Jodi Arias Legal Question and Answer Thread *no discussion*

[MrsWilco]

I just watched something on HLN that has caused this longtime lurker to come and post. I have a question about "lesser included" charges. The TH on JVM were speculating about the plausibility of JA's reported expectation that this trial will end in a mistrial and ultimately mean she'll be convicted of manslaughter. One of the 2 attorneys taking the side of the defense seemed to imply that the most she would be convicted of in this trial is manslaughter. Is this possible? I swear I thought I understood that 1st degree and felony murder are the only possibilities. Now I'm really confused.... Thanks so much (and sorry if this is a "dead horse")

 

[AZlawyer]

I just watched something on HLN that has caused this longtime lurker to come and post. I have a question about "lesser included" charges. The TH on JVM were speculating about the plausibility of JA's reported expectation that this trial will end in a mistrial and ultimately mean she'll be convicted of manslaughter. One of the 2 attorneys taking the side of the defense seemed to imply that the most she would be convicted of in this trial is manslaughter. Is this possible? I swear I thought I understood that 1st degree and felony murder are the only possibilities. Now I'm really confused.... Thanks so much (and sorry if this is a "dead horse")

The jury will be instructed on first degree murder, felony murder, AND any lesser included offense that fits any possible interpretation of the evidence (unless the defense objects to the lesser included instructions--and our court of appeals recently held that sometimes the judge can give the instructions even if the defense objects).

 

[kscornfed]

Question on the jury questions. The attorneys can argue to keep some from being asked of her, can't they? Or is every jury question given to her?

 

[Horace Finklestein]

If the defense could do it over, do you think they would put JA on the stand again? I'm sure it's a gamble either way...

 

[minor4th]

Question on the jury questions. The attorneys can argue to keep some from being asked of her, can't they? Or is every jury question given to her?

The attorneys have an opportunity to object.

 

[minor4th]

If the defense could do it over, do you think they would put JA on the stand again? I'm sure it's a gamble either way...

Yes, I think they would. I think they have to.

 

[dani]

I missed the first 3 or 4 days of the trial but I think the Medical Examiner has testified already. Is there any chance he/she may be recalled in the rebuttal phase?

Thank you for being here for us.

 

[AZlawyer]

I missed the first 3 or 4 days of the trial but I think the Medical Examiner has testified already. Is there any chance he/she may be recalled in the rebuttal phase?

Thank you for being here for us.

Yes, definitely.

 

[MissExec]

It seems lie Jodi Arias is incapable of answering the most simple questions with YES or NO. Always a twisted song and dance before she gets to the point which clearly is wasting a lit of juicial resources. Recalling Judge Ito and his failure to take control of the court in the O. J. Simpson case, I would like to ask IF THE JDGE CAN ORDER DEFNDANT TO ANSWER QUESTIONS IN A CLEAR AND PRECISE MANNER without it interfering with defendant's constitutional rights to a fair trial???

 

[AZlawyer]

It seems lie Jodi Arias is incapable of answering the most simple questions with YES or NO. Always a twisted song and dance before she gets to the point which clearly is wasting a lit of juicial resources. Recalling Judge Ito and his failure to take control of the court in the O. J. Simpson case, I would like to ask IF THE JDGE CAN ORDER DEFNDANT TO ANSWER QUESTIONS IN A CLEAR AND PRECISE MANNER without it interfering with defendant's constitutional rights to a fair trial???

Hi, Miss Exec. I think this question has been answered a few times in this thread. Short answer is yes, IF Juan's question is perfect.

 

[buckeyefan1]

Sorry, if this has been asked already. Why doesn't the judge admonish JA to just answer the questions with a simple yes or no! JA always adds to her answer sometimes to finish her answer to the previous question. Just seems to me as if the judge has lost control of JA!

 

[Coldpizza]

Sorry if this has been asked.

Who determines the final jurors and how is that determination made?

TYA

 

[minor4th]

Sorry, if this has been asked already. Why doesn't the judge admonish JA to just answer the questions with a simple yes or no! JA always adds to her answer sometimes to finish her answer to the previous question. Just seems to me as if the judge has lost control of JA!

I think this is somewhat answered upthread -- but in a nutshell, the judge will not intervene like you are suggesting unless Juan makes a specific objection and asks for an instruction from the judge to order the witness to answer the questions in a responsive manner.

Juan is not making those objections or asking for such instructions from the judge, so there is nothing for the judge to rule on. This is not a case of the judge losing control of the proceeding. IMO Juan is handling things the way he is for a particular strategic purpose (e.g. to demonstrate her deception and evasiveness).

 

[buckeyefan1]

I think this is somewhat answered upthread -- but in a nutshell, the judge will not intervene like you are suggesting unless Juan makes a specific objection and asks for an instruction from the judge to order the witness to answer the questions in a responsive manner.

Juan is not making those objections or asking for such instructions from the judge, so there is nothing for the judge to rule on. This is not a case of the judge losing control of the proceeding. IMO Juan is handling things the way he is for a particular strategic purpose (e.g. to demonstrate her deception and evasiveness).

OK thank u for answering yet again. Thanks for setting me straight about the judge.

 

[AZlawyer]

Sorry if this has been asked.

Who determines the final jurors and how is that determination made?

TYA

Yes, this has been answered. Short version of the answer: they will draw names out of a hat.

 

[ClosArgs]

What is the deadline for the prosecutor to submit his witness list for rebuttal.

 

[AZlawyer]

What is the deadline for the prosecutor to submit his witness list for rebuttal.

The state would have disclosed rebuttal witnesses a long long time ago. If Juan wants to add someone now, he will have to explain what's changed, and the court will have to make sure that the defense is not prejudiced by the late disclosure.

 

[ClosArgs]

Thanks so much for this thread and your information. So a rebuttal witness can be added if new information is provided through Jodi's testimony that can be proved false? Kind of Nurmi wanting to add the video to defense of TA at a shooting range?

 

[ClosArgs]

Sorry, but one more question. Can Jodi remain unresponsive and crying through the testimony regarding the murder itself?

 

[AZlawyer]

Thanks so much for this thread and your information. So a rebuttal witness can be added if new information is provided through Jodi's testimony that can be proved false? Kind of Nurmi wanting to add the video to defense of TA at a shooting range?

If it's really in response to new information, yes. And it has to be fair to the defense--i.e., not something that they would need time to investigate.