LIVE | Alex Murdaugh Motion & Order. Kouri Richins Lawyers' leave? TikTok Psychic Order.
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Summary
Takeaways
- ❖Nick Reiner, accused of murdering his parents, is seeking access to a pre-funded trust, with a motion to appoint Britney Spears' former trustee, Jodie Montgomery.
- ❖Corey Richins' defense team (Lewis, Nester, Ramos) is withdrawing from her financial crimes case due to lack of contract and specialized expertise.
- ❖Alex Murdaugh's murder retrial will be presided over by Judge Deborah R. McCastlin, who has been granted exclusive jurisdiction over all related matters, regardless of venue.
- ❖The Attorney General has filed a motion to unseal the in-camera transcript regarding the removal of 'egg lady' Juror 785 in the Murdaugh trial, aiming for full transparency.
Insights
1Nick Reiner Seeks Access to Pre-Funded Trust, Proposes Britney Spears' Former Trustee
Nick Reiner, accused of murdering his parents, has filed a motion in probate court to access a trust fund established for him in 1993, prior to his parents' deaths. This pre-funded trust is distinct from an estate, meaning the California Slayer statute (which prevents murderers from inheriting from their victims' estates) may not apply. Reiner's legal team is arguing he should have received these funds two years ago when he turned 30 and is seeking to replace the current third-party trustee with Jodie Montgomery, known for her role in Britney Spears' conservatorship.
Nick Reiner... has made a motion in probate court to get access to his trust. This is a trust fund that was established separate and apart from any estate trust. ... the California version of the Slayer statute that we saw in Utah doesn't really apply here because this is not funds that are coming from the estate after death... they are also trying to remove that executive of the trust and bring in um Jody McGomery.
2Corey Richins' Financial Crimes Defense Lawyers Withdraw
Corey Richins' defense team (Wendy Lewis, Katherine Nester, and Alexander Ramos) has filed a motion to withdraw from her pending financial crimes case, which includes charges like money laundering and mortgage fraud. They explicitly state that Summit County has not contracted them for this specific matter and that they believe Richins' interests would be 'best served by the appointment of other counsel.' The host notes that these attorneys did not seem 'deeply in tuned with the nuances of financial crime' during the murder trial.
Council for defendant Wendy Lewis, Katherine Nester, and Alexander Ramos respectfully move this court for an order permitting them to withdraw as council of record for the defendant Cory Richens in the above captioned matter. ...Summit County has not contracted with council to represent defendant in this matter. ...these defense attorneys did not seem um deeply in tuned with the nuances of financial crime.
3New Judge Appointed with Exclusive Jurisdiction for Alex Murdaugh's Retrial
Following the South Carolina Supreme Court's decision to overturn Alex Murdaugh's murder conviction, Judge Deborah R. McCastlin has been appointed with 'exclusive jurisdiction' over all general session matters, trials, civil forfeiture actions, and motions related to his murder charges. This means Judge McCastlin will preside over the case regardless of any potential change of venue, ensuring continuity. The prosecution aims for a retrial by the end of 2026, while the defense suggests 2027, acknowledging the lengthy procedural steps involved.
the Supreme Court has now appointed a new judge... the honorable Deborah R. McCastlin... be vested with exclusive jurisdiction to hear and depose of all general session matters... Judge McCasslin's jurisdiction includes jurisdiction over any future retrial on the murder charges and any related matters. ...Attorney General Alan Wilson has said that he wants this to go to trial by the end of 2026. ...the defense has said they would like to see this go to trial in 2027.
4Motion Filed to Unseal 'Egg Lady' Juror 785 Transcript in Murdaugh Case
The Attorney General has filed a motion to retract its conditional objection and unseal the in-camera hearing transcript concerning the removal of Juror 785 (the 'egg lady juror') from Alex Murdaugh's original murder trial. This motion seeks to remove all prior restrictions on sharing and discussing these proceedings. The host highlights that Juror 785 herself previously sought to unseal these records, potentially for a book deal, and expresses suspicion about the clerk of court's shifting reasons for the juror's removal, suggesting a potential effort to target a juror perceived as sympathetic to Murdaugh.
leads motion to retract conditional objection and unseal and remove restrictions as to the inc camera hearing transcript supporting juror 785's removal. ...the juror themselves asked for the hearing where they were removed to be unsealed. ...Becky RN and a few of you said Ed Jur was writing a book at this time. ...it seemed that perhaps clerk of court Becky was, you know, shifting gears on trying to figure out what it would be to remove this juror. That's my suspicion.
5Court Denies Motion to Set Aside Defamation Judgment
The court denied the TikTok psychic's Rule 60B3 motion, which sought to overturn the $10 million judgment based on claims of fraud, misrepresentation, and misconduct by the plaintiff. The court found no clear and convincing evidence for these allegations, stating they were merely disagreements with the jury's assessment of evidence and credibility.
