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IMO they will be able to stop anyone from selling Caylee merchandise regardless of whether they are marketing competing products. I think that "trademark" and "copyright" are imprecise lay terms for what is actually an exploitation of Caylee's "right of publicity." Wikipedia has a good basic...

With sincerest respect, I strongly disagree. Arranging for the jurors to smell for themselves is essentially arranging for the jurors to conduct an experiment. IMO it would be like having the jury experimenting with a gun to try to get it to misfire when dropped, in a case where the...

Perhaps this varies somewhat by jurisdiction. I don't know what the jury summons in Florida says, but the ones here in California have a space where the potential juror can explain 1) why they don't qualify for jury service for example, not a U.S. citizen or moved to another county or state...

I do understand the general rules governing witness credibility and impeachment. I don't understand specifically which collateral matter - apparently involving impeaching Dr. Vass with another scientist's statements - had previously been discussed with HHJP. It's possible that some other...

I saw the hearing but I didn't 100% understand the judge's reference. The day before, Baez had handed a disc containing 5,200+ documents to Ashton, claiming it was all the background information for Dr. Vass thus it might all potentially constitute impeachment evidence. Ashton wanted Baez to...

<respectfully snipped> The elephant in the room on further trial delay is that Casey has been incarcerated FOR ALMOST THREE YEARS without getting this case to trial. Unless the defense team is pretty much convinced that Casey will not only be convicted of First Degree Murder but will also be...

I predict we will see some Anthony-style hairsplitting on following the rules. If the written rule posted in the courtroom says, "Any person making faces in response to testimony will be ejected from the courtroom" then we can expect to hear prevarication along the lines of: "I wasn't making a...

I generally agree, but I have a little bit different analysis of this. The media attorney was absolutely right: Judge Perry made an order that he was entitled to make IF THAT ORDER WAS BASED ON SPECIFIC FINDINGS which he had not made. To be even more clear, specific findings that he had not...

Seriously, my sports fanatic brother-in-law could sit on the jury. He doesn't watch any newscasts or read any newspapers or magazines that aren't about sports. If you asked him who Casey Anthony was, he wouldn't know. If you showed him her picture and asked about her, he would probably just...

One of the recent document dumps included the meter-reading chart map prepared by the prosecution showing each house Roy Kronk was at minute-by-minute during the days following the last time Caylee was seen alive by anyone besides Casey. Apparently the meter readings are electronically...

Well, sure. I have a theory. I'm thinking that KC may have been (falsely) claiming to be pregnant to get sympathy/attention/money for baby clothes/money for an abortion/whatever. Later, when she was having her period, she forgot about supposedly being pregnant and borrowed feminine supplies...

One of my colleagues who was working as a contingency personal injury attorney had the interesting situation arise where he became aware that the plaintiff(s) were attempting to commit insurance fraud by claiming that people were passengers in their vehicle at the time of the accident but in...

AKA "trial by ambush." LOL! If so, Judge Perry isn't going to like it much. As a constitutional matter, he will probably have to permit it but he isn't going to like it. His unhappiness may affect sentencing - IMO there is no way Casey is getting off scot free no matter how spectacular her...

I really, truly do not understand the defense strategy in this case. It just seems like a put-out-the-latest-brushfire purely reactionary reflex rather than some big picture, unified golden-thread affirmative defensive strategy. I was trained to use the "golden thread" technique. Basically...

As an aside, I hope that everyone notices that when AZlawyer and I (or any of the other lawyers posting here) have slight differences of opinion or even completely opposed opinions, we don't insult each other. We are respectful towards each other when we discuss legal issues. I don't take...

The crime/fraud exception to the attorney-client communication privilege basically removes the privilege from any attorney-client communications in furtherance of a crime. For example, if an attorney conspires with his/her client to commit witness tampering or jury tampering or bribery or...

Per intestate succession under Florida inheritance law, Caylee's next of kin are equally 1) Caylee's mother Casey and 2) Caylee's father or Caylee's paternal grandparents if Caylee's father is dead. Florida Statute Section 732.103(2) and (4)(a)...

Well, the next of kin of an accused who is in custody have some rights which stem from the accused's First Amendment rights, i.e. to write to the accused and to receive correspondence from the accused. These familial communications are not privileged like attorney-client confidential...

I respectfully disagree (although I certainly acknowledge that reasonable minds may differ.) I am convinced that Casey would have definitely left town and probably the state. Perhaps she would have enticed one of the fellows she met at a nightclub into taking her to Puerto Rico, or New York...

I agree. From http://www.kearneywynn.com/cm/Articles/article-03.pdf Opening Statements: You Never Get A Second Chance To Make A First Impression "The reality is that by the time the attorneys finish voir dire and opening statements, a vast majority of the jurors have already made up their...