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  1. H

    Lori Ruff Identified as Kimberly McLean of PA

    We now know the former. I don't know how much closer we are to determining the latter.
  2. H

    Lori Ruff Identified as Kimberly McLean of PA

    I went to college in the suburbs of Philadelphia. There are TON of colleges in the Philadelphia area. KOP by the '80s wasn't really a separate town.
  3. H

    LeAnna (Mom) #1

    I would not infer payment from the use of the word "retained." Retained as an attorney just means you've been hired. An advance fee deposit is sometimes called a "retainer" but that has a technical meaning in some states that's not relevant here. I also would not assume that he is not being paid.
  4. H

    LeAnna (Mom) #1

    Not true.
  5. H

    Do you think you can write the closing statement for the defense?

    To answer the question: I certainly could. But why would I put more work into this than the real defense team will? Say what you will about Andrea Lyon, she would have worked up a he1l of a closing. The woman does know how to work.
  6. H

    Motion In Limine To Exclude Mental Health Experts

    I should also point out that certain of Casey's out-of-court statements could also be admitted as "spontaneous statements," "excited utterances," "then-existing mental or emotional conditions," or "statements made for purposes of medical diagnosis or treatment" [which would probably NOT include...
  7. H

    Motion In Limine To Exclude Mental Health Experts

    Casey Anthony is a "party" to this case because she is the defendant. If she chooses not to testify she is "unavailable." If she says something out of court that tends to harm her in the case (an "admission"): her statement is admissible at the trial as evidence, as an exception to the...
  8. H

    Motion In Limine To Exclude Mental Health Experts

    There is a more subtle issue about statements made to experts. Experts may rely on hearsay not subject to any of the exceptions in formulating an opinion if the hearsay is something that experts would typically rely upon. The expert's opinion comes in, and the hearsay comes in but not as...
  9. H

    Motion In Limine To Exclude Mental Health Experts

    An admission against interest of a party opponent is an exception to the hearsay rule in Florida (as in most other jurisdictions). Unavailability of the declarant is immaterial. It's exception 18(a) at this page...
  10. H

    Legal Questions for Our VERIFIED Lawyers #2

    Add me to the list on the West Coast. I can only follow this case intermittently because watching the blunders makes my brain hurt. :banghead: --Hell's Belle
  11. H

    Motion In Limine To Exclude Mental Health Experts

    The definition of hearsay is complex and has a number of exceptions. Out-of-court statements of a PARTY that are "admissions against interest" are an exception to the hearsay rule in Florida, read down to 18(a)...
  12. H

    Defense FINALLY Begins Depo Process

    The judge extended the deadlines based on an agreement between the State and the defense. By the way, generally speaking parties don't get to take the deposition of any witness more than once. Once the lawyer says, "No further questions," they're done with their ability to compel the appearance...
  13. H

    2010.08.30 - Status Hearing

    Let's be clear on what a "deposition" is. A deposition is the examination of a witness, under oath, compelled by the issuance of a subpoena (or, in a civil case, of a party, under oath, compelled by a notice of deposition--in a criminal case, the state is an entity and the defendant can't be...
  14. H

    2010.08.30 - Status Hearing

    (1) In a criminal case the obligations of the prosecution and the defense are not "symmetrical." The prosecution must turn over all evidence in its possession that is potentially exculpatory to the defense, called "Brady materials" after the case of U.S. v. Brady. However, the defense is NOT...
  15. H

    2010.08.30 - Status Hearing

    OMG Cheney just tried to make a really stupid joke about the ADA preventing the judge from making "senior citizens" work excessive hours.
  16. H

    2010.08.30 - Status Hearing

    He did, and I think that's a crock. You have to swear the witness in, get the name and address and employer for the record, and then ask substantive questions, I hope something better than "What do you know about this case?"
  17. H

    2010.08.30 - Status Hearing

    Baez set 35 LE depos for the same day (18 in the morning, 17 in the afternoon). Judge: "I am the last person you want setting your depositions."
  18. H

    2010.08.30 - Status Hearing

    "I have very little sympathy when we start game-playing."
  19. H

    2010.08.30 - Status Hearing

    JB really needs to learn to control that sickly grin.
  20. H

    2010.08.30 - Status Hearing

    I believe he said it was the prosecution who brought in a confession handed over by LE on the day of the trial, and the prosecution was not allowed to use it.

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