There has been some question as to whether Crump via Blackwell will be able to respond, as the State is the one addressed in the Order to Show Cause from the 5th District. The answer is yes, as far as I have been able to determine, an amicus brief can be filed by Blackwell, provided the Court will accept it, he must first file motion requesting permission.
The is also a question if the Order to Show Cause by the 5th District would stay the proceedings automatically, which is no. The Defense would need a Motion to Stay and file it before Judge Nelson, who can deny the motion.
On April 4th, the Defense team had filed a Petition for a Writ of Certiorari, looking to overturn Judge Nelson’s order of protection, preventing a deposition of Benjamin Crump, the attorney for the Martin family. Today the Appeals Court has decided to hear the case. It has given 20 days for any opposition to file its objection and 10 days for the Defense to reply. This is an is a huge victory for the Defense, as this is an unusual step for the Appeals Court to hear this type of appeal pre-trial (most of these appeals are done after a verdict, when the Appeal Court can more easily determine not just error, but irreversible error(harm) and its consequences). You can read the order by the court here:
The 5th Circuit accepting to hear the case does not guaranty that the Defense will get the outcome that it desires as there is precedent for a case with similar circumstances that the Appeals heard but denied. The case Eutsay vs. State of Florida, in this case Darnell Eutsay, Petitioner, is the defendant in a pending prosecution for first-degree murder. He seeks a writ of certiorari to quash an order denying his motion to compel discovery and request for sanctions. The court felt that the remedy requested by the Petitioner would not be remedied by the Certiorari and the other discovery violations did not prove irreparable harm, that could not be addressed by another trial. (Hat tip to MJW) to read the case: http://scholar.google.com/scholar_case?case=9059062231580367501&hl=en&as_sdt=2,45
“…we cannot exercise certiorari jurisdiction unless Petitioner has shown that the trial court departed from the essential requirements of law in denying his motion to compel discovery, and that this ruling causes him irreparable harm for which there is no adequate remedy on appeal.”
This will be the determining question, whether the relief seek is granted
The Appeals Courts has given Crump, BDLR and Judge Nelson, 20 days to respond, so there might be 3 separate arguments as to why the Writ should be denied, though it is not unusual for Judges not to file a respond, so we will probably have 2 responses to this to look forward to in the next couple of weeks. The Defense will get 10 days to respond to any argument rendered against the Writ.