Sentencing and beyond- JA General Discussion #9

[nyvictoria]

So, if I understand correctly, she may claim:

• new evidence
• Nurmi was ineffective
• prosecutorial misconduct

Good luck with any of those reasons. Nurmi was like a rabid dog with his defense. Juan has already been raked over the coals and the COA denied her appeal. That leaves new evidence. Unless she’s convinced someone to confess that they were there and committed the murder but convinced poor Jodi to take the rap, she’s out of luck and hopefully out of appeals. Aside from all that, Jodi has no chance convincing Stephens that there’s any reason to give her a new trial. She needs to shut up and enjoy her life sentence.

 

[Midnight Rambler]

So, if I understand correctly, she may claim:

• new evidence
• Nurmi was ineffective
• prosecutorial misconduct

Good luck with any of those reasons. Nurmi was like a rabid dog with his defense. Juan has already been raked over the coals and the COA denied her appeal. That leaves new evidence. Unless she’s convinced someone to confess that they were there and committed the murder but convinced poor Jodi to take the rap, she’s out of luck and hopefully out of appeals. Aside from all that, Jodi has no chance convincing Stephens that there’s any reason to give her a new trial. She needs to shut up and enjoy her life sentence.

Jodi's PCR will be ruled on in accordance with the rules that were in place at the time of her trial. So the new rules don't apply to her.

 

[Midnight Rambler]

The sealed transcript from a proceeding being requested from December 2, 2014 at 3:00 p.m. is the day that Fonseca testified. It's also the day that one of the jurors was excused. So far that's the only request by her attorneys that I've seen.

 

[Hope4More]

The sealed transcript from a proceeding being requested from December 2, 2014 at 3:00 p.m. is the day that Fonseca testified. It's also the day that one of the jurors was excused. So far that's the only request by her attorneys that I've seen.

(Ok, I looked ).

1. JM's request in 2020 for a transcript to be unsealed related to his bar defense, while he was still preparing one.

2. State-paid attorneys for the convicted one are entitled to & responsible for acquiring her entire case file, including all the transcripts, sealed & otherwise. They were just recently assigned. I'm unclear why they would need to ask for a single (so far) transcript to be unsealed.

3. For that matter, I can't find any case minute or docket entry that says her attys *did* request a transcript, much less that particular one. Where did you see that info?

4. The juror dismissed on that Dec day in 2014 was Melissa Garcia, the infamous juror #3 who made accusations against JM in the murderer's sex-sex-sex bar complaint.

 

[Hope4More]

So, if I understand correctly, she may claim:

• new evidence
• Nurmi was ineffective
• prosecutorial misconduct

Good luck with any of those reasons. Nurmi was like a rabid dog with his defense. Juan has already been raked over the coals and the COA denied her appeal. That leaves new evidence. Unless she’s convinced someone to confess that they were there and committed the murder but convinced poor Jodi to take the rap, she’s out of luck and hopefully out of appeals. Aside from all that, Jodi has no chance convincing Stephens that there’s any reason to give her a new trial. She needs to shut up and enjoy her life sentence.

1. I initially replied with a question about new evidence because I understood that to be what she was asserting.

2. I'm certain too there is zero possibility she has "new evidence" that relates directly to the matter of guilt, much less that if a jury would have reached a different verdict had they heard it (both prongs must
be satisfied for a PCR to succeed).

3. I also agree she has no chance of prevailing on an argument of ineffective counsel. UNLESS- one caveat here. In a laundry list of whines & complaints & sometimes wild accusations included in her civil case against Nurmi (which she apparently wants dismissed in its entirety), one accusation stood out & would be relevant, if it could be proven: that Nurmi had a conflict of interest.

What the killer alleged was that Nurmi took the case, stayed on it, and designed the trial strategy he did because he intended from the very beginning to write a book about the trial. IIRC, she claimed in the civil complaint that Nurmi approached both MDLR & Wilmott about either writing the book with him, or at least, having their perspectives included in his book.

That kind of conflict of interest is obviously a big 'ole no no no no. Though she wouldn't get very far with proving Nurmi's trial strategies were about generating the maximum amount spectacle for self-profit rather than best defending her. So, did she drop the civil case because she had zip nada proof about this conflict of interest, perhaps including the fact neither MDLR & Wilmott were willing to testify Nurmi had approached them? Or, did she drop the civil case to instead preserve that (and possibly other) included accusations in her PCR?

4. On prosecutorial misconduct. Yep. The lion's share of her COA appeal was about this and the COA did slap JM around on the subject. BUT. The Court didn't find the misconduct egregious enough to overturn her guilty verdict, and specifically said just that.

5. IMO the bottom line is now and always has been that even if JM (and Nurmi) are actually guilty of every single accusation thrown at them in bar complaints relating to her trial, not any or all of that alleged misconduct (loosely and literally defined) had anything to do whatsoever with the guilt phase trial itself.

 

[Midnight Rambler]

(Ok, I looked ).

