Casey To Serve One Year Probation

[Steven30CA]

yes, I know I don't post alot, but I have a feeling that the appeal court will denied the appeal because the florida Bar is investigating Baez regarding ignoring the judge's order. that means alot in court of law.. jmo..

 

[rotterdam]

The defense, you mean? Yep. Unfortunately, the defense is also pointing out that the state knew about it too, and did nothing (an oversight). I hope it all doesn't backfire.

:slapfight: They're playing out their vendettas in these legal proceedings. It makes for very entertaining reading. opcorn:

I never liked that part either, it was in the order of HHJP also. Probably went to an underling in the State Attorney's office, together with many others that started probation.. However, the Judge did not receive notification that probation had started and only that counts, IMO.

 

[Little Black Dress]

yes, I know I don't post alot, but I have a feeling that the appeal court will denied the appeal because the florida Bar is investigating Baez regarding ignoring the judge's order. that means alot in court of law.. jmo..

I hope you're right. It sure does look like the timing of the FL Bar's comment may be helpful in that regard.

 

[zoomom]

As far as Casey and her DT knew she was sitting in jail on fake probation.

They knew exactly what the judge said about probation and became players in the fraud probation against the courts wishes.

If Casey had got in any trouble during the fake probation they would have went back to court and said she should have never been on probation until she got out.

Being a major player in that sham is why Jose is being investigated and should be thrown in jail.

Thank you! Needs to be re-posted!
:clap::clap::clap::clap::clap:

 

[Dignity4Victims]

Here we go again....

Florida Bar investigating Jose Baez over Casey Anthony probation issue

Jose Baez has a history of complaints with the Bar since taking Casey Anthony's case.

http://www.orlandosentinel.com/news...-jose-baez-bar-invest20110817,0,3119012.story

 

[katydid23]

I think that the biggest problem for the court is that Judge Strickland signed off on the orders even though they contained that major clerical error. But AF did not even bring that up, so maybe it is not considered that big of a deal. It seems to me it should count against the judge's argument though.

 

[rotterdam]

Well, if JB is being investigated for matters "related to the probation issue", maybe that's what they're investigating! Wishful thinking. :innocent:

Somehow, I do not think that will go anywhere. Even Hornsby posted that an defense attorney is not obligated to notify the court of such an apparent error.
Their loyalty is primary to their client. It is a slippery slope but it could be stretching ethical behavior/candor too much. JMO. May be just a slap on the wrist or a warning.

 

[rotterdam]

Wonder why they didn't just wait until tomorrow to file the proper way. Filing it early via email won't help them in any way I can see... except the media got a chance to see it early.

I can not figure that out either. You would think that Cheney with many years of experience certainly would know the rules.

 

[rotterdam]

I think that the biggest problem for the court is that Judge Strickland signed off on the orders even though they contained that major clerical error. But AF did not even bring that up, so maybe it is not considered that big of a deal. It seems to me it should count against the judge's argument though.

I thought the strongest point in the probation order is the fact that the written probation instructions in the original order from Judge Strickland were impossible to be accomplished while sitting in jail. The appeal touched briefly on them but only on those that could be accomplished in jail and left the rest conveniently out.

 

[Emma Peel]

Is there an probation ruling appeal thread?

Anyway I just saw this article, and this seemed the best place to post it. Not sure if it's been put up here yet...

Casey Anthony appeal: probation a 'vindictive act by a glaringly biased judge'

Lawyers for Casey Anthony file an emergency petition appealing a judge's order that she must return to Orlando next week to begin serving a year of probation they say she already completed.

http://www.csmonitor.com/USA/Justic...-a-vindictive-act-by-a-glaringly-biased-judge

The lawyers said that although judges have the authority to correct a clerical error in a sentence still being served, they do not have the power to amend a sentence once it has been completed.

“Once a sentence has been fully served, even if it is an illegal sentence, the court lacks jurisdiction and would violate double jeopardy by resentencing the defendant to an increased sentence,” the appeal says.

is that a :stretch: or what?

 

[ZsaZsa]

yes, I know I don't post alot, but I have a feeling that the appeal court will denied the appeal because the florida Bar is investigating Baez regarding ignoring the judge's order. that means alot in court of law.. jmo..

I don't know enough about the law to even guess what will happen, but I do know that in his entire career HHJP has had only one minor ruling overturned .:innocent:

 

[Well Done 99]

Is there an probation ruling appeal thread?

Anyway I just saw this article, and this seemed the best place to post it. Not sure if it's been put up here yet...

