Jodi Arias Legal Question and Answer Thread *no discussion*

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The 12 page thingy that she wrote about removing Nurmi. Is it a motion if only she calls it a motion? Is it mandatory for her to involve one of her attys in writing such a thing, in order for it have any legal significance? For example, for it to be read by the Court or considered as a motion? In the thingy she states as fact an encounter between Travis and a woman she names in full; no witness ever testified in court about this encounter Assuming that the murderer is lying about the encounter-and I am assuming that- is she liable for slander, as the dirt is being dispensed outside the court room? Thanks.
 
gcharlie said:
CMJA has written a 12 page Motion to Withdraw Counsel and in it she says that she made a previous motion to withdraw counsel in June 2013.

The court docket does not reflect any written motion. She was in court on June 20, so an oral motion could have been made, however there are no minutes on the docket recording a denial of said motion.

If a motion was made and denied, as she claims, wouldn't the minutes have to be recorded?
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A denial of such a motion should have been recorded in the minutes, yes. But if she made the motion orally and didn't really use the right words, especially in an ex parte hearing (of which there seem to have been quite a few), the judicial assistant might not have recorded it as a motion and a ruling but rather just as discussion with the court.

Hope4More said:
The 12 page thingy that she wrote about removing Nurmi. Is it a motion if only she calls it a motion? Is it mandatory for her to involve one of her attys in writing such a thing, in order for it have any legal significance? For example, for it to be read by the Court or considered as a motion? In the thingy she states as fact an encounter between Travis and a woman she names in full; no witness ever testified in court about this encounter Assuming that the murderer is lying about the encounter-and I am assuming that- is she liable for slander, as the dirt is being dispensed outside the court room? Thanks.
Click to expand...

Yes, it is a motion. If she is asking to remove her attorney and her other attorney refuses to file the motion, then she can file it herself.

She is not liable for slander even if a statement she made in the motion about a witness was false, because the statement was made within a motion directed to the court and the information was related to the subject matter of the motion. She did not disseminate the information outside of the court proceeding.
 
Re-trial of Penalty Phase set for March 17.
What are the chances that date can be delayed at this point?
Thanks
 
LILLER said:
Re-trial of Penalty Phase set for March 17.
What are the chances that date can be delayed at this point?
Thanks
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Oh, dates can always be delayed in the Maricopa County Superior Court. :rolleyes: I keep my calendar in pencil...
 
What decisions of the defendant must defense counsel respect vs. decisions counsel deems in the best interest of the most favorable outcome for their client.

It is my understanding that how to plead is a decision made by the defendant; likewise the decision as to whether or not to testify is one made by the defendant.

My question is geared towards mitigation witnesses. What if counsel decides it is best to call witnesses X, Y and Z and the defendant is adamant that those people should not be called. Does the defendant have any say in this?
 
gcharlie said:
What decisions of the defendant must defense counsel respect vs. decisions counsel deems in the best interest of the most favorable outcome for their client.

It is my understanding that how to plead is a decision made by the defendant; likewise the decision as to whether or not to testify is one made by the defendant.

My question is geared towards mitigation witnesses. What if counsel decides it is best to call witnesses X, Y and Z and the defendant is adamant that those people should not be called. Does the defendant have any say in this?
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Generally speaking (which is the only way to answer this question), clients are in charge of the goals and attorneys are in charge of the means for implementing the goals. But there are a lot of gray areas, and appointed criminal counsel have the added complication of a certain level of judicial oversight of the relationship.

If Jodi adamantly didn't want certain witnesses called and her attorneys disagreed, I think she would likely file another motion to fire her attorneys and it would likely be denied. :)
 
Congratulations, AZ, for last month's honor. (I'll delete this if you think it is inappropriate).
 
AZ lawyer, during the past week there has been a flurry of activity from CMJA's supporters to raise money for her appeal. Is it likely that the trust created for her appeal funds will be considered invalid if challenged? It looks like a sham trust designed to shelter donations from any civil judgement against Arias by the Alexanders, and thus donations may be considered fraudulent transfers under the Uniform Fraudulent Transfer Act?

The Alexander family announced their intent to sue Arias for wrongful death in May 2013.

Arias suspended the collection of appeal donations in the summer 2013 and resumed collection in October 2013, when it was announced that an irrevocable trust had been established for appeal donations. Trust instrument has not been made publicly available, so situs is unknown. Aunt appears to be both settlor and trustee, but it is not known whether there are multiple trustees. From a blog explaining the legitimacy of the fund, the aunt is quoted:

"I did it legally through a reputable lawyer. I spent a lot of time finding the right lawyer that would do a trust how we needed it done to protect the donations. I had it notarized, got a EIN number and opened up a business account for the money to be deposited into. Then I opened a PayPal account and a PO box so that people could donate however they felt more comfortable. The trust is set up so that I cannot use any of it for myself. I do not take a trustee fee which the lawyer and the tax consultant told me I should be doing, but I refuse to make any money from this account. The donation pages on jodispage.com and on JAAI [************************] site are set up to go directly to the PayPay account which gets transferred directly to her Trust Account and the money that is received from the PO Box also goes directly into her account. As Jodi’s Aunt I can assure you that no one else has access to the Paypal, PO Box for the Trust account except myself. NO ONE is making money from these donations. I urge you all to trust in me and please continue to help Jodi. We want her to have the best representation available for her appeal. I thank everyone who has donated so far and continue to donate."

source: http://laschi03.wordpress.com/2014/05/20/is-the-jodi-arias-legal-defense-fund-legit/

I'd love to see any and all donations to Arias get awarded to the Alexander family.
 
gcharlie said:
AZ lawyer, during the past week there has been a flurry of activity from CMJA's supporters to raise money for her appeal. Is it likely that the trust created for her appeal funds will be considered invalid if challenged? It looks like a sham trust designed to shelter donations from any civil judgement against Arias by the Alexanders, and thus donations may be considered fraudulent transfers under the Uniform Fraudulent Transfer Act?

