2011.05.31 Sidebar Thread

[Oakley]

I've heard two statements so far during the trial that I have questions about. I've heard that the duct tape was placed on Caylee pre-mortem and then I've also heard that it was placed pre-decomposition.

Do we know?

Thanks in advance.

Aqua

Yes we do. Dr G, the medical examiner in her report says the duct tape was applied pre-mortem. And if it was a drowning accident (which I don't believe for a second) there is no way it would have adhered if applied afterward. Also no reason to apply it post. There are threads in here where that is discussed in depth. HTH

 

[ebedeeb]

JVM is saying that they have inside info about CA after she testified...will be on tonight.

 

[nursebeeme]

In law, a reversible error is an error by the trier of law (judge) or the trier of fact (the jury or the judge if it is a bench trial) or malfeasance by one of the trying attorneys which results in an unfair trial. It is to be distinguished from harmless errors that do not rise to a level that bring the validity of the judgment into question and thus do not lead to a reversal upon appeal.
A finding of reversible error requires that substantial right of the appellant be affected, or the evidence in question be of such character as to have affected the outcome of the trial. (See e.g., Montana Petroleum Tank Release Compensation Bd. v. Crumley's, Inc., 174 P.3d 948, Mont.,2008)
Reversible errors include, but are not limited to:
Seating a juror who has manifested impermissible bias to one party or the other
Admitting evidence which should have been excluded under the rules of evidence
Excluding evidence which a party was entitled to have admitted
Giving an incorrect legal instruction to a jury
Failure to declare a mistrial when continuing with trial amounts to a denial of due process
Conversely, granting a mistrial in a criminal case if the defendant objects, unless the grant was necessary to correct manifest injustice
If an appellate court determines that reversible error occurred, it may reverse the judgment of the lower court and order a new trial on such terms and conditions as are found to be just

http://en.wikipedia.org/wiki/Reversible_error

umm.... I say upon reading this: DENIED... (JMHOO)

 

[fifteen89]

Where can I pre-order my signed copy of Judge B Perry's How to Treat a Jury?? I love him.:heartbeat:

I want the boxed set with the sequel "How to deal with a bumbling lawyer".

 

[mydailyopinions]

Levi Page tweeted that his source said when Lee Anthony testifies there might be something shocking. ??????????? Alright Levi, tell us what you are hearing already!

 

[Tipstaff]

I missed some this afternoon. Can some one please explain to me what JB did that would allow the 6 felony charges to come in.

TIA

JB questioned witnesses about ICA's character and reputation as a mother, who the father of Caylee is and he questioned CA in this regard as well. Thus he opened the door to the convictions. Tomorrow morning there will be a hearing at 8 30 AM and the judge suggested some case law for JB to review. :twocents:

 

[ebedeeb]

Favorite parts of the day....VP's Boob comment on IS....and HHJP's smackdown about not using the file room. It lightened it up a bit after this morning gutwrenching CA testimony.

 

[Oakley]

To those who want to know why Casey didn't go to PR...she had no money...yet. Plus, she wouldn't have wanted to leave Tony IMO.

You forgot the biggie: no one to watch Caylee :maddening:

Speaks to motive. Amy said she really wanted to go too. I had that impression from the docs. Poor Caylee.

 

[logicalgirl]

Just wanted to say thank you to the mods on the threads during the trial days.

Well, not exactly brown nosing quite as much as it first looks like here :giggle:

What I really like is that you mods have all bolded your names so we can see them. It's always good to know when we have been shucking and jiving that we should actually be ducking and diving.......

...................................................:ufo: .......................

 

[MissJames]

I know this is annoying,but I'm trying to catch up.
Rough day setting up hospice for my FIL.

Who was the large man that hugged CA when she took a break?This is after she broke down during the 911 calls.Was that a member of the DT?

 

[AZlawyer]

I missed some this afternoon. Can some one please explain to me what JB did that would allow the 6 felony charges to come in.

TIA

it had to do with evidence in the Huggins case, to which they all need to read up on and argue tomorrow a.m.