Casey Anthony appeal: probation a 'vindictive act by a glaringly biased judge'

Lawyers for Casey Anthony file an emergency petition appealing a judge's order that she must return to Orlando next week to begin serving a year of probation they say she already completed.

http://www.csmonitor.com/USA/Justic...-a-vindictive-act-by-a-glaringly-biased-judge

Quote:
The lawyers said that although judges have the authority to correct a clerical error in a sentence still being served, they do not have the power to amend a sentence once it has been completed.

“Once a sentence has been fully served, even if it is an illegal sentence, the court lacks jurisdiction and would violate double jeopardy by resentencing the defendant to an increased sentence,” the appeal says.


is that a :stretch: or what?

Good question. Is probation a "sentence"? Anyone with more knowledge know?

 

[LambChop]

Good question. Is probation a "sentence"? Anyone with more knowledge know?

Judge Perry said no. But it has a timeframe so in that context, yes. Still con...fuzed????

 

[feddup]

Good question. Is probation a "sentence"? Anyone with more knowledge know?

I always thought probation was for people to do once they were on the outside Free:waitasec:
Ive never heard of anyone doing probation while in jail! I guess it is complicated. But I think a judge would know all the laws and if he ordered her back he must know?
She still needs to do one yr of probation according to the judge...
and 16 pgs........unbelievable. She sure keeps lawyers busy.:maddening:

 

[logicalgirl]

I think that the biggest problem for the court is that Judge Strickland signed off on the orders even though they contained that major clerical error. But AF did not even bring that up, so maybe it is not considered that big of a deal. It seems to me it should count against the judge's argument though.

But that was acknowledged in HHJP decision - and has been referred in law as a Schriver's error (I think). Plus there is precedent that the oral decision takes precedent over the written decision.

Everyone acknowledge's the difference between the oral and the clerical decision was a simple error - that was corrected. It was HHJS's correction that started this whole probation stuff rolling.

It seems to me the argument they are now using is this is a malicious order by a recused judge and was issued from spite...and to me a darned silly argument to even begin. That he has been on "multiple" media shows saying he was shocked by the verdict - well heck - even the defense team was shocked by the verdict, but apparently Strickland was showing bias.

Its a round and round nonsense appeal...IMO

 

[KarmicLaw]

The mere idea of an individual being on probation while incarcerated is laughable. Seriously...It's more than oxymoronic. I could try to wow y'all with some analogies, but I'd rather just drink a glass of wine and let someone else be witty. ;-)

ETA: Just because a judge "sign offs" on a typewritten order, doesn't imply that nunc pro tunc doesn't apply. It's a retroactive legal effect...(that I didn't prevail on so I had to pay twice to divorce my loser husband)... that protects the court (and plaintiff) so that they don't have to micromanage to the point that a clerical position is rendered moot. If the court was not able to correct a typographical error, then every judge would have to type his own order. That is ludricris (like the rapper) ;-) Don't get me started on the effect to innocent parties who are the victim of clerical error....

 

[logicalgirl]

Judge Perry said no. But it has a timeframe so in that context, yes. Still con...fuzed????

It was kind of a sentence though wasn't it because it was meant to be served for the felony convictions that were adjudicated....so what's it going to be Mr. Baez - probation or serve the other convictions.

Hey, maybe that's what Baez wants here - no probation and put her back in the clink and out of his hair since he doesn't appear to be making any money on her! :innocent:

 

[KarmicLaw]

It was kind of a sentence though wasn't it because it was meant to be served for the felony convictions that were adjudicated....so what's it going to be Mr. Baez - probation or serve the other convictions.

Hey, maybe that's what Baez wants here - no probation and put her back in the clink and out of his hair since he doesn't appear to be making any money on her! :innocent:

I've said it before and I will say it again. Mr. Baez is going to regret the day Casey Anthony got away with murder. YESSSSSSSSSS!!!!!!

 

[logicalgirl]

I always thought probation was for people to do once they were on the outside Free:waitasec:
Ive never heard of anyone doing probation while in jail! I guess it is complicated. But I think a judge would know all the laws and if he ordered her back he must know?
She still needs to do one yr of probation according to the judge...
and 16 pgs........unbelievable. She sure keeps lawyers busy.:maddening:

If you read that decision, it is very clear the probation was always intended to be served upon her release...

 

[DeeMarie]

So who will be paying for her security guards, food, housing-etc if she has to go back to Florida ? How could she even walk into a building in order to report to a probation officer without an angry mob being there ?