the evidence, is not sufficient. If the assignments of error are insufficient, the appeal will be dismissed." Rule 5A1A(A) Penalties for Non-Compliance specifically excludes 5A:20(c) from the circumstances under which the Court may issue an alternative to the case being dismissed and give them time to fix it or show cause why it should not be dismissed. Specifically: "EXCEPT AS PROVIDED IN RULE 5A:12(c)(1)(i) AND (ii) AND 5A:20(c) REGARDING ASSIGNMENTS OF ERROR, BEFORE DISMISSING AN APPEAL.... etc. etc." Where a comma is, is very important! If they had got a reference number wrong, that is explicable. To not include them at all is specifically excepted in the rules under which a bit of wriggle room on the filing might be applied. So it should be a fait accompli. Amber's appeal should be dead in the water from day 1 of her appeal, and JD's team have once again schooled Amber's team in how it is done. Or have I got it wrong?
AH's lawyers site Rule 5A:25. And I understood from that Rule, that they have 10-15 days to add appendixes and such to this electronically filed Assignment of Errors. English is not my primary language though, so I might have understood the Rule incorrectly.
@@sroblem As I read it, "counsel for the appellant must file with the clerk of the Court a statement of the Assignments of Error AND a designation of the contents to be included in the appendix within 15 days of the filing of the record".... so it should not be an additional 15 days to add anything to the appendices after the AoE; both need to be done together within the same time frame of the initial filing. JD's team did this, AH's team gave a broad scope but with NO designations for the appendices - so technically all their arguments are based on zero evidence because they included no evidence to be considered. Maybe the Court will apply an extremely liberal interpretation and allow them to include those with the Appellant Brief, but it is not obliged to do so. At this point, they could just say "No!" and throw out all sixteen points on the basis that there are no designations at all with any of the points in AH's AoE. Katherine Lizardo did quite a good explanation of it, but I believe that she got some of the grammar incorrect and misinterpreted what one document actually read - which is one of the reasons I raised it in my initial post. In her interpretation of the document there was an allowance for clarifications and completion of details if there was good reason to do so, but in MY reading of the same document, that was specifically excluded in regards to an insufficient AoE (which in AH's case, would be because of no designations filed supporting her assertions in appeal). I know English isn't your first language, but I hope I have clarified things - if not, then comment and I will try to explain.
@@davidstancomb5380 Could be, as I said, I am no expert on Virginia Rules nor English language :P However, it would be absolutely unheard of and absolutely RIDICULOUS if Virginia based lawyers (Rottenborn) do not know how to file an Assignment of Errors in Virginia.. And I don't want to believe that. Also, why site the Rule 5A:25 otherwise?
@@sroblem 5A:25(d)Determination of Contents of Appendix and Exchange of Assignments of Error. - Within 15 days after the filing of the record with this Court or, in a case in which a petition for appeal has been granted, within 15 days after the date of the certificate of appeal issued by the clerk of this Court, counsel for appellant must file in the office of the clerk of this Court a written statement signed by all counsel setting forth an agreed designation of the parts of the record to be included in the appendix. In the absence of such an agreement, counsel for appellant must file with the clerk of this Court a statement of the assignments of error and a designation of the contents to be included in the appendix within 15 days after the filing of the record or, in a case in which a petition for appeal has been granted, within 15 days after the date of the certificate of appeal. So, what does this mean? Allegedly all counsel have NOT signed the written statement for an agreed designation, and so the second part of the paragraph I have quoted becomes applicable. Hence the reference 5A:25 which they referred to in their AoE.
Perhaps Amber believes the Court should have allowed her to spew her outrageous fantasies as fact! That’s the only reason she’s appealing, like a naughty kid to says she “didn’t do it”.
I watched another lawyer that says her assignments of errors has not been followed and therefore may be dismissed. Is this true? It was apparently a new law that was added in Jan 2022.
I think I've just watched the same post. It was very interesting and I would love to hear Andrea's perspective on this extra information. I really appreciate her knowledge and way of imparting it for us.
16 errors but no references to relevant trial transcripts (pages nos etc) provided. This is mandatory in Virginia's appellate court system. This ommission is significant and could result in AHs appeal being dismissed.
These may be included in the briefs. They have to explain the reasons for these arguments in detail at that time. But, as Andrea said, they will be limited to the number of pages and words, it should be interesting.
I wonder if Amber Heard watches any of these videos, and if she does, if her mind has the conceptual ability to understand the content. Andrea does an excellent job of explaining many things that apply to many people in many situations. Conceptual thinking seems to be out of reach of most people, especially if they are addicted to Facebook and other social media as discussed in the book "The Shallows" by Nicholas Carr.
