Ready to Pitch? Maybe Not

It’s rare that I see two contradictory orders, especially one day apart. See my blogpost “Come In From The Bullpen”, 9/26/13, wherein Judge Wherry greeted the relief attorney for Jere and Neva Jefcoat with a stern admonition to start pitching.

But today, The Judge With A Heart, STJ Armen, “(A)fter due consideration, and for cause more fully appearing in the transcripts of the proceedings” (which transcripts we don’t get to see), gives the relief attorney for pro se Donald R. McWeeney a bye and continues (that is, adjourns) Don’s trial.

Frank Agostino, Esq., is the reliever, and both he and Don stand before STJ Armen and ask for the bye. IRS objects, but STJ Armen both gives Don and Frank the bye, and denies IRS’ motion to sanction Don, apparently for not playing show-and-tell with documents (but denied without prejudice, so IRS can try again if Don and Frank don’t play nice).

Apparently Don and Frank’s respective tales of woe suitably impressed STJ Armen enough to let Frank take some warm-up pitches while he does a Branerton with IRS.

The whole story is found in Donald R. McWeeney, Docket No. 15453-12S, filed 9/27/13.