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Lisabeth Fryer,left, , attorney for Casey Anthony appeared at the Orange County Courthouse late this afternoon to block an attempt to put the young woman on probation for a check-fraud case. (RED HUBER/ORLANDO SENTINEL / August 2, 2011)
The emergency motion argues that Strickland has lost jurisdiction in this case because the amended order was made more than 60 days after the original.
"Additionally, the order was fraudulently entered," Mason's motion states. "There was no attempt to notice the defendant or her counsel (however, the media had ample notice), the defendant has not signed the order as required, and the statement on the order was not filed during any proceedings in open court, as stated in the order."
Anthony Will Not Have To Appear At Probation Office
The stay does not mean Judge Perry disagrees with Strickland's order, only that there is good legal cause to suspend its enforcement for now.
Perry could grant the request for an emergency hearing, order written pleadings from attorneys, or rule on the pleadings already filed, among other possible outcomes. He could also lift the stay.
Will the prosecution challenge Anthony's motion to stave off her probation?
Absolutely not, says Orange-Osceola State Attorney's Office spokeswoman Danielle Tavernier. "We are maintaining we do not have a position at the hearing on the issue," said Tavernier. The prosecution stated back in January 2010, during Anthony's sentencing, there was a legal concern with her probation being applied after her release from jail with no certain date specified. The prosecution at that time suggested she serve probation while in jail.
The victim in Casey Anthony's check fraud case says she has no interest in seeing Anthony forced to return to Orlando to serve a year of probation.
State Attorney Lawson Lamar's spokesman told WESH 2 News Lamar's office also will not argue for probation at Friday's hearing because he feels it would be double jeopardy against Anthony.