2010.12.21 Stream of Motions - General Discussion

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Lotus22 said:
This is my first post here. Long...long time lurker, but I can't help myself today!!!

As if Baez hasn't proven himself incapable in many areas........His drivers licence has been suspended for failure to pay a $23.00 speeding fine!!:floorlaugh:
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Another "Thwarted Expense".
 
Cherishtoo has just posted these motions in the "motions thread".
011.02.17 Order Setting Hearing on States Motion to Strike Def Supplemental Witness List

http://www.ninthcircuit.org/news/Hig...ess%20List.pdf

2011.02.17 Motion and Order for Transcription Services

http://www.ninthcircuit.org/news/Hig...20Services.pdf

Darn, I didn't bring them over properly but good reading. The States motion to strike the Defense "late witnesses" will be heard on March 2, 2011. And ICA will be there.

Now that will be an interesting day!
 
I have never followed a case quite this closely before so I had no idea if all the motions the defense keeps filing are normal or just flat out overkill. Out of curiosity I looked up a local case that happened within the last 2 years. It was a man who was accused of killing his girlfriend's child and he was represented by R. Hornsby, of all people. So I found the case and while I could not read the motions themselves, the court case folder contains the list of everything that was done in the case. Mr. Hornsby, as a good defense attorney should, filed a lot of motions. Motions to supress, motions to exclude, motions in limine, etc.

I bring this up because it helps me keep in mind that many of the motions that are being filed in this case are stand operating procedures for defense attorneys. They try to level the playing field by attempting to get as much evidence thrown out or supressed as they can. I am sure most of the motions filed by other defense attorneys actually cite case law, don't have 'misinformation' in them, and don't have any whining going on in them, though. the majority of this defense teams' motions may seem to be ridiculous, but it is part of their job to file motions. I would imagine an appeal of ineffective counsel could be filed if they did not file the motions. Just something to keep in mind which might help our 'collective' blood pressure from going up too much when the next batch of defense motions get filed :)
 
Macushla said:
I have never followed a case quite this closely before so I had no idea if all the motions the defense keeps filing are normal or just flat out overkill. Out of curiosity I looked up a local case that happened within the last 2 years. It was a man who was accused of killing his girlfriend's child and he was represented by R. Hornsby, of all people. So I found the case and while I could not read the motions themselves, the court case folder contains the list of everything that was done in the case. Mr. Hornsby, as a good defense attorney should, filed a lot of motions. Motions to supress, motions to exclude, motions in limine, etc.

I bring this up because it helps me keep in mind that many of the motions that are being filed in this case are stand operating procedures for defense attorneys. They try to level the playing field by attempting to get as much evidence thrown out or supressed as they can. I am sure most of the motions filed by other defense attorneys actually cite case law, don't have 'misinformation' in them, and don't have any whining going on in them, though. the majority of this defense teams' motions may seem to be ridiculous, but it is part of their job to file motions. I would imagine an appeal of ineffective counsel could be filed if they did not file the motions. Just something to keep in mind which might help our 'collective' blood pressure from going up too much when the next batch of defense motions get filed :)
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I don't mind if the defense files the motions; just so long as the court doesn't grant them. :floorlaugh:
 
Wysteria said:
"Is the defendent seriously concerned about a bias against sloppy car owners"?
(I have not learned how to post a link yet, sorry.)
The above question is in the State Response regarding the car stain, filed on 2011.02.10

For some reason this question made me laugh so hard I started to snort. Very unladylike. Scared the dog too.

The SA office is amazingly adept at pointing out the defenses marked lack of competence. The question in my post demonstrates that so well. I am a bit quirky by nature so maybe that explains my reaction. There are oodles of examples in the SA responses, documents and court pleadings thus far; that clearly demonstrate their devotion to Caylee Marie Anthony.

I feel guilty for thinkin' some of the information is hysterical in this case; considering the content of the document and question I posted above and more importantly; for the loss of our dearest angel Caylee. I'm sorry sweet Caylee. I feel very uncomfortable when I hear laughter in the courtroom when following cases. I do understand and accept it. I debated whether to post about something that I found to be funny. The only reason I did decide to post, I guess, is to share my opinion that the SA's office is doing an outstanding job; and LE is as well. Kudos to all involved in seeking justice for Caylee. Thank you so very much.