In the Huggins case, the defense asked a witness about something the defendant had said (that he shaved his pubic area to get rid of lice, not to avoid giving a pubic hair sample to LE). It was improper hearsay, but it got in. Because the defense had introduced testimony of the defendant in this way, the State was then allowed to impeach that testimony, just as if the defendant had actually testified, by bringing in the defendant's felony convictions.

Here, JB asked a witness (Cindy) about statemetns Casey had made about the paternity of Caylee (I think), and now the State wants to bring in Casey's felony convictions to impeach that "testimony" of Casey.

I would love to see a transcript, but I doubt that the statements of Casey that JB elicited from Cindy were (1) presented by JB as having been truthful statements by Casey or (2) relevant at all to Casey's defense. If the statements were not presented as having been truthful and/or were not particularly relevant to the defense, then IMO HHJP should not allow the felony conviction information into evidence.

 

[TakeNote]

Levi Page tweeted that his source said when Lee Anthony testifies there might be something shocking. ??????????? Alright Levi, tell us what you are hearing already!

no teasing Levi spill it! :innocent:

 

[katydid23]

Yeah, nice, while I'm sure Cindy had to take some prescription meds for her anxiety. She wore her grief on her whole face; swollen eyes from real, actual crying. Casey is an unfeeling reptile.

Please note, Cindy needed help coming off the witness stand because she was so weak and distraught today.
Casey glided out, smiling and grinning, not a care in the world it seems.

 

[mollymil23]

My guess is that Lee will admit to himself and Casey being sexually curious together, as children, even siblings, often are.

 

[mybrokenwings]

Levi Page tweeted that his source said when Lee Anthony testifies there might be something shocking. ??????????? Alright Levi, tell us what you are hearing already!

Does anyone know when Lee will testify?? I will plan to be home that day!!

 

[sleutherontheside]

HUGGINS v. STATE

John Steven HUGGINS, Appellant, v. STATE of Florida, Appellee.

No. SC02-2364.

-- December 02, 2004


http://caselaw.findlaw.com/fl-supreme-court/1268716.html

In case anyone is interested in reading it.

WOW...Jeff Ashton was the prosecutor.

 

[RR0004]

I want to thank HLN for keeping this on pretty much all day. I could pick it up on the radio while on the road. I couldn't believe that Baez brought up the money the Anthony's made on the pics. What the heck does THAT have to do with Casey killing Caylee. So they have a financial interest...is he implying they planned the murder of their granddaughter for the money?!!!WTH Did the DT come here and pick apart our threads to come up with stuff that would make them less credible? The As blew it with the book thing...the picture thing...the Foundation...but they DID NOT kill Caylee.

 

[mombomb]

JB questioned witnesses about ICA's character and reputation as a mother, who the father of Caylee is and he questioned CA in this regard as well. Thus he opened the door to the convictions. Tomorrow morning there will be a hearing at 8 30 AM and the judge suggested some case law for JB to review. :twocents:

After the Jury left, the judge said they all needed to review the Huggins case. WFTV's Bill Shaeffer was saying, I think, that this was a case that HH had tried and that it had been held up on appeal. Shaeffer also said that this was a huge error on Baez's part and clearly showed his inexperience. The reversible would relate, I think, to how the judge rules in the morning? I really with I understood this. It seems very important!

 

[Kentjbkent]

Levi Page tweeted that his source said when Lee Anthony testifies there might be something shocking. ??????????? Alright Levi, tell us what you are hearing already!

Just to keep score....

So 10 minutes after court recesses for the day, JVM claims to have "new inside information about CA" and now Levi claims to have "new inside information about LA"...

WHY am I getting the impression that SOMEONES are trying to keep my attention after a LONG DAY of Live Feed Watching???:waitasec:

Sorry "Charlie"...gonna go out, sit on the porch with a glass of wine and watch the birds...

HAD ENOUGH FOR THE DAY!!!

 

[fifteen89]

Favorite parts of the day....VP's Boob comment on IS....and HHJP's smackdown about not using the file room. It lightened it up a bit after this morning gutwrenching CA testimony.

I wasn't watching IS - did Vinnie ever acknowledge that he knows his comment was on air? imo he should definitely apologize for that one.