The court concluded the defendant had not established entitlement to relief under Rule 60B3, stating, 'Defendants's disagreement with the jury's evaluation of the medical evidence does not establish entitlement to relief.'
6Frivolous Defense Leads to Attorney's Fees Award
The court granted the plaintiff's motion for attorney's fees, though not the full requested amount, because the defendant's defense was deemed frivolous, unreasonable, and without foundation. Her repeated, unsuccessful motions and delays significantly increased the cost and duration of the proceedings.
The court stated, 'an award of attorney's fees is warranted, but not the full amount that the plaintiff requests,' and cited the defendant's conduct throughout the litigation, including 'repeated jurisdictional challenges, unsuccessful motions seeking reconsideration or reassignment, frivolous counter claims, missed deadlines, and other filings that allegedly increase the cost and duration of the proceedings.'
7Rejection of 'Spiritual Beliefs' as Defense for Defamation
The court firmly rejected the defendant's argument that her 'spiritual brain,' 'claircognizance,' and 'psychic abilities' justified her defamatory statements or protected them under religious freedom. The court emphasized that such beliefs do not exempt individuals from the legal requirement to present factual evidence in a defamation case.
The court noted the defendant's argument that 'the court lacked subject matter jurisdiction over the plausibility of spiritual practices' and that she claimed 'you're violating the First Amendment and my right to practice my religion.' The court's response was that 'you can believe and do whatever you like, but that doesn't mean you can defame people and then call it a religious practice and then not present any evidence.'
8Court's Patience with Pro Se Defendant Noted
The host highlighted the extraordinary patience of the court with the pro se defendant, who repeatedly filed motions challenging already settled aspects of the case and made circular arguments. This patience, while intended to ensure fair litigation, ultimately prolonged the process and increased costs for the plaintiff.
Emily D. Baker commented, 'The court was incredibly patient and maybe sometimes too patient, more patient than the court would have been for an attorney... The judge was so patient, annoyingly so to me. Cuz most days I was just crashing out being like, 'Why is the judge allowing this [expletive]?'
9Court Sanctions TikToker for Bad Faith Litigation
The court determined that the TikTok psychic defendant's defense was consistently based on unsubstantiated claims, including 'spiritual investigation' and 'intuitive tarot readings,' which were legally insufficient. Her conduct involved repeated challenges to jurisdiction, reconsideration motions, missed deadlines, and last-minute filings, all deemed frivolous, unreasonable, and indicative of bad faith.
The court stated the defendant's 'only support for her accusations was her claimed quote unquote spiritual investigation and quote unquote intuitive tarot readings which were insufficient to create a genuine dispute of material fact.' The court concluded her litigation conduct was 'frivolous, unreasonable, without foundation, and indicative of bad faith.'
10Limited Attorney's Fee Award Despite Bad Faith
Despite finding bad faith, the court awarded the plaintiff only $27,699 in attorney's fees, a significant reduction from the requested amount. The court's rationale included not revisiting prior denials of sanctions and not shifting fees for the damages phase of the trial, as the defendant had a right to contest the extent of alleged injuries.
The court concluded 'plaintiff incurred recoverable attorney's fees in the amount of $27,699.' The host noted this was a 'massive cut in the attorney's fees requested,' and the court would 'not award fees for matters where a plaintiff previously sought attorney's fees as a sanction and the court expressly denied such relief.'
11Challenges in Collecting Legal Judgments
The host highlights that securing a $10 million judgment and even the awarded attorney's fees does not guarantee easy collection. The defendant is expected to appeal and potentially attempt to become 'judgment proof,' making the enforcement phase a difficult, lengthy, and costly process for the plaintiff.
The host states, 'going after the $10 million award is going to be difficult and the attorney's fees may be procedurally easier to collect than the 10 million in compensatory impunitive damages.' She adds, 'the professor now has to proactively go after collections and that can take years.'
12Defamation Law: Religion Does Not Excuse Illegal Activity
The host clarifies that while individuals can practice any religion, it does not grant immunity from legal consequences for illegal activities like defamation. Accusing someone of murder based on 'spiritual investigation' or 'tarot readings' is not protected religious expression.
The host states, 'You can practice whatever you want, but it cannot cross the line into illegal activity. And so, when you are looking at defamation, you cannot defame someone and say, "Oh, but it's my religion." What you can't do is go on the internet and accuse people of murder.'
Bottom Line
The 'funniest possible result' for collecting the attorney's fees would be if the TikToker wins her separate case against the IRS for approximately $30,000, and that judgment is immediately attached and paid directly to the professor for the awarded fees.
This scenario would provide a swift and ironic resolution to the collection of attorney's fees, bypassing the usual lengthy and difficult enforcement process against a potentially uncooperative defendant.