I don't know why AH just didn't file the assignments as: WaaaWaaaa I was supposed to win I'm the victim of that man WaaaWaaaa! That's what it comes down to 😭😭😭🙄
Amber's like a 4 year old throwing an "its not fair" temper tantrum
No Brettney, she is a psy-path with the backing of her entire society. She may not even be the engine of this continuing battle. The Fm organization is involved
🙌💯 Exactly
😆 she's plugging her ears with her fingers singing- "la la la la la la la la ...I can't hear u....la la la la la la .."
Like?
Yes! A 15 million dollar temper tantrum! 👌 Great work AmbiePants. Your expectations do not line up with reality.
Ambers lawyers: OK Amber what specifically do you want to appeal?
Amber: The fact that Johnny won. It should have been me.
🙌💯
😂😂😂
🤣🤣🤣
She truly wants a new trial (& has asked for that, too) so she can write a new script & prepare her answers without screw ups like she did the first time. I believe she thought this case would be as simple as the UK trial was (as she continues to point out & I think believes SHE won the UK verdict even tho we all know it had nothing to do with her... she thought the US would be comparable, she'd skate rt thru like she did there changing her story 7 times & the judge would be as enamored with her as Judge Nicols was. She wasn't prepared to impress 7 people with 7 views which is why she stared a hole thru that 1 poor guy. I saw a video the other day making fun of that. How she REALLY thought she was impressing them by speaking directly to them changing her reactions so quickly they weren't remotely believable. In reality, it creeped them out!! Would me, I'm sure!
then we see her in news where she took a shit in public. so why should we take her seriously? and yes she actuality did that where people saw it and she didnt give a lick lol
If her current attorneys for the appeal are suppose to be SO good.... wouldn't they know that 16 items are excessive and a bad idea for Appeal?
Like pre-trial claims, she throws literally everything at the wall to see what sticks. I believe she had a litany of claims, all of which were dismissed and the only 3 claims left were what we saw in the trial. LOL
I’m guessing even they weren’t able to restrain Amber from her insistence “But…but…but it was JOHNNY’s* fault! See how many ways I have been WRONGED here!”
*Or Elaine’s. Or whoever else’s. Anyone but Amber herself 🤦♀️😂
There is mention or withdrawal from the 2newly engaged at Rottenborn heard team...due to destitute defendent at premeditative Insurance fraud for willful malice that further compoundingly breached confidentiality contract (thou shall not mention JD ever...~ breached right after Heard's signed,..}
Lawsuit at NYMarine so not paid 7million JD's charity in Heard's name and NOT paid lawyers
And still NOT PAID VERDICT 10+5 LESS LIMIT COMPENSATORY punitives for premeditative defamatory malicious lies against Ambuser 's victim....
But their problem is their client... She has to say what she wants. Johnny trust his attorneys to do their job. She wants to also do their job it seems, she wants to be involved....
Seems to me that one of Amber’s junior attorneys during the trial was tasked with keeping a list of potential appeal issues. The appeal attorneys then used the list without much editing because they ran into a deadline.
The differences in professionalism between the two documents is amazing to me.
It both does, and doesn't, surprise me if I'm honest. One party has professional representation and the other has showboaters.
They may be good or not but what is happening here is that they are satisfying their client and not trying to win. Doing as your told may not bathe themselves in glory but probably saves them grief.
Just the fact that her appeal brief includes no page numbers means they expect the appeals court to do all the research. That’s in direct violation to Virginia law regarding appeals.
When you "have nothing" ... you can only create a lot of smoke and hope to confuse the opponent with a bunch of mirrors.
@@susanwehe8270 IF I was someone who had to work with such a document ... I would either send it back to have it amended (with a strict time limit) OR IGNORE ALL "EVIDENCE", which would make short work of it.
"Facts not in evidence" is true when they are not presented to the court ... even if they are widely known.
One last comment,the only issue I have with this video is that it is too short. I love listening to your explanations. You are my favourite online lawyer. You explain things that the common person could understand. Thank you Andrea! 🤩
I'm glad it's short because I believe the Turd using her words for help. Just her using her first 3 points on what Andrea said would be her best bet and said and done! First 3
Me too!!!
Spot on comment 🙂👍
She's my favorite also
I concur!
Amber's brief mirrors how she always handles things. Bombard the opponent with endless word salad for hours on end until they finally relent from exhaustion. Thankfully her tried and true method won't work in court.