The Alexander family announced their intent to sue Arias for wrongful death in May 2013.

Arias suspended the collection of appeal donations in the summer 2013 and resumed collection in October 2013, when it was announced that an irrevocable trust had been established for appeal donations. Trust instrument has not been made publicly available, so situs is unknown. Aunt appears to be both settlor and trustee, but it is not known whether there are multiple trustees. From a blog explaining the legitimacy of the fund, the aunt is quoted:

"I did it legally through a reputable lawyer. I spent a lot of time finding the right lawyer that would do a trust how we needed it done to protect the donations. I had it notarized, got a EIN number and opened up a business account for the money to be deposited into. Then I opened a PayPal account and a PO box so that people could donate however they felt more comfortable. The trust is set up so that I cannot use any of it for myself. I do not take a trustee fee which the lawyer and the tax consultant told me I should be doing, but I refuse to make any money from this account. The donation pages on jodispage.com and on JAAI [************************] site are set up to go directly to the PayPay account which gets transferred directly to her Trust Account and the money that is received from the PO Box also goes directly into her account. As Jodi’s Aunt I can assure you that no one else has access to the Paypal, PO Box for the Trust account except myself. NO ONE is making money from these donations. I urge you all to trust in me and please continue to help Jodi. We want her to have the best representation available for her appeal. I thank everyone who has donated so far and continue to donate."

source: http://laschi03.wordpress.com/2014/05/20/is-the-jodi-arias-legal-defense-fund-legit/

I'd love to see any and all donations to Arias get awarded to the Alexander family.
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I think the trust will be upheld, assuming it is truly irrevocable and cannot be controlled by JA.

Sorry for the extremely late answer! You guys can feel free to PM me if there are pending questions; I turned off thread notifications years ago. :)
 
Can JA actually represent herself in court without a licensed lawyer as back up?
 
AZL......we need you! She's representing herself and....

1. Is she allowed to change her mind after jury selection begins? If so, may she default to counsel at any time for any reason?

2. What obligations /rights do Nurmi and Wilmott have to assist her in court during proceedings? For example, can they prompt her object or object on her behalf , or are they muzzled?

Thanks!!! <modsnip>
 
So...what will she be wearing over her stun belt and leg thingy that prevents her from running?
 
AZ....do you know how the proceedings of the first trial are going to be presented to the new jury? Or if they will be? Does Stephens just summarize and the penalty retrial begins? Thanks.
 
Is she now allowed, as her new counsel, to ask for the reinstatement of cameras in the courtroom? I remember cameras were out due to her request. Thanks.
 
I suspect Juan would be able to ask potential jurors if they know the defendant or any or her family members.

Would a legitimate question be if they have written to her, sent her anything, gone to visit her or spoken to any of her family members?

My concern is that one of her supporters may get on the jury thru the cracks.

I have total faith in Mr. Martinez it's the convicted murderer who is sleazy like a snake and her sidekick im concerned about.
 
Curious in Indiana said:
Can JA actually represent herself in court without a licensed lawyer as back up?
Click to expand...

Her prior attorneys have been appointed as advisory counsel. I've attached the order.

Hope4More said:
AZL......we need you! She's representing herself and....

1. Is she allowed to change her mind after jury selection begins? If so, may she default to counsel at any time for any reason?

2. What obligations /rights do Nurmi and Wilmott have to assist her in court during proceedings? For example, can they prompt her object or object on her behalf , or are they muzzled?

Thanks!!! <modsnip>
Click to expand...

Yes, the judge will let her change her mind if she becomes overwhelmed. Nurmi and Wilmott will already be there as advisory counsel, so it should be an easy transition. I wouldn't be surprised if there is some back-and-forth on this, e.g., if a legal question arises that Jodi knows less than zero about. They will not be allowed to speak for her (object/question witnesses/etc.) while they are advisory counsel, but certainly can speak to her.

Linda7NJ said:
So...what will she be wearing over her stun belt and leg thingy that prevents her from running?
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The same kind of thing she was wearing last time--regular clothes. I can't recall if she had anything on her legs, but the judge likely will not require that if she's walking around in front of the jury presenting her own case.

Frankly, there's not much of a risk of Jodi getting away from that courthouse. :)

Hope4More said:
AZ....do you know how the proceedings of the first trial are going to be presented to the new jury? Or if they will be? Does Stephens just summarize and the penalty retrial begins? Thanks.
Click to expand...

They really can't just summarize, because the new jury members are entitled to judge the credibility of each witness for themselves. In this case, where high-quality video is available, I think the judge could ask both sides to designate portions of the coverage to show to the jury. But frankly I expect they will just repeat with live testimony whatever they think they need for the penalty phase. The new jury will, of course, be informed of the findings already made by the old jury.

seattlechiquita said:
Is she now allowed, as her new counsel, to ask for the reinstatement of cameras in the courtroom? I remember cameras were out due to her request. Thanks.
Click to expand...

There will be cameras--the footage just can't be aired until after the verdict. She can ask whatever she wants, but I think the judge is sick of deciding that issue.

kolokolo said:
I suspect Juan would be able to ask potential jurors if they know the defendant or any or her family members.

Would a legitimate question be if they have written to her, sent her anything, gone to visit her or spoken to any of her family members?

My concern is that one of her supporters may get on the jury thru the cracks.

I have total faith in Mr. Martinez it's the convicted murderer who is sleazy like a snake and her sidekick im concerned about.
Click to expand...

Yes, JM will be able to explore all possible ways someone might have communicated with her or her family.
 

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