+1 to beachbumming distinguishing between a potential appellate issue and a successful appeal.
It may also be worth mentioning that even if an appeal is successful, the remedy is usually a new trial. Casey is a flight risk due to her lack of ties to the community (no job, doesn't own any...
The Sixth Amendment to the US Constitution give defendants the right "to have compulsory process for obtaining witnesses in his favor" which has been broadly interpreted to allow defendants to call witnesses and present evidence unless the prosecution can prove actual prejudice. By way of...
The prosecution's WITNESSES should provide identical testimony, though, because they can be impeached if they don't.
It's kind of fun to cross-examine witnesses who are "puffing" their testimony to try to make the case better - in particular, police officers who come up with brand new facts to...
Yep, I'm chiming in here.
When Judge Perry ordered that photos of the remains should be pixilated, that order might be considered a sua sponte "modification" of Judge Strickland's prior order concerning photos of the remains. That is what I would argue if I were representing some reporter or...
IMO the distinction may be that the jury has been selected and sequestered, thus there is no longer any danger of improperly prejudicing the jury venire if inflammatory or potentially inadmissible photos of the remains are published by the press.
I pulled up Florida Statutes 406.135 which...
Disclaimers: I don't do death penalty cases (although some of my cases have involved circumstances which theoretically COULD have qualified for the death penalty) and I have never worked on a case where the defense team contained more than 3 attorneys. Nonetheless...
In my experience, as...
I agree with AZLawyer that the state will not call people who are not really relevant to proving Casey murdered Caylee. Significantly, neither Tim Miller nor any of his people searched the area where Caylee was found (as it was underwater) nor were Caylee's remains found by him or his people...
In the Hans Reiser murder case, after the jury returned a verdict of guilty of First Degree Murder but before the judge imposed sentence, Hans was allowed to withdraw his "not guilty" plea and plead guilty to Second Degree Murder in exchange for revealing where he had hidden Nina's body after he...
At the beginning of the case, the defense doesn't have to prove that the defendant is innocent; the prosecution has to prove that the defendant is guilty. If the prosecution introduced no evidence, or inadequate evidence to prove guilt beyond a reasonable doubt, the defendant would be entitled...
Florida was the jurisdiction where Ron Goldman's family was successful in piercing the corporate veil of Lorraine Brooke Associates, which was a corporation set up in the name of Simpson's children to collect the $1 million advance for OJ's book "if I DID IT: Confessions of a Killer" although...
Actually, IMO this is one of the few moments of JB showing some good lawyering sense.
Florida is a state that discriminates against lesbians. For example, lesbians are not allowed enter into same-sex marriages or civil unions, and Florida banned adoption by lesbians until that law was ruled...
I agree that the jury cannot return a guilty verdict on the lesser included offense(s) unless they have concluded that the defendant is not guilty of the greater offense.
However, the question also stated "I just wonder if the Murder conviction was overturned on appeal maybe manslaughter...
I respectfully disagree.
There have been many cases where the evidence was determined to be insufficient to support a murder conviction, which was then reduced to manslaughter. The shaken baby case out of Massachusetts involving nanny Louise Woodward comes to mind. The freakish Knoller/Noel...
First, the defense can't ask about Casey's statements except to the extent the prosecution has offered some part or all of a particular statement into evidence, in which case the defense is allowed to offer the remainder of the statement so that the statement can be considered "in context."...
Well, Lee could testify to CASEY telling him about the fight, if she did. That way, the state-of-mind evidence concerning Casey would get in but would not effectively impeach or undermine the Anthonys because of all the other evidence of many, many other events/people/things Casey said...
respectfully snipped to remove idiot references ;-)
As far as whether the case in chief has been laid out: If the trial stopped tomorrow morning and the jury were sent to deliberate, IMO they have enough evidence to support a conviction for First Degree Murder with special circumstances or...
Any attorney can accept any help from anyone at any time (assuming other rules are followed i.e. Attorney A can't send a spy to work as a temp in Attorney B's law office to obtain privileged/confidential information, Attorney A can't illegal tap Attorney B's telephone lines, etc.) They must do...
My prediction is, Baez' ridiculous exaggerations (such as the gas can being "almost a part of" George), unsupported claims (such as Casey's extensive sexual abuse/molestation or Kronk moving Caylee's body) and silly euphemisms (e.g. imaginary friends vs. manipulative lying) will be slammed by...
One frequent example is injury photos BEFORE the injury has been treated showing open gaping wounds, blood splashed everywhere, etc. vs. injury photos AFTER the injury has been treated showing rows of sutures, healed scars, etc. The BEFORE photos are technically relevant to prove the nature and...
IMO, AF is aware that there is no knowing what the Anthonys are going to do or say. We have already seen George boo-hooing about how he would defy a subpoena and would remain absent from a hearing that he was subpoenaed to attend, if it would help Casey. Shortly afterwards when the defense...
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