Thanks, Andrea! Emily D. Baker gave you a shout-out on her live stream the other day when she was covering this topic as well. We all thank you for your incredible & insightful work on this case. I was surprised by Vanity Fair’s article omitting Depp’s Brief...
That Vanity Fair article was bizarre 😳
Well fuck now I gotta unsub from vanity fair.
The only way stuffing this document so full of different arguments is that it was made for public consumption, not judicial.
But she already claimed the most hated women in America if the the entire world award she has LOST the court of public opinion
@@aleccampbell7707 The court of public opinion never adjourns, and no ruling short of an actual lynch mob is completely final. She thinks she can claw her way back.
13:39 This argument is the argument by Amber I despise the most: It’s listed as #2 on that Appeal List. It’s that the UK judgment should prevent any further litigation. It turns my stomach, because: The UK IS NOT THE US. What POWER does another COUNTRY have OVER the US JUDICIAL SYSTEM???!!!! NONE, as far as I believe. NONE. ZERO. The UK JUDGE HAD TIES TO AMBER’S LEGAL TEAM. In the UK, Depp sued The Sun, not Amber. The Judge didn’t admit into evidence LOADS of evidence against Amber because she was not a party to the proceedings, and Amber couldn’t be cross-examined about many things because she was not a party. Plus, the UK trial was disseminated through The Lens of THE WOKE MEDIA, because cameras were not allowed. Therefore, THE WOKE MEDIA slanted EVERYTHING in Amber’s favor.
Absolutely agree, and I’m in the UK! It was a travesty.
Amen to that.
I really think the UK judge had hot pants for Amber. And I would not put it past Amber to have made contact with the judge and gave him a good time. To me that would explain the extreme over-the-top ruling in the UK case. This is just speculation I have no proof of course.
You forgot the fact the judge’s son worked for the Sun and is friends with one of the defendants. Also his wife went to parties with the owners of that tabloid. I have no idea why it was allowed. The judge should never have been adjudicating the trial.
@@sylvias5087 never thought of that but I wouldn’t put it past her to do that. Amber is gay. (Nothing wrong with that) but she uses whoever to get what she wants and if she had to be with men she will. I just wish Johnny never fell for her but she loved bombed him and he was taken it by her
I was surprised by these arguments and the fact that AH has hired these new high profile lawyers because it seems that Elaine wrote them instead. Everything but the kitchen sink and all the arguments that have been repeatedly thrown out by the court numerous times. And, once again, Johnny’s team is concise and perfectly written.
Agreed
I think Amber is the issue, not the lawyers, that's why it's like Elaine wrote it, they do what Amber wants, they can only try to tell her what's best, but I suppose she thinks she knows best so they just do whatever she wants them to. As long as Amber is the client it will look the same.
100% it’s so typical of the difference of each legal team. I think and of course I don’t know but if I was the appellant judges…this would annoy me having this many objections?
Elaine had to be 100% be on court case with insurace company -there is money involved there :D
It seems like a slap in the face of Judge A. Like she was wildly incompetent. Judge A was an excellent and extremely patient judge.
Both sides stood and applauded her at the trial's conclusion
@@MrModel--CAPTURED-ON-FILM true, altho AH herself did not applaud.
She knew it was going to happen. I don't think she'd take it personally unless it was overturned
Judge A. was VERY professional.
@@kellyupdyke8141 yeah, that was strange.....
Before Scott Adams, there was Marcus Fabius Quintilian: "We must not always burden the judge with all the arguments we have discovered, since by doing so we shall at once bore him and render him less likely to believe us." I got it from Antonin Scalia's _Making Your Case: The Art of Persuading Judges_ , which gives advice much like Andrea's.
I couldn't so easily find a quote I remembered from a long-ago appellate judge, who said that if the appellant brought him more than three issues, his starting assumption was that there was no damned merit in any of them.
Andrea and Lawyer You Know are the best attorneys to explain all these issues so we all understand!
I suppose this answers the question of whether Amber would come to her senses and let her lawyers do the lawyering. Clearly she's still trying to micromanage the case.
Given her style of argumentation, where she would just filibuster Johnny by going on and on without him getting a word in edgewise, it makes sense to me that she'd think she can win her appeal with sheer numbers of (bad) arguments.
Other Law Tubers have stated that Amber's appeal designations may be more for public relations. I'm looking forward to everyone's analysis when the appeal briefs are filed.
Astonishing, how the AH camp are clutching at straws through some very strange optics. She's surely throwing good money after bad with these 'errors' you so intelligently highlight. Looking so gorgeous today Andrea. Keep up the great work ... 🇬🇧
So far it hasn't been her money. It's easy for her to spend all this money when she hasn't had to pay for anything. (Minus her homeowner's premiums.)