1. JM's request in 2020 for a transcript to be unsealed related to his bar defense, while he was still preparing one.

2. State-paid attorneys for the convicted one are entitled to & responsible for acquiring her entire case file, including all the transcripts, sealed & otherwise. They were just recently assigned. I'm unclear why they would need to ask for a single (so far) transcript to be unsealed.

3. For that matter, I can't find any case minute or docket entry that says her attys *did* request a transcript, much less that particular one. Where did you see that info?

4. The juror dismissed on that Dec day in 2014 was Melissa Garcia, the infamous juror #3 who made accusations against JM in the murderer's sex-sex-sex bar complaint.

I was talking about Juan requesting a transcript.

 

[RickshawFan]

1. I initially replied with a question about new evidence because I understood that to be what she was asserting.

2. I'm certain too there is zero possibility she has "new evidence" that relates directly to the matter of guilt, much less that if a jury would have reached a different verdict had they heard it (both prongs must
be satisfied for a PCR to succeed).

3. I also agree she has no chance of prevailing on an argument of ineffective counsel. UNLESS- one caveat here. In a laundry list of whines & complaints & sometimes wild accusations included in her civil case against Nurmi (which she apparently wants dismissed in its entirety), one accusation stood out & would be relevant, if it could be proven: that Nurmi had a conflict of interest.

What the killer alleged was that Nurmi took the case, stayed on it, and designed the trial strategy he did because he intended from the very beginning to write a book about the trial. IIRC, she claimed in the civil complaint that Nurmi approached both MDLR & Wilmott about either writing the book with him, or at least, having their perspectives included in his book.

That kind of conflict of interest is obviously a big 'ole no no no no. Though she wouldn't get very far with proving Nurmi's trial strategies were about generating the maximum amount spectacle for self-profit rather than best defending her. So, did she drop the civil case because she had zip nada proof about this conflict of interest, perhaps including the fact neither MDLR & Wilmott were willing to testify Nurmi had approached them? Or, did she drop the civil case to instead preserve that (and possibly other) included accusations in her PCR?

4. On prosecutorial misconduct. Yep. The lion's share of her COA appeal was about this and the COA did slap JM around on the subject. BUT. The Court didn't find the misconduct egregious enough to overturn her guilty verdict, and specifically said just that.

5. IMO the bottom line is now and always has been that even if JM (and Nurmi) are actually guilty of every single accusation thrown at them in bar complaints relating to her trial, not any or all of that alleged misconduct (loosely and literally defined) had anything to do whatsoever with the guilt phase trial itself.

Fingers crossed that Stephens will be handling the PCR. Imagine what it would be like to be her and JA says c***p was going down under her nose? After the hell she went through? She knew JA's manipulations very well, too. And that Nurms wanted to stay on the case? Ummmm, no. How many times did he try to get off it? And then there was Stephens' coup de grâce at sentencing to the effect that JA should never ever ever be let out of prison, piled upon JA's statement that TA was alive when she slashed his throat (which, presumably, is part of the record).....

 

[salberg7]

PCR - No reason there that I can that the killer will be found eligible for. She’s done - she’ll die in prison.
Thanks everyone for the updates! I still follow this case. Good to see some of the old crowd.
H4M: As always great reply about the Nurmi book caveat. If he did state specifically that to Delarosa or Wilmott. I don’t think he would be that open to them about it.
CMJA goose is cooked.

 

[Midnight Rambler]

As expected her PCR atty's asked for more time to gather up her court records. Experienced atty's should already know what is required of them before hand, just sayn'.

 

[LinasK]

So, if I understand correctly, she may claim:

• new evidence
• Nurmi was ineffective
• prosecutorial misconduct

Good luck with any of those reasons. Nurmi was like a rabid dog with his defense. Juan has already been raked over the coals and the COA denied her appeal. That leaves new evidence. Unless she’s convinced someone to confess that they were there and committed the murder but convinced poor Jodi to take the rap, she’s out of luck and hopefully out of appeals. Aside from all that, Jodi has no chance convincing Stephens that there’s any reason to give her a new trial. She needs to shut up and enjoy her life sentence.

She did want to move and live in Arizona after all... she got that wish.

 

[EvaGreen]

Putting candy all over your face just sounds gross to me! I just learned of Juan's disbarment when I watched the Scott Falater case on 20/20 the other night. Very sad and disappointing to learn of it. He was such a good prosecutor. ABC spun it and played it up to be sympathetic to Falater and his claims of sleepmurdering. It was also disingenous the way they just happened to throw in Juan's disbarrment at the very end, as if that affected Falater's case, which, like Arias's, it did not.

My cringe response includes but’s not limited to
the idea of putting crushed ground colored pencils
anywhere near my eyes; just seems..oh what’s the word....wrong!

 

[EvaGreen]

Putting candy all over your face just sounds gross to me! I just learned of Juan's disbarment when I watched the Scott Falater case on 20/20 the other night. Very sad and disappointing to learn of it. He was such a good prosecutor. ABC spun it and played it up to be sympathetic to Falater and his claims of sleepmurdering. It was also disingenous the way they just happened to throw in Juan's disbarrment at the very end, as if that affected Falater's case, which, like Arias's, it did not.

