This summary judgment evidence coupled with mitchell

  • No School
  • AA 1
  • 15

This preview shows page 5 - 8 out of 15 pages.

This summary judgment evidence, coupled with Mitchell and Domingo's conduct and course of prior dealings with one
Image of page 5
another, is sufficient to raise a genuine issue of material fact concerning the offer ... element of the alleged contract between Mitchell and Domingo. Accordingly, the trial court's judgment is reversed and the cause is remanded to the trial court for further proceedings Kolodziej v. Mason 774 F.3d 736 (11th Cir. 2014) In 2006, James Cheney Mason, through his law firm J. Cheney Mason, P.A., represented Nelson Serrano in a Florida murder trial in which Serrano was accused of murdering four people on December 3. 1997. about 60 miles outside of Orlando, Florida During Serrano highly publicized capital murder trial, Mason participated in an interview with NBC News, which aired on the primetime television show Dateline, in which he focused on the seeming implausibility of the prosecution's theory of the case. Indeed, his client ostensibly had an alibi- on the day of the murders, Serrano claimed to be on a business trip in an entirely different state, several hundred miles away from the scene of the crimes in central Florida. Hotel surwillance video confirmed that Serrano was ar an Atlanta, Georgia, La Quinta, seweral hours before and after the murders occurred in Barlow, Florida. Nevertheless, the prosecution maintained that Serrano committed the murders in an approximately ten-hour spon between the times that he was seen on the security camera. According to the prosecution, after being recorded by the hotel security camera in the early afternoon, Serrano slipped out of the hotel and traveling under several aliases, flew from Atlanta to
Image of page 6
Orlando, where he rented a car, drove to Bartow, Florida, and committed the murders. From there, Serrano allegedly drove to the Tampa International Airport, flew back to Atlanta, and drove from the Atlanta International Airport to the La Quinta, to make an appearance on the hotel's security footage once again that evening. Mason argued that i was impossible for his client to have committed the murders in accordance with this timeline, for instance, for the last leg of the journey Serrano would have had to get off a flight in Arlanta's busy airport, travel to the La Quinta several miles away, and arrive in thar hotel lobby in only 28 minutes. After extensively describing the delays that would take place to render that 28- minute timeline even more likely. Mason stated in his Dateline interview, "I challenge anybody to show me, and guess what? Did they bring in any evidence to say that somebody made that route, did so? State's burden of proof. If they can do it, I'll challenge 'em. I'll pay them a million dollars if they can do it." Page 371 Dustin Kolodziej, then a law student at the South Texas College of Law, had been following the Serrano case and saw the edited version of Mason's interview, which aired on Dateline. Kolodziej understood the statement as a serious challenge, o n to anyone, to "make it off the plane and back to the hotel within
Image of page 7
Image of page 8

You've reached the end of your free preview.

Want to read all 15 pages?

  • Fall '19
  • James Cheney Mason

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Stuck? We have tutors online 24/7 who can help you get unstuck.
A+ icon
Ask Expert Tutors You can ask You can ask You can ask (will expire )
Answers in as fast as 15 minutes
A+ icon
Ask Expert Tutors