@@MissaPality very true ...
@@MissaPality 👍, she probably will have to pay for the Lawyer who’s going to represent her in the upcoming trial with one of her insurance companies.
I can’t understand why any reputable firm would want to get involved with 1. Amber as a client, or 2. The overwhelming lack of support for this case. I read Amber Heard is the most hated woman in the country
For those high powered lawyers who took the case, their specialty focuses on free speech. I thought they took AH on for the very reason they could have a go at the idea of defamation by implication, and perhaps create a greater clarity surrounding that. It had nothing to do with AH, it was about getting in there and possibly setting precedent that breaks ground. Just my two cents, though.
I'd say most hated in the world but definitely in America
i find her appeal documents as very childish they seem like someone having temper attack when they didn't get their way, JDs raise's a question could he be responsible for someone elses opinion clearly seem problematic for Heards counterclaim as to how much the verdict to the 10.3 million i think it was low considering the loss he had due to her op ed
Love listening to Andrea break down the legal side. Very clear and very informative - can’t wait to hear her analysis of the briefs when they are filed ❤
Andrea, you are far and away the best lawyer on youtube and the only one I really believe. You don't have an agenda and just tell it like it is. You're also an appellate lawyer who knows your shit. Thank you for talking to those, lawyers or not, who might not do appellate work.
Im very surprised her new legal team went with this. Imo, it shows how difficult it must be to work with her.
You mentioned the word perspective. You superbly demonstrate how important that word is. I've become a fan of your channel due to your perspective on all of the cases that you choose to explain for us. Credit due and all received is well deserved.
Andrea is able to do her videos after several other attorneys and content creators already released videos about something and yet, Andrea is able to present a very different angle that I quite enjoy.
No click bait speculation type stuff.
All other lawyers are a waste of time.
Andrea presents facts only.
Andrea often has the documents and information before others (as in these particular documents) but she does not rush out a video or her opinion right away. She takes time to read, digest and then look at it through the lenses of her knowledge and experience before putting "pen to paper" (or face to video) and sharing those thoughts in a clear concise unbiased way. Something that used to be much more commonplace and that we, as a society need to return to. I, for one, appreciate this immensely. Thank you, Andrea!
@@chrispetersen4863 exactly, she doesn’t mind sharing these documents, takes her time and presents very interesting information, educative content. She also takes the time to
answer questions.
@@thekitowl agreed.
I’d pay money to be a fly on the wall when she’s discussing plan of action with her lawyers. I just don’t get it.
In the end, she thinks the $100 million is hers and she’s going to get it no matter what.
pretty sure her plan was really as simple as throwing shit against the wall and hope something sticks.
@@cybersal7 50X her highest earnings counter claim should have been tossed right away
Yeah 16 assignments makes sense, because AH can cry later that they “only” had 12000 words/50 pages. So if she loses, it wasn’t fair because limited on pages/words.
Appeal filings will be as meandering as her testimony on stand?
BAM patriarchy.
can you write my thesis for me AH. would save me some time 🇪🇺🤣
Thanks Andrea, for your integrity, you are one of those lawyers who sees the common sense of the law, the way it should be interpreted, vs in ways that twist it to fit an agenda.
AB, so charming, so intelligent, so graceful, so precise, so diplomatic, so concise, so organized in presentation--my favorite esquire, if I may be so familiar, love.
Thank you Andrea for not giving any suggestions to AH's team. We all know they are listening! Another great video. Thank you for all you do!
Her list is more of a public PR move. Let’s keep media talking about AH being the “victim “ 🤮. Now it’s the trial court’s fault . They made a lot of mistakes. 🤦🏽♀️
Yep. And next it’ll be the appeals court’s fault 🤦♀️🤦♀️
@@goosebump801 exactly! I believe her PR is setting it up for that in the event that she loses. Another example of Johnny’s “power” . This time over the appeal judges 😝😝😝😝
The document reads like a somewhat legal press release. You hit it spot on. She wants this printed in every paper as written so she can continue to harp on “all the evidence” she wasn’t allowed to include (hearsay and what she told her friends and therapists).
Agree with you.
It looks like SHE made the decision on the errors, not her lawyers, which reinforce my suspicions about WHY they took her as a client.
Andrea's a natural communicator and educator.
What in the world is she trying to do with all this BS it's ridiculous. Thank you for all your hard work you make it so easy to understand.