Legal teams pursuing judgments against difficult defendants could explore novel attachment strategies, including monitoring other legal proceedings where the defendant might be awarded funds.
Key Concepts
Take Your Plaintiff Where They Are
In tort law, a defendant is generally liable for the full extent of the plaintiff's injuries, even if the plaintiff had a pre-existing condition that made them more susceptible to harm. The court applied this by acknowledging that stress from defamation could aggravate pre-existing medical conditions, making the defendant liable for the worsened condition.
Procedural vs. Substantive Arguments
Legal strategy often involves arguing both procedural (e.g., timeliness, jurisdiction) and substantive (e.g., merits of the case) points. Attorneys will present 'arguendo' arguments, meaning 'for the sake of argument,' to ensure that if a procedural challenge fails, the substantive defense is still presented. The TikTok psychic failed to correctly execute procedural arguments, leading to their waiver, and her substantive arguments were found lacking.
Lessons
- If facing a defamation claim, focus on presenting factual evidence rather than relying on subjective beliefs or re-litigating settled issues, as courts will not accept 'spiritual practices' as a defense for unsubstantiated claims.
- Understand the procedural rules of litigation, especially deadlines and jurisdictional requirements. Incorrectly filing motions or consenting to jurisdiction can waive critical defenses, even if they were initially valid.
- When defending against a lawsuit, ensure your arguments are grounded in law and fact. Frivolous or repetitive motions can lead to significant financial penalties, such as being ordered to pay the opposing party's attorney's fees.
- For bar exam takers: Prioritize sleep over extra study hours, as adequate rest is critical for brain function and performance. Maintain a balanced routine including healthy eating and movement.
- For bar exam takers: Be 'ultimately selfish' during bar preparation, saying no to draining activities and people to focus on self-care and study, as loved ones will understand.
- For individuals considering defamation lawsuits: Understand that winning a judgment is only the first step; the collection process can be exhaustive, costly, and may not fully recover all damages or legal fees.
Notable Moments
Emily D. Baker discusses her personal passion for drum corps and her son's involvement with the Cavaliers, including watching the Carolina Crown Brass reveal for 2026.
This provides a brief personal interlude, demonstrating the host's interests outside of legal analysis and setting a lighter tone before delving into the complex legal case.
The court's explicit statement, 'The decisional process would not be significantly aided by oral argument,' in denying the defendant's request for a hearing.
This phrase, highlighted by the host, signifies the court's extreme frustration with the defendant's repetitive and unhelpful arguments, indicating that her filings offered no new or relevant information.
The host expressed significant frustration with the court's limited attorney's fee award, despite understanding the legal reasoning, highlighting the emotional toll of prolonged litigation.
This moment underscores the human element in legal proceedings, where technically correct rulings can still feel unjust or inadequate given the real-world impact on victims.
The host found the Kouri Richins defense attorneys' 'impact statement' on behalf of their client 'cringe' and 'not appropriate,' questioning their discernment and professionalism.
This commentary provides insight into the ethical boundaries and professional expectations for defense attorneys, particularly in high-profile cases where client influence might be a factor.
The host observed that the Alex Murdaugh case exposed the 'siren song of celebrity' and the potential for individuals within the legal system to seek personal benefit from high-profile cases.
This highlights a critical vulnerability in the justice system, where personal gain (e.g., writing books) by court personnel or jurors can compromise the integrity and impartiality of proceedings.
Quotes
"The memory remains, but for the witnesses, maybe not so much."
"I want to be in the room where it happens, and the next best thing is to get a transcript."
"How the court got there is curious to me. And the fact that it seemed to me based on the limited record we've seen that it was, 'Oh, there was this Facebook post.' I question the veracity of that."
"You can believe and do whatever you like, but that doesn't mean you can defame people and then call it a religious practice and then not present any evidence."
"The rule is directed towards fraud or misconduct. It is not for revisiting factual disputes that were presented and resolved by the jury. Period."
"If anybody can come into court and say, 'Oh, but I believed it, so I don't need any facts. I don't need any support. I can just say whatever, and there's nothing anyone can do to me about it.' That's what punitive damages are for."
"The consistent through line in defendants's defense has been her insistence that her statements about plaintiff were true despite the absence of any admissible evidence supporting them."
"This is a consequence for your actions, not a persecution."
"Viewed as a whole, defendants litigation conduct was not only unsuccessful, but also frivolous, unreasonable, without foundation, and indicative of bad faith."
"The reality of the situation is that possibly the almost $30,000 in attorney's fees is going to be easier to collect on."
"This is why people choose not to pursue civil litigation: the time and stress and money and energy, and then you get to a jury, you get to a verdict, they rule in your favor, you get a judgment, and then appeals, and then trying to collect on that judgment, and then, and then, and then, it is the song that never ends."
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