Legal Questions for our Verified Lawyers #4

[shotzy]

Well, first of all, they would have to get a judgment against her, which means they would have to win a lawsuit.

After that, they could garnish her wages as a means of collecting the judgment--assuming she ever gets a job.

Thank you AZlawyer :seeya: I did mean to say if they won a lawsuit.

 

[Pink Panther]

I know that this question was asked quite a while ago but I can't remember the answer. Can a civil suit be filed against KC and, if so, who can file it?

 

[AZlawyer]

I know that this question was asked quite a while ago but I can't remember the answer. Can a civil suit be filed against KC and, if so, who can file it?

That's way too broad a question but I think you're talking about a wrongful death suit, right? If so, I know I've looked this up more than once, and maybe you can get more detail by doing a search in this thread, but IIRC there appears to be no available plaintiff to file the suit given the absence of a father, and it would be way too late to file anyway.

Of course, just reading statutes is not thorough legal research, so you'd have to get a Florida lawyer to really answer the question.

 

[strawberry]

AZ; I asked earlier this week if GA would have grounds to sue JB and you said no because JB said those things in a court of law. I get that. But since then he was on the local (national if you count livestreaming) news saying they were prepared to show GA made those searches. I just don't understand how he can continue to libel and slander GA outside of the courtroom. If that were me I could not not fight back.

 

[AZlawyer]

AZ; I asked earlier this week if GA would have grounds to sue JB and you said no because JB said those things in a court of law. I get that. But since then he was on the local (national if you count livestreaming) news saying they were prepared to show GA made those searches. I just don't understand how he can continue to libel and slander GA outside of the courtroom. If that were me I could not not fight back.

What he was saying was that they were prepared to show IN COURT that GA made the searches. That's probably a true statement. I'm sure that once they found the "fool-proof suffication" search, they got prepared to show "evidence" that the searches were made by GA.

He might have said something stronger in the book--I haven't read it.

 

[strawberry]

What he was saying was that they were prepared to show IN COURT that GA made the searches. That's probably a true statement. I'm sure that once they found the "fool-proof suffication" search, they got prepared to show "evidence" that the searches were made by GA.

He might have said something stronger in the book--I haven't read it.

I haven't read it either. I hope JBs big head gets big enough that he says something against GA that is not protected by this ridiculous "in-court" thing. :furious:

 

[ZsaZsa]

Mr Lippman seems to think that JB's comments in his book, re George performing the 'Suffication' search are 'libelous'.
Your comments?

http://blogs.orlandosentinel.com/entertainment_tv_tvblog/

 

[AZlawyer]

Mr Lippman seems to think that JB's comments in his book, re George performing the 'Suffication' search are 'libelous'.
Your comments?

http://blogs.orlandosentinel.com/entertainment_tv_tvblog/

Well, he's read the book, and I haven't. Not to mention he's a Florida lawyer, and I'm not. So I will just await his lawsuit.

 

[ScubaTwinn]

Thank you for all that you have done for Caylee.

You had a message for Jose on November 20th in reference to his facebook page. It was on the WKMG thread that is now closed. Can you tell us if you got a response?

 

[AZlawyer]

Thank you for all that you have done for Caylee.

You had a message for Jose on November 20th in reference to his facebook page. It was on the WKMG thread that is now closed. Can you tell us if you got a response?

Apparently when he said that Tony's source had not been "admitted in a court of law," he was trying (inartfully) to say that the source of the data spreadsheet had not been admitted to testify as an expert in a court of law, and he was referring to JWG, not to me. JWG has indeed never testified as an expert in a court of law, but of course that doesn't make him wrong.

 

[princesspjs]

I posted this in the appeal thread but thought I'd bring it over in case an attorney wouldn't mind answering. Thanks!

Gosh, I just don't understand what takes so long. I wonder why the judges don't just convene like a jury right after the hearing and just make a decision based on what they just heard.

What happens after the hearing? What exactly takes so long?

Maybe this question doesn't belong in this thread. I'll post it in the questions for attorneys thread also.

TIA!

 

[ZsaZsa]

There is a 'Notice of Supplemental Authority' filed by the AG yesterday in Casey's appeal.
Today Casey's atty filed a motion to strike...
Translation please.....