ICA, CA, GA and LA refuse to seek just punishment for Caylee. They have also attempted to waylay this justice by behaving in a decietful, disingenuous and corrupt manner. No worries hunny Caylee, it will be okay.

Perhaps, through my sorta peculiar post a member here that is concerned about the outcome of this case will ease that concern? I remember a couple of my posts were about my worry and concern regarding punishment for this horrid crime. Thanks to WS'ers as well, because I'm not concerned anymore. The information, all of the hard work, and the insight you provide is awesome. :tyou:

Okay then... off to slink into the lurker corner...:crazy::nuts::talker::ziplip:

sorry about the grammer and spelling errors...I think I'll add that to my sig. line.
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Wysteria.....I love you - I love you - I love you!!!! :blowkiss:

I too see the comedy in unexpected places.....and I too sometimes feel "unsure" about having a laugh at the silly & ridiculous things that come up in serious proceedings. I too think of Caylee and at times, second guess myself about making a joke, wisecrack or sarcastic remark. But....I know how badly I want justice for "our" little girl and that when I laugh about something absurd....it's ok, it's a way to get through the awful reality of what happened to her.
I'm so glad you are here. And know this......some of the largest laughs I've ever had.....have been reading someone's post here at WS's --- I'm talking tears rolling, can't breathe laughing.

WELCOME..... :loveyou:
 
TotallyObsessed said:
:Welcome1:

I saw that. But then it looked like the suspension was "suspended". I think JB read here today and saw it posted in the news thread. So he rushed right down and paid the balance due!!!!!!!!!!!!!!!:floorlaugh::floorlaugh::floorlaugh:
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Good Lord....can you imagine being the lead lawyer on a nationally known murder case and having to check a website to see if you've neglected anything in your life that needs to be taken care of???? :giggle:

Maybe we should start a calendar and note pad here for him:

Things to do:
#1---work on a defence for my client CMA. :panic:

#2---beg LDB for a plea bargan. :whiteflag:

#3---find new profession. :dracula: :wolf: :snake: :alien: :butthead: :pirate: :put em up:

JMHO
 
Macushla said:
I have never followed a case quite this closely before so I had no idea if all the motions the defense keeps filing are normal or just flat out overkill. Out of curiosity I looked up a local case that happened within the last 2 years. It was a man who was accused of killing his girlfriend's child and he was represented by R. Hornsby, of all people. So I found the case and while I could not read the motions themselves, the court case folder contains the list of everything that was done in the case. Mr. Hornsby, as a good defense attorney should, filed a lot of motions. Motions to supress, motions to exclude, motions in limine, etc.

I bring this up because it helps me keep in mind that many of the motions that are being filed in this case are stand operating procedures for defense attorneys. They try to level the playing field by attempting to get as much evidence thrown out or supressed as they can. I am sure most of the motions filed by other defense attorneys actually cite case law, don't have 'misinformation' in them, and don't have any whining going on in them, though. the majority of this defense teams' motions may seem to be ridiculous, but it is part of their job to file motions. I would imagine an appeal of ineffective counsel could be filed if they did not file the motions. Just something to keep in mind which might help our 'collective' blood pressure from going up too much when the next batch of defense motions get filed :)
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RBBM--thank you for the research Macushla! AZ assured us of this as well and it's good blood-pressure medicine indeed.

I do wonder if it is usual to wait so long in the process to file some of these. And it does seem that we might not have seen some of the more "substantive" motions at all had it not been for the introduction of Mumbles and before him the Lyoness. IMO, the prospect of a successful IAC appeal dwindled away to almost zero with the introduction of some more-experienced lawyers on the defense team. Not to mention the fortuitous entrance of CJBP :heartbeat:...
 
ynotdivein said:
RBBM--thank you for the research Macushla! AZ assured us of this as well and it's good blood-pressure medicine indeed.