Main difference is their clients. AH is full on crazy, and probably demands that her lawyers do what SHE thinks is right, and won’t listen to advice. Going by the trial itself, that would account for a lot.
No one knows what she’s really like until they’re working with her or living with her. Up to that point, they all think they can control her, that she’ll be fine and no more difficult than any other celebrity client. I bet every law firm has a basement dive emergency meeting fairly early on where they drink and swear and realise everything JD said was true and that they’re going to have to try and just cope somehow…
JD in comparison is a decent, nice guy who listens to advice and will be happy to be led by the lawyers he trusts to do their best for him.
It’s rather fitting that even her top-notch appellant lawyers are being completely torpedoed by her own arrogance and narc craziness. They can’t control her. No one can. I hope they all see what JD was up against, and how on Earth this whole situation became such a circus. The answer is AH herself. She’s the one who created the circus. She is the top clown.
This ‘appeal’ process is just another big PR move. Give the press lots of juicy stuff so that they can dig another massive ‘poor Amber’-sized hole for the gullible to fall into. She just wants to whine about how unfair it all is, and to be able to blame her failures on another target - the judge and the appeal judges. We all know that nothing is her fault. Everything that goes wrong is someone else’s fault. 🤦🏻♀️
Just my thoughts and opinions of course
I think you are exactly correct.
Yay! One of my fave attorneys is back! Love your analysis, Andrea. Thank you.
Good morning Andrea 😘 thank you for all. Have a good day 🌈
What happened to the mountains of evidence and the pictures her attorneys forgot to show at the trial? Looks like that was as bogus as we thought.
I'm assuming that would be new evidence and the appeal does not address new evidence. Not to mention the appeal only addresses whether the judge or jury was in error.
Her mountains of evidence was therapist notes from what she told the therapist which is hearsay bc there's no way to verify facts
@@dougntoni11111 no new evidence is allowed
I've been checking every day (as always!) for your updates! Of all the lawyers speaking out on this case, your commentary has always given the most unbiased (in my opinion) view and the way you explain the laws in the US' various states shows a depth of research that I personally feel is exemplary. (I'm in Canada, where there isn't that much variation between provinces)... thank you!
Thanks, Andrea. Great clarity as always 👌👏❤️
I am just glad you not going to go into the meat of it yet as I do believe these people watch channels and I really do not want them getting ideas lol!
I thought that Amber hired a new set of lawyers; good lawyers? Wouldn’t they know that what an assignment of error should include? They will dilute their appeal with 16 issues?
@Helen Merkis My thoughts exactly she's still doing the same thing she did with her old lawyer. Then again those lawyers just want the money even if they lose she still pays them.
She stated she wanted to go for freedom of speech. One of her new attorneys specializes in that but it seems like they’ve dropped that idea, at least as far as I have heard.
She did but they were thinking wth let her have her appeal while we get money and end this. Jmo
Amber 🤡 doesn’t listen to anyone she knows everything.
@@cybersal7 Andrea addressed this in the video
I think the term ‘clutching at straws’ is a good fit for AH. I think, also, ‘not fit for purpose’ is a good one for AH. Thank you AB for your professional insight.
Another unbiased intelligent synopsis of what is going on. Thank you Andrea.
I think the word you're looking for with her assignments of error is "superfluous". 16 errors and 50 pages to present them all... good luck, lol.
I've been waiting for your review!
Damn it really seems like she's clutching at straws, throw enough things in there and hope something works out.
I think AH's got a couple things in there about the UK trial too. What the HELL does that have to do with THIS case in Va.?
Thanks for a drama-free channel that professionally gives the information.
First, the service you do to the community by expending your own resources so that we ALL may see is amazing. My question is this: I thought these were preeminent, top shelf attorneys she was hiring. Why would these "super lawyers" allow that disjointed and scattered mess be filed.. burning their own limited resources?
....because they had for a client a "fool and her money"?
A nonprofi opinion: they do not have yet a specific strategy... so, they made a list witl ALL... and they will decide later what it will be the focus
Agreed - and I wouldn’t be surprised if the AH team is tuned in to all the lawyers reviewing the points on the AoE before deciding which of the 16 to single out keeping the JD team guessing
Amber and co. clearly set Johnny up. Everything Adam said was true. #NFT!
Love your insight! Also love that Andrew of @Legal Mindset said you were the only chick he would ever have on pimp cast! Girl you must be way more cool than most of us ever knew!
🙌🙌🙌🙌🙌🙌🙌🙌🙌🙌🙌
Its because she doesn't whine and create drama. She gets to the point and cuts the bs. I don't blame him for saying that.
