GUILTY FL - Dan Markel, 41, FSU Law Professor, Tallahassee, 18 July 2014 *arrests* #11

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Just curious. Does anyone know the status of SG’s appeal? I just read the 45 page appeal online but could not find if the appellate court has answered. How many times can he appeal? Is it done automatically in these types of cases

Only direct appeals in cases in which a death sentence has been imposed are automatic in Florida. So, no his appeal was not automatic. His convictions were affirmed. See Garcia v. State, 327 So. 3d 947 (Fla. 1st DCA 2021). Only one direct appeal is allowed. He can now move for postconviction relief. If his initial motion for postconviction relief is denied, and the denial is affirmed on appeal (if he were to take one), there is always the possibility of successive motions. But the time limits and rules limit what can be and why it can be raised in a successive motion. There is also the possibility that the convicted will attempt to seek relief thorough a federal habeas petition, but there are again many rules regarding what can be raised and why it can be raised and when it can be raised in a federal habeas proceeding.
 
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Wow just watched the video of Kawass and the other female co-counsel bawling! Like I said I think it was the tension and also empathetic tears bc KM was bawling before the verdict was even read.
KM's pre-verdict tears make more sense if she believed that jurors had been bribed to hold out, as two jurors did in the first trial.

There are several possible reasons KM didn't make a deal, as set forth in the closing argument rebuttal. I hope we eventually learn the reason.
 
Only direct appeals in cases in which a death sentence has been imposed are automatic in Florida. So, no his appeal was not automatic. His convictions were affirmed. See Garcia v. State, 327 So. 3d 947 (Fla. 1st DCA 2021). Only one direct appeal is allowed. He can now move for postconviction relief. If his initial motion for postconviction relief is denied, and the denial is affirmed on appeal (if he were to take one), there is always the possibility of successive motions. But the time limits and rules limit what can be and why it can be raised in a successive motion. There is also the possibility that the convicted will attempt to seek relief thorough a federal habeas petition, but they are many rules regarding what can be raised and why it can be raised and when it can be raised in a federal habeas proceeding.
Thank you very much for taking the time to explain and educate me on this!
 
Thank you all for the reports from the court room!! Guilty - I like that.

Any word on "when" her sentencing might be - I haven't read or seen anything about that. I know they will have a PSI report - 30 days??

TIA!

edited to add - anyone know "when" Charlie will be back in court now that this trial is over? TIA! :)
 
Thank you all for the reports from the court room!! Guilty - I like that.

Any word on "when" her sentencing might be - I haven't read or seen anything about that. I know they will have a PSI report - 30 days??

TIA!

edited to add - anyone know "when" Charlie will be back in court now that this trial is over? TIA! :)
Hi Niner! Thank you for all the tweets!

I believe the judge said about 31 days will be the sentencing.
 
Thank you all for the reports from the court room!! Guilty - I like that.

Any word on "when" her sentencing might be - I haven't read or seen anything about that. I know they will have a PSI report - 30 days??

TIA!

edited to add - anyone know "when" Charlie will be back in court now that this trial is over? TIA! :)
30 days- date to be set by the Judge's judicial assistant.
 
I wonder how much defending Katherine in two trials cost? Kawass didn’t take this pro Bono did she?

1. KM was obviously guilty given the overwhelming evidence and verdict.
2. the defense attorneys cost a lot of money - especially for 2 trials.
3. KM and her family are not wealthy.
4. the alleged Masterminds are very wealthy.
5. WHO paid for KM's defense?
6. WHY? WHAT did they have to gain by funding KM's legal defense?
7. why would they continue to pay for the defense when a plea deal for freedom was offered?
8. KM never sang against CA despite a plea deal offer to walk.
9. KM's attorneys delayed delayed delayed the trial up until CA got arrested and then they quickly moved for a speedy trial.
10. KM impeached herself for future testimony against the alleged Masterminds.
11. KM's attorney and CA's attorney are in the same building on the same floor in the same Penthouse suite in Miami.
12. what influence did KM's attorneys have on her in her decisionmaking to reject the plea deal and what was their motivation to set her on this suicide mission?
13. why would they keep the funding of the defense team secret?
 