She does like playing with that candy, doesn’t she

 

[BetteDavisEyes]

Tonight (Friday) on Lifetime:

Jodi Arias: Dirty Little Secret
8:00 - 10:03p
Tania Raymonde Jesse Lee Soffer Tony Plana
(2013)Jodi Arias (Tania Raymonde) claims self-defense while on trial for the murder of her ex-boyfriend, Travis Alexander (Jesse Lee Soffer).

Cellmate Secrets: Jodi Arias
10:03 - 11:03p
Brad Osborne Jodi Arias
(7/2)New information comes to light about Jodi Arias and the murder of her ex-boyfriend, Travis Alexander, as her former cellmates and closest confidants give firsthand accounts of their time behind bars with the murderess.

 

[Midnight Rambler]

The cell mates secrets weren't really secrets at all unless the viewer has a vivid imagination. It was fodder for the Facebook groups though and brought a few of them back to life for awhile. There is a relatively new group though whose creator is reviewing an ages old blog that he inherited. His goal is to revive and update the old blog. He then plans on having a group of law students review said blog before an attorney presents it the Pardon/Clemency board. The FB group is actually a trash Travis group and he is merciless in doing so. His primary interest is the supposed pedophilia and his incessant posting of the 12 year old school girl/sex/role playing tape. I am currently on a 30 day block by the groups creator along with several other members. Seems that he and the truth are strangers.

 

[Quiet Time]

I enjoyed the Cellmates Secrets.
I'd never seen any of it before. (2018)

I'll tell what, that JA is good at her manipulating/conniving ways.
Too bad it took so long for the 2 girls to figure it out.

jmo

 

[sneakypuppy]

Ah - I see! Do you happen to have a link the AZ court site - to see if I can access it?

TIA!

It was filed under seal..
Surprised? . As of July 14, there was a motion filed for a status conference.. AZ could have rejected the PCR, apparently they didn't. Still waiting for next motion as to the schedule. Pages and pages of newly sealed transcripts, and oddly, she DISMISSED the civil case against the Nurmi's. So, many questions I have in my head. Did she not want the depos from the civil case made public bc she's using them in the PCR? .or is this going to be about Martinez?

 

[sneakypuppy]

NURMI CASE VOLUNTARILY DISMISSED. 4-28-2021
PCR UPDATE 7-13-2021; FILED 7-14-2021

 

[sneakypuppy]

The cell mates secrets weren't really secrets at all unless the viewer has a vivid imagination. It was fodder for the Facebook groups though and brought a few of them back to life for awhile. There is a relatively new group though whose creator is reviewing an ages old blog that he inherited. His goal is to revive and update the old blog. He then plans on having a group of law students review said blog before an attorney presents it the Pardon/Clemency board. The FB group is actually a trash Travis group and he is merciless in doing so. His primary interest is the supposed pedophilia and his incessant posting of the 12 year old school girl/sex/role playing tape. I am currently on a 30 day block by the groups creator along with several other members. Seems that he and the truth are strangers.

Yes. Almost an entirely different breed of supporter. (I know I MUST know you.). I was just "released" from a temporary block on commenting; he definitely does NOT like to be shown the truth. Just another person who recently gained interest in the case, "doesn't habe time" to watch the trial, and is most definitely concentrating on the sexual aspect of the case. And he can't even get THAT right. Crazy is as crazy does. The Jodi Arias Case Review. It's laughable.
..oh.. And everyone is invited and they'll even pay your airfare to the Arias Clemency Extravaganza, but you need a "super sekret" code . Oh, you can't make it up! -

 

[Hope4More]

It was filed under seal..
Surprised? . As of July 14, there was a motion filed for a status conference.. AZ could have rejected the PCR, apparently they didn't. Still waiting for next motion as to the schedule. Pages and pages of newly sealed transcripts, and oddly, she DISMISSED the civil case against the Nurmi's. So, many questions I have in my head. Did she not want the depos from the civil case made public bc she's using them in the PCR? .or is this going to be about Martinez?

I haven't checked the PCR docket or kept up. But, I imagine the process is still in the very beginning stage, which is about her attorneys obtaining the massive trial & appellate record as well as the records of JM's & Nurmi's Bar complaints, including all the evidence submitted for both, which included personnel records & many, many depositions. Much of both the court & Bar records were/remain sealed.

The State (Court) cannot refuse to allow her to file a PCR petition, nor can they refuse to accept receipt of it, nor may the Court refuse to consider the petition. It sounds like her attorneys haven't even filed yet.

What the Court can do after reviewing her PCR petition is to reject it outright, on the grounds the issues raised in it have no merit. Or, more unlikely, the Court can find an issue/issues raised are significant enough to warrant granting a hearing, in which her attorneys could further argue their case (and be refuted by the State). Most unlikely of all, the Court ( here, to be specific, we are talking about JSS herself ) could grant that hearing, see the light, be convinced a terrible injustice was done to the butcherer of Travis, and throw out the guilty verdict. Nah.

 

[Hope4More]

PS. If there's a DeUnamuno in the house, please feel free to contact me.