@@daughteroftime8047 *chuckles*
Maybe also the fact she boxes against men and women when she trains and does not cry after? ;)
Simply, we appreciate all you do SO much! Thank you!
Love hearing your prespective. Thank you for continuing to break these down for us.
I don't see how she thinks it would be a good thing to bring in the UK case that she heavily perjured herself in.
@professor Burkhart: Wow! Thank you again for breaking down this appeals in such a layman’s way. Now I understand the strategy and psychology of a persuasive appeals structure.
Love the hair, too 💯
When the litigant is a narcissist, it is common to see such petty, overbroad, “cast a wide net” types of complaints/filings. No narcissist will allow any opportunity to deflect blame or claim victimhood to go unspoken. The law’s general desire for facts and brevity inevitably conflict with human psychology in this case. I pity the attorneys who must somehow reconcile these two conflicting sets of demands.
Thank you for making these available to all and for unpacking this for us!
Thank you so much Andrea. After watching your video I feel reassured that she’s NOT going to win in appeal. I’ve been watching many legal analysis of this subject and to my great distress, some have forecasted a possible victory for the marine turd. So the idea of a retrial had really disturbed me. Thank you again, you have reassured me that we will NOT have to start campaigning again for justice for Johnny.
Amber & Elaine lied about attorney fees costing her 6 million. Certainly could affect jury's decision. No recourse for that?
Sunday morning with Andrea is my church! 😉
Thanks for sharing your clear, concise knowledge. Look forward to your videos always!
Thank you. I was surprised when I saw AH's...reportedly she had hired the best of the best lawyers for this stage but the paperwork was not what I had expected to see from them.
Thank you, Andrea!😊
Peter from Lawyer You Know thought there were two items they might have a chance on. The rest he said were a big "L"
Fascinating point about cognitive dissonance. I think there's a very publishable book inside Andrea Burkhart about the law related to memoir, theory and practice. It's amazing that she is also trained to punch you on the nose.
Andrea, I continue to be amazed by your intelligence, integrity and dedication to your channel, especially considering how many other things you have on your plate.
I am very grateful. Thank You So Much !
Very interesting. Though pretty sure last time Amber's team had to submit a certain number of pages they went way over and attached an appendix hundreds of pages long. But good to know, surely the new appeals lawyers will whittle the list down. Time will tell.
Thank you for an excellent explanation of this procedure!
Why would seemingly reputable attorneys, as in her new appeals attorneys, allow this crap shoot appeal to be filed?! If these new guys are experts in their field you would think they would know what will work and what is going to look insanely ridiculous. 🤷♀️
Some clients just won't let their lawyers be the experts on their cases.
Great review. Thank you for the clear and concise layout.
5:54 : It's possible to commit not mistakes and still lose. That's not weakness. That's life.
Thanks to TNG for that beautiful quote.
I enjoy very much your presentation . the explanation and discussion of points is excellent.
She did this to hear what UA-cam lawyers think and go with what you guys say. I'm sure ur one of the people she listens to. That aggravates me more!
Just a quick "Thank You!" for, once again, allowing all of us access to these documents!!! It is much appreciated!
Love your channel and the way you present the legal challenges on both sides! Can’t wait for the briefs and to hear your conclusion on them 😊
I feel like I get smarter just by listening to you speak! Thank you for not talking down to us.
If the appeals court talks to the jury, a lot of her arguments for appeal would go out the window on the fact that few have talked said she wasn't believable. Hard to find fault that during 6 weeks she would crying 1 minute talking about being beat then the next like nothing even happened stone cold face.
Ms. Andrea Thank you!,
How is she paying for this if she’s supposedly broke? Of course while on vacation in Spain. Curious.
Your clarifying explanations and clever whit are always appreciated, Andrea. Thank you
There's a big chance that your work will be used by her team.
That’s why she isn’t saying much. Once the briefs are filed, her attorneys can’t go online and make any changes. Andrea is not saying a lot but enough for us to understand the process. Nothing any of them can do in November when the briefs are filed. The attorneys can’t change anything and then Andrea can tell us more. After all she is an Appellant Attorney of many years and knows what she is talking about.
That 1st Amendment crap won’t fly. Sure you have your rights to speak the truths but you can’t speak to defame and destroy somebody’s life.