what are the chances and what happens if 6 months from now KM alleges that her defense team was paid by CA and her defense team convinced her to reject the plea deal, go to trial, and lie under oath on the stand at the direction of CA's attorney in order to protect CA?
 
what are the chances and what happens if 6 months from now KM alleges that her defense team was paid by CA and her defense team convinced her to reject the plea deal, go to trial, and lie under oath on the stand at the direction of CA's attorney in order to protect CA?
I'd say the chances are about nil to occur as you lay it out. As you might expect, defense counsel are very aware that clients who lose will try to claim ineffective counsel or otherwise blame the attorneys for misconduct. Therefore, every competent defense attorney will take steps to document and establish that major decisions (such as taking the stand) are documented with clear proof the client understands her/his rights. Regarding the Adelsons paying for the defense, that was investigated by the prior judge with documentation that was sealed and to his satisfaction that the costs were being paid legitimately. I'm not saying the Adelsons did not fund the defense in some manner, but I'm confident that if they did so it was managed to provide deniability for the attorneys.

I have long been fascinated by the interview of Garcia's attorney in which he flatly states that he had information the police were ready to arrest at least Donna and possibly Wendi if Magbanua had been found guilty last time. That, along with Georgia's statement yesterday, indicates there very well may be another arrest or two soon. I was surprised how confident he was that Magbanua would be still useful to the prosecution in spite of testifying twice that she knew nothing. That would be the case if Katie can help make the case against Wendi.

Let's say Katie is willing to testify that Charlie explained in detail what Wendi's involvement was and that she was directly involved in planning and decision-making with Donna and Charlie. Let's also assume that such testimony would be admissible under the co-conspirator exception to the hearsay rule. We know that Katie would be savaged on cross examination and her credibility would be very suspect. Nevertheless, what the prosecution is going to be focused on is making sure they have enough evidence to arraign Wendi and survive a motion to dismiss the case for insufficient evidence. Katie's testimony, however flawed, very well could be the brick that permits the prosecution to keep Wendi in the case as a co-defendant with Donna and Charlie. The goal of the state would be to have a trial with all three family members in the dock as co-conspirators. Katie's cooperation may be the crucial brick that permits a joint prosecution of the family.

It could very well turn out that a jury decides Charlie and Donna deliberately kept Wendi in the dark. If so, that's the way the system works. However, Wendi is absolutely and obviously the heart of the conspiracy and I believe the prosecution's case would be much stronger with a trial against all three Adelsons as co-conspirators. The defense will fight hard to have separate trials but I don't believe they would succeed. If Katie is going to cut a deal it is going to be very soon, and I would expect arrests quite soon thereafter. Otherwise, the clock is running against Charlie and he potentially could assert his right to a speedy trial and force the state to move forward without joining Donna and/or Wendi. I think we are about to see some new developments that make everything so far just the opening act in this wild ride.
 
I have studied the video of the verdict being read and I was struck by how absolutely defeated the defense team appears before the jury came into the courtroom. Back when I tried cases we would study the jurors as they filed into the courtroom for a verdict to read signs. Often a smile to you or the client would be a signal or you would notice how they wouldn't look at you as another signal. In this case Decoste looked like a flogged man from the get-go and didn't seem to be studying the jury at all. My guess is they were hoping for a hung jury and knew that the fact a verdict had been reached was bad news. Similarly, Katie was bawling before the verdict was read and it makes me wonder what they told her that apparently left her so despondent.
 
I'd say the chances are about nil to occur as you lay it out. As you might expect, defense counsel are very aware that clients who lose will try to claim ineffective counsel or otherwise blame the attorneys for misconduct. Therