Casey may represent herself at trial.

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If the taxpayers have to pay all of her investigative costs if she represents herself then would the taxpayers be paying indirectly JB's attorney's fees? I'm think that they cannot afford to pay attorney's fees and do not want a court appointed attorney so this is how they want to get around this.
Who decides if her trial will be televised?
 
Didn't that Joseph Duncan represent himself? The man who killed the Groene family? He got convicted, didn't he.
Go, Casey, Go!! She will end up on DR if she does.
 
If Casey represents herself at trial, will she still be able to ask for a retrial--due to an inadequate defense, when she loses?


Yes, she would be eligible for an appeal and then it starts all over again. I believe the State would offer an attorney for her if it's money that is the problem. IMO only, she would be committing legal suicide if she attempts to do this herself. The charges are far too severe and the consequences too drastic to take the chance of not being represented properly.
 
Didn't that Joseph Duncan represent himself? The man who killed the Groene family? He got convicted, didn't he.
Go, Casey, Go!! She will end up on DR if she does.


Ted Bundy represented himself and we all know how well that went.
 
Yes, she would be eligible for an appeal and then it starts all over again. I believe the State would offer an attorney for her if it's money that is the problem. IMO only, she would be committing legal suicide if she attempts to do this herself. The charges are far too severe and the consequences too drastic to take the chance of not being represented properly.

Death Penalty appeals, especially for IAC, can take years, at least here in California. I think Scott Peterson is trying for IAC with Mark Geragos. Good Luck on that Casey! She won't be out pending appeal, she'll sit on Death Row.
 
Yes, she would be eligible for an appeal and then it starts all over again. I believe the State would offer an attorney for her if it's money that is the problem. IMO only, she would be committing legal suicide if she attempts to do this herself. The charges are far too severe and the consequences too drastic to take the chance of not being represented properly.

Never, in a BA-zillion years with this girl represent herself, E-V-E-R.

Im that sure.

Although, if they get a change of venue to FUSION, perhaps.
 
They should let Casey represent herself - remember how
well it worked out for Ted Bundy!!!!


IIRC Ted had been a law student and that was why that was allowed

No one is going to allow her to grandstand in the courtroom she
doesnt even have a GED - there are standards because the charges
are so serious and no one wants reversal or appeal issues .

KC better get used to not getting what she wants - no one is going
to indulge her sense of entitlement ever again - that little dynmanic
is history
 
I think the whole idea was a plea (from JB) to lure in the dream team pro bono and take credit for second chairing the trial for his own fame.
 
Before Casey would be allowed to file a Pro se, they would hold a FARETTA INQUIRY . I don't see any judge allowing her to represent herself
IMO
 
She's hoping that if they allow it that she'll have grounds for appeal after the debacle. No way a judge will allow it after being forced to listen to her ramble on aimlessly, chomping on her gum, and twiddling her hair with her pointer finger.

Also, it's amazing how the news outlets jumped immediately to the fact that the tax payers would have to divvy up for her research. I mean come on, as if this circus needs anymore attractions.
 
Nicely put KD. She couldn't qualify. She's spent her life wrapped around poles and not in the library where some of us have been.

http://www.jud10.org/faretta.htm
Oh wow! Most of the attorneys who represent clients in criminal cases wouldn't answer all of those questions correctly!
In practice, Faretta hearings aren't that sophisticated. Faretta does not require any knowledge of substantive law. Faretta merely requires that a defendant is mentally competent to stand trial; knows and understands the charges and punishments faced; and, makes their decision with "eyes wide open." Essentially, to go pro se, you only have to be smart enough to know how dumb you're being.

One_hooah_Wife laid it out very precisely and accurately in her previous post:
I know that it seems that way ... but there is tons of precedence where convictions are overturned on appeal when the courts have refused to allow the defendant to represent themselves. It is a constitutional right and in fact one of the very oldest laws, predating much of the Bill of Rights. One such example is Faretta v. California. The Supreme Court said in the 1975 case that defendants have a constitutional right to waive counsel at trial if doing so voluntarily and intelligently. Furthermore, the high court ruled in the 1993 case of Godinez v. Moran, that the standard for determining competency to stand trial — whether the defendant can understand the proceedings and assist in his defense — is the same standard for waiving the right to counsel and pleading guilty.

This is a relatively recent decision California v. Dent

"When a motion to proceed pro se is timely interposed, a trial court must permit a defendant to represent himself upon ascertaining that he has voluntarily and intelligently elected to do so, irrespective of how unwise such a choice might appear to be. Furthermore, the defendant's 'technical legal knowledge' is irrelevant to the court's assessment of the defendant's knowing exercise of the right to defend himself."

Citing: (People v. Windham (1977) 19 Cal.3d 121, 128, 137 Cal. Rptr. 8, 560 P.2d 1187 [*8] (Windham), quoting Faretta, supra, 422 U.S. at p. 836.) Erroneous denial of a Faretta motion is reversible per se. ( McKaskle v. Wiggins (1984) 465 U.S. 168, 177, fn. 8, 79 L. Ed. 2d 122, 104 S. Ct. 944.)


As far as being able to use "ineffective counsel" or "ineffective assistance of counsel" as grounds for appeal it is important to remember as the Court stated in Faretta “(...) when the accused manages his own defense, he relinquishes, as a purely factual matter, many of the traditional benefits associated with the right to counsel. (...) the loss of legal and technical expertise a lawyer provides could prove detrimental to any case. (...) a defendant who elects to self-represent has no right to appeal based on ineffective assistance of counsel."

The right to self representation is so fundamental that an Indiana case went all the way to the Supreme Court this summer, to determine whether a schizophrenic man could represent himself. Indiana vs. Ahmad Edwards, 2008
If Casey moves to go pro se, the court will definitely appoint a stand-by attorney, but there's little reason to believe a judge would stop her from representing herself.
 
She's hoping that if they allow it that she'll have grounds for appeal after the debacle. No way a judge will allow it after being forced to listen to her ramble on aimlessly, chomping on her gum, and twiddling her hair with her pointer finger.

Also, it's amazing how the news outlets jumped immediately to the fact that the tax payers would have to divvy up for her research. I mean come on, as if this circus needs anymore attractions.

If she elects to represent herself, she effectively waives her right to appeal based on ineffective assistance of counsel.
 
How does that old saying go? Something about a man who acts as his own attorney has a fool for a client? 'Nuff said.
However, I am pissed that my tax dollars continue to be wasted in this circus

ITA, Diz..I think this is just so they can manipulate funds for her investigation. I do not believe the judge will allow that in a capital murder case.

If Baez stays on the case he will have to be second chair. He doesn't have enough experience for a capital murder case.

GRACE: Back to Nikki Pierce with WDBO. Nikki, there is talk that Baez may actually have to step down from taking the case to trial?

NIKKI PIERCE, REPORTER, WDBO RADIO: There`s some talk about that, because, as I understand it, you have to have five years as an attorney at least to be able to defend this kind of a case.

We also hear that Casey Anthony may actually defend herself. This from Jose Baez`s PR firm, saying that she would have access to state funds to get her some investigators if she did so.

GRACE: You know, to Raymond Giudice, Doug Burns, I do not believe that any court in this country would allow a death penalty, Raymond, to go forward per se with council defending themselves.
http://transcripts.cnn.com/TRANSCRIPTS/0810/14/ng.01.html
 
Oh wow! Most of the attorneys who represent clients in criminal cases wouldn't answer all of those questions correctly!
In practice, Faretta hearings aren't that sophisticated. Faretta does not require any knowledge of substantive law. Faretta merely requires that a defendant is mentally competent to stand trial; knows and understands the charges and punishments faced; and, makes their decision with "eyes wide open." Essentially, to go pro se, you only have to be smart enough to know how dumb you're being.

One_hooah_Wife laid it out very precisely and accurately in her previous post:


The right to self representation is so fundamental that an Indiana case went all the way to the Supreme Court this summer, to determine whether a schizophrenic man could represent himself. Indiana vs. Ahmad Edwards, 2008
If Casey moves to go pro se, the court will definitely appoint a stand-by attorney, but there's little reason to believe a judge would stop her from representing herself.

Thanks Nancy ... I appreciate you adding your thoughts and expertise to this topic. I worked for three years during law school for the Office of Friend of the Court ... filing a lot of amicus curiae motions and briefs for pro se cases then later I clerked for an appellate judge. It could actually be a pretty savvy move on Casey's part ... lots of times when a defendant chooses a pro se defense they are allowed quite a bit if leeway with the court ... even with Baez sitting in. That said, I don't think that this will happen ... I look for some really high profile attorneys to swoop in any day and come to Miss Casey's rescue!
 

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