AH with her lies. Karma baby. She’s in Spain still lying. Guess she thinks only Americans watched the Trial. Wrong. JD warned her if she wanted to go to court it would be global humiliation for her and it was. She did not turn over all of her devices. She knew not to put some of her Audio’s in iCloud because those can’t be deleted. Johnny asked her during an audio to send an audio to him and she did, never thinking that would be used against her. There was an argument about the time and date on somethings Johnny submitted. Of course the metadata would be much different. Different date and device. I am not a technical person at all and even I know the difference. For example, my children who are 45 & 46 years old now sent me some pics and videos from when they were very young. My metadata shows the date of the ages they are now which was the date they sent me the info. The problem with AH and her ever changing stories she never thought would be vetted. Remember the same pic on two different days and years, she was upset because the metadata was covered. Can’t wait for this Trial. Maybe the Appeal Judges will see Josh trying to keep the officer out of the Penthouse the second time they called but the officer insisted on coming into the Penthouse himself. AH can never answer a question.
My thought completely, thats why I'm glad she cut this short and didn't give them more advice. For goodness sakes the first 3 points were what AB said would bee her best bet. Infuriating!
So charming, intelligent and to the point. I really appreciate the way that you lay out your videos. I always come away from them having learned something and I can't say that for all lawyers on UA-cam. Thank you for everything you put into it, Andrea.
Great video. I always appreciate your clear minded, unbiased approach to these issues.
I like that you are reserving your opinion on the appeal until the final brief is filed.
Off topic but I'm curious as to why 2 lawyers that are supposedly as experienced and smart as AH's would adopt this "throw everything at the wall and hope something sticks" tactic?
Are they simply trying to poison the well of public discourse with all these alleged errors? Is this simply a PR move?
Surely they know they cannot argue 16 errors effectively?
Why would they adopt such a scattershot strategy?
I have to think either it's because it comes down to a fight for public opinion, that their client insisted on such a strategy, or simply that they hope that one of the 16 will be a winner so they can spin it in the media that they "won" the appeal.
I've already heard more than one lawyer say that the 16 points of appeal seems like a PR move.
Adam Waldman Gave Josh Drew's Statement About How The 3 Of Them Were Setting Johnny Up To Be Arrested For Abusing Amber and He was Going To Testify and When It Came Time For Him To He Changed His Story, Will They Be Able To Use That Statement In The Appelet Court ???
If these are 1st Amendment Attorneys...
Why Do They Have 16 Points Of Errer Then !!
I Don't Understand Why She Hired Them ??
She Needs Someone That Knows Every Single Law Not Just The 1st Amendment??
Andrea, how would the appeal judges handle conflicting assignment? For example Amber claims that the court erred in denying the UK ruling and in excluding the UK judgement from evidence, but also claimed that the court erred in admitting evidence related to her charity donations and to her alleged abuse of third parties. Yet that same evidence was included in the UK trial; so Amber must claim that the UK court also erred in including that evidence. (And there are many more similar examples).
Hi Andrea, looking for your breakdown of both sides. AH team has always got to have loads going on instead of sticking to a few important ones. Like you said. You're fab 😘
Best Content LAWYER WE HAVE!!!!
Most excellent legal analysis on UA-cam!
Thank you for all your work you explain everything
Thanks Andrea for a clear analysis. I was waiting for this video. ❤️
Yay! Have been waiting for your take on these, thank you!
I love your videos. You focus specifically on the legal issues and clearly explain why something is good or bad. Always leaving saying wow.
Excellent as usual, Andrea. You are doing all of us, including other youtubers, a great service.
Sounds like the lawyers are just in it for the money knowing they have nothing
In the funshine spirit of comedian Chris Farley. Do you remember the time you were talking about Amber Heard on the witness stand and made a heehaw heehaw sound? That was awesome.
Rule 5A:20(c) requires that the Assignment of Error filing includes the references and preservations that AH's lacks and JD's has.
Rule 5A:20(c)(2) Insufficient Assignments of Error. "An assignment of error that does not address the findings, rulings, or failures to rule on issues in the trial court or other tribunal from which an appeal is taken, or which merely states that the judgement or award is contrary to the law and the evidence, is not sufficient. If the assignments of error are insufficient, the appeal will be dismissed."
Rule 5A1A(A) Penalties for Non-Compliance specifically excludes 5A:20(c) from the circumstances under which the Court may issue an alternative to the case being dismissed and give them time to fix it or show cause why it should not be dismissed.
Specifically: "EXCEPT AS PROVIDED IN RULE 5A:12(c)(1)(i) AND (ii) AND 5A:20(c) REGARDING ASSIGNMENTS OF ERROR, BEFORE DISMISSING AN APPEAL.... etc. etc." Where a comma is, is very important! If they had got a reference number wrong, that is explicable. To not include them at all is specifically excepted in the rules under which a bit of wriggle room on the filing might be applied.