I do wonder if it is usual to wait so long in the process to file some of these. And it does seem that we might not have seen some of the more "substantive" motions at all had it not been for the introduction of Mumbles and before him the Lyoness. IMO, the prospect of a successful IAC appeal dwindled away to almost zero with the introduction of some more-experienced lawyers on the defense team. Not to mention the fortuitous entrance of CJBP :heartbeat:...
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Could never get enough of watching this man at work! :loveyou: :heartluv: :heartluv: :heartluv:
 
Had the most horrendous few moments on Friday! Talk about a jump in the old blood pressure.

I make my income providing search services to companies who need to hire specialized personnel. And y'all know how the economy has been like over the last couple of years - newsflash - someone here is not rolling in greenbacks! That would be me!

So.....had a very good client be in touch on Friday - to have a boardroom meeting to discuss new (lucrative) projects, followed up by a luncheon. He called checking for dates, and said March 2nd was the most convenient to him, and offered the 3rd as an alternative. Ack!! :hot:

OMG! I was definitely :panic: What to do, what to do!!! :doorhide:

After much hmm, and oh, let's see what I can move....oh, yes, - here we go, any chance at all we could do the first? I really apologize but the 2nd and 3rd are just solid - but of course for you.........:phone:

The first WILL work! Wonderful - thank you so much!! :innocent: :giggle: Yes, looking forward to it also.....:skip:

Seriously - how pathetic is that - can't miss a hearing! :loser:

But I am what I am! :pillowfight2:
 
Turned into HLN to hear about the Zahra indictment and looks like they will discuss these motions...talked about her myspace and tattoos.
 
Bumping this thread to list the motions that are going to heard 03/02 + 03/03

1) Motion to Suppress Statements Made to George, Cindy, Lee Anthony, Maya Derkovic, Robyn Adams and Sylvia Hernandez
http://www.wftv.com/pdf/26331430/detail.html
2) Motion in Limine to Suppress Video Footage
http://www.docstoc.com/docs/68137932/20101229-Motion-and-Memo-of-Law-to-Suppress-Jail-Video-Footage
3) Motion to Suppress Statements to Law Enforcement Officers
http://www.wesh.com/pdf/26367661/detail.html
Amended Motion to Suppress Statements
http://www.docstoc.com/docs/71719679/20110216-Defense-Amended-Motion-to-Suppress-Statements
4) State of Florida Motion in Limine
http://www.wftv.com/pdf/26331102/detail.html
5) Amended Motion for Spoliation of Evidence to Exclude all References to the Smell of the Pontiac Sunfire
http://www.wftv.com/pdf/26833993/detail.html
6) State of Florida’s Motion to Strike Defendant’s Supplemental Witness List Filed February 14, 2011 (02/15/2011)
http://www.docstoc.com/docs/7167459...ke-Defense-Supplemental-Witness-List-02142011
7) State of Florida’s Motion to Strike Defendant’s Motion to Exclude Unreliable Evidence (Plant or Root Growth) (02/15/2011) (Dr. Hall (State))
http://www.wesh.com/pdf/26878633/detail.html
8) State of Florida’s Motion to Strike Defendant’s Motion to Exclude Unreliable Evidence Pursuant to Frye (Chloroform) (02/15/2011)
http://www.ninthcircuit.org/news/Hi...le Evidence Pursuant to Fyre - Chloroform.pdf
9) Motion for Rule to Show Cause (02/21/2011)
http://www.wftv.com/pdf/26943341/detail.html
 
Awesome, thanks for doing that, P1569! Do we have times for all of the hearings in the next three days? The hearings are the 1st, 2nd, and 3rd, right? Or is there one on the fourth too?

Did we ever hear if some of those hearings are going to be postponed, by the way? I know Baez asked for it, but I don't recall a response yet.

Is there a court calender thread or something I could check? I've read elsewhere that there are hearings on the 2 and 3 only starting at 1:30pm each day, and the Frye hearings are towards the end of the month - 23-25th. But then the news thread here lists a hearing on the 3rd at 9:00 a.m. So I'm a bit confused on dates and times!
 
Aedrys said:
Awesome, thanks for doing that, P1569! Do we have times for all of the hearings in the next three days? The hearings are the 1st, 2nd, and 3rd, right? Or is there one on the fourth too?