 

[AZlawyer]

I posted this in the appeal thread but thought I'd bring it over in case an attorney wouldn't mind answering. Thanks!

Gosh, I just don't understand what takes so long. I wonder why the judges don't just convene like a jury right after the hearing and just make a decision based on what they just heard.

What happens after the hearing? What exactly takes so long?

Maybe this question doesn't belong in this thread. I'll post it in the questions for attorneys thread also.

TIA!

The judges normally do convene just before or after oral argument and make a tentative decision. But there is a lot of research, writing, thinking and sometimes arguing to be done behind the scenes after that. And of course this isn't their only case.

There is a 'Notice of Supplemental Authority' filed by the AG yesterday in Casey's appeal.
Today Casey's atty filed a motion to strike...
Translation please.....

A Notice of Supplemental Authority is supposed to be used to bring to the court's attention new case law that was issued after the briefing was complete. Normally when a motion to strike the notice is filed it means that the notice was filed for some improper purpose, like to make further argument.

 

[conLima]

I am curious as to when sealed documents will be released, specifically Questions from the Jury (which have an assortment of dates) and the Evaluations of Competency to Proceed (3 total). If these have already been released, where are they? Thanks so much, I rarely post but read often and appreciate all the thoughtful voices here.

 

[AZlawyer]

I am curious as to when sealed documents will be released, specifically Questions from the Jury (which have an assortment of dates) and the Evaluations of Competency to Proceed (3 total). If these have already been released, where are they? Thanks so much, I rarely post but read often and appreciate all the thoughtful voices here.

Are you sure the jury questions were sealed at all? I can't think why they would have been, once the verdict was out.

Most likely it would take a motion by some media outlet to get the evaluations released.

Remember, though, that just because something is not sealed doesn't mean it is actually "released" to anyone or available for free on the Internet. You might still have to go to the court clerk's office and pay for a copy, or order one by mail or email.

 

[conLima]

There are four entries for Questions from Jury (to be remained sealed per the court) dated
5-25-2011, 6-7-2011, 6-11-2011 and 6-14-2011.
There are three entries for Evaluation of Competency to Proceed from Dr. Tressler, Hall and McClaren. Each has (sealed) after the entries.
If these were unsealed, I am just wanting to review. If not, there is the possibility of a request for the documents? Yes?
Thanks so much, AZlawyer!

 

[bonniez451]

I know this might be over the wall but,since we the public have cared for this little girl is it possible the public can do a wrongful death suit or is constitutional rights messed up in there?

 

[wonders]

Hi AZLawyer,
Do you know? If say for example FCA has JB listed as a debt at $500,000.00, can his law firm and the other people she has listed claim a tax deduction on their company's taxes for these debts?

 

[gramcracker]

^ if the answer to the above is "yes", is the billing scrutinized and, if so, by whom? TIA

 

[AZlawyer]

There are four entries for Questions from Jury (to be remained sealed per the court) dated
5-25-2011, 6-7-2011, 6-11-2011 and 6-14-2011.
There are three entries for Evaluation of Competency to Proceed from Dr. Tressler, Hall and McClaren. Each has (sealed) after the entries.
If these were unsealed, I am just wanting to review. If not, there is the possibility of a request for the documents? Yes?
Thanks so much, AZlawyer!

If there is no notation in the docket that the items were unsealed, then someone (probably media) would have to do a motion to get them unsealed. The competency evals would probably not be unsealed even then. The juror questions might be.

I know this might be over the wall but,since we the public have cared for this little girl is it possible the public can do a wrongful death suit or is constitutional rights messed up in there?

No. Nothing to do with the constitution--the Florida wrongful death statute specifically lists the people authorized to sue.

Hi AZLawyer,
Do you know? If say for example FCA has JB listed as a debt at $500,000.00, can his law firm and the other people she has listed claim a tax deduction on their company's taxes for these debts?

I don't do taxes for anyone but myself , but I assume they could write it off IF it were really owed and unpaid, whether or not Casey listed it in her BK. In other words, I don't think the tax question is affected one way or the other by whatever the BK papers say.