So it should be a fait accompli. Amber's appeal should be dead in the water from day 1 of her appeal, and JD's team have once again schooled Amber's team in how it is done. Or have I got it wrong?
AH's lawyers site Rule 5A:25. And I understood from that Rule, that they have 10-15 days to add appendixes and such to this electronically filed Assignment of Errors. English is not my primary language though, so I might have understood the Rule incorrectly.
@@sroblem As I read it, "counsel for the appellant must file with the clerk of the Court a statement of the Assignments of Error AND a designation of the contents to be included in the appendix within 15 days of the filing of the record".... so it should not be an additional 15 days to add anything to the appendices after the AoE; both need to be done together within the same time frame of the initial filing. JD's team did this, AH's team gave a broad scope but with NO designations for the appendices - so technically all their arguments are based on zero evidence because they included no evidence to be considered. Maybe the Court will apply an extremely liberal interpretation and allow them to include those with the Appellant Brief, but it is not obliged to do so. At this point, they could just say "No!" and throw out all sixteen points on the basis that there are no designations at all with any of the points in AH's AoE.
Katherine Lizardo did quite a good explanation of it, but I believe that she got some of the grammar incorrect and misinterpreted what one document actually read - which is one of the reasons I raised it in my initial post. In her interpretation of the document there was an allowance for clarifications and completion of details if there was good reason to do so, but in MY reading of the same document, that was specifically excluded in regards to an insufficient AoE (which in AH's case, would be because of no designations filed supporting her assertions in appeal). I know English isn't your first language, but I hope I have clarified things - if not, then comment and I will try to explain.
@@davidstancomb5380 Could be, as I said, I am no expert on Virginia Rules nor English language :P However, it would be absolutely unheard of and absolutely RIDICULOUS if Virginia based lawyers (Rottenborn) do not know how to file an Assignment of Errors in Virginia.. And I don't want to believe that. Also, why site the Rule 5A:25 otherwise?
@@sroblem 5A:25(d)Determination of Contents of Appendix and Exchange of Assignments of Error. - Within 15 days after the filing of the record with this Court or, in a case in which a petition for appeal has been granted, within 15 days after the date of the certificate of appeal issued by the clerk of this Court, counsel for appellant must file in the office of the clerk of this Court a written statement signed by all counsel setting forth an agreed designation of the parts of the record to be included in the appendix. In the absence of such an agreement, counsel for appellant must file with the clerk of this Court a statement of the assignments of error and a designation of the contents to be included in the appendix within 15 days after the filing of the record or, in a case in which a petition for appeal has been granted, within 15 days after the date of the certificate of appeal.
So, what does this mean? Allegedly all counsel have NOT signed the written statement for an agreed designation, and so the second part of the paragraph I have quoted becomes applicable. Hence the reference 5A:25 which they referred to in their AoE.
Perhaps Amber believes the Court should have allowed her to spew her outrageous fantasies as fact! That’s the only reason she’s appealing, like a naughty kid to says she “didn’t do it”.
I watched another lawyer that says her assignments of errors has not been followed and therefore may be dismissed. Is this true? It was apparently a new law that was added in Jan 2022.
I think I've just watched the same post. It was very interesting and I would love to hear Andrea's perspective on this extra information. I really appreciate her knowledge and way of imparting it for us.
I would be interested In watching that. Which lawyer would this be?
AH was running out of time in court, now she'll be running out of pages.
16 errors but no references to relevant trial transcripts (pages nos etc) provided. This is mandatory in Virginia's appellate court system. This ommission is significant and could result in AHs appeal being dismissed.
I noticed that as well. Maybe that’s on another page in the documents???
These may be included in the briefs. They have to explain the reasons for these arguments in detail at that time. But, as Andrea said, they will be limited to the number of pages and words, it should be interesting.
@@LPS-mh8kx Thank you!!
Rule 5A:25. Appendixes may be added later (max 15 days) to Assignment of Errors.
@@sroblem thanks
Thank you Andrea. You always let us know what it fact and without fluff. I tee appreciate that.
I wonder if Amber Heard watches any of these videos, and if she does, if her mind has the conceptual ability to understand the content. Andrea does an excellent job of explaining many things that apply to many people in many situations. Conceptual thinking seems to be out of reach of most people, especially if they are addicted to Facebook and other social media as discussed in the book "The Shallows" by Nicholas Carr.
I don't know why AH just didn't file the assignments as: WaaaWaaaa I was supposed to win I'm the victim of that man WaaaWaaaa! That's what it comes down to 😭😭😭🙄