Did we ever hear if some of those hearings are going to be postponed, by the way? I know Baez asked for it, but I don't recall a response yet.

Is there a court calender thread or something I could check? I've read elsewhere that there are hearings on the 2 and 3 only starting at 1:30pm each day, and the Frye hearings are towards the end of the month - 23-25th. But then the news thread here lists a hearing on the 3rd at 9:00 a.m. So I'm a bit confused on dates and times!
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This weeks Evidentiary Hearings 2nd and 3rd from 9 am on. The 4th (1:30 pm) is supposed to be a Status hearing. The only motion that was moved to the 23rd of this month was the canine motion since CSI Vincent was having surgery this week. mo
 
P1569 said:
This weeks Evidentiary Hearings 2nd and 3rd from 9 am on. The 4th (1:30 pm) is supposed to be a Status hearing. The only motion that was moved to the 23rd of this month was the canine motion since CSI Vincent was having surgery this week. mo
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Thank you. I just noticed that WS does have a very handy case calendar. Maybe I should look before I post next time, huh? lol.
 
P1569 said:
Bumping this thread to list the motions that are going to heard 03/02 + 03/03

1) Motion to Suppress Statements Made to George, Cindy, Lee Anthony, Maya Derkovic, Robyn Adams and Sylvia Hernandez
http://www.wftv.com/pdf/26331430/detail.html
2) Motion in Limine to Suppress Video Footage
http://www.docstoc.com/docs/68137932/20101229-Motion-and-Memo-of-Law-to-Suppress-Jail-Video-Footage
3) Motion to Suppress Statements to Law Enforcement Officers
http://www.wesh.com/pdf/26367661/detail.html
Amended Motion to Suppress Statements
http://www.docstoc.com/docs/71719679/20110216-Defense-Amended-Motion-to-Suppress-Statements
4) State of Florida Motion in Limine
http://www.wftv.com/pdf/26331102/detail.html
5) Amended Motion for Spoliation of Evidence to Exclude all References to the Smell of the Pontiac Sunfire
http://www.wftv.com/pdf/26833993/detail.html
6) State of Florida’s Motion to Strike Defendant’s Supplemental Witness List Filed February 14, 2011 (02/15/2011)
http://www.docstoc.com/docs/7167459...ke-Defense-Supplemental-Witness-List-02142011
7) State of Florida’s Motion to Strike Defendant’s Motion to Exclude Unreliable Evidence (Plant or Root Growth) (02/15/2011) (Dr. Hall (State))
http://www.wesh.com/pdf/26878633/detail.html
8) State of Florida’s Motion to Strike Defendant’s Motion to Exclude Unreliable Evidence Pursuant to Frye (Chloroform) (02/15/2011)
http://www.ninthcircuit.org/news/Hi...le Evidence Pursuant to Fyre - Chloroform.pdf
9) Motion for Rule to Show Cause (02/21/2011)
http://www.wftv.com/pdf/26943341/detail.html
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:rocker: P1569 you rock - thanks!

I am loving that most of these are the State's motions and 3 out of 5 are a function of the poor performance and/or behavoir of the defense (i.e., you arent gonna let them get away with that are you?) and the other two boil down to...seriously? seriously?
 
Just saw over in the "news" thread that someone (Jomo IIRC) posted the State's list of witnesses and exhibits for next week.
 
Wow, so Cindy, George & Lee get to take the stand again. This week should be interesting.
 
And I see that the State does not plan to use the jail "reaction" video or Maya D's testimony. Good move, IMO.
 
AZlawyer said:
And I see that the State does not plan to use the jail "reaction" video or Maya D's testimony. Good move, IMO.
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Mark Eiglarsh had said on one of the shows the other day that they really need to keep it lean and clean and not junk it up with jailhouse snitches, etc. I guess they agree. Does this mean WE can see the video now? Also, I see that they are calling Cindy Anthony as a witness. Hot diggity Dam I'm tempted to take off Wed and Thurs. WOuldn't you know my boss's boss's boss sent an email out saying there is a mandatory meeting on Wed from 8-10, no one can take off. :maddening:

ETA: I feel the flu coming on. The blue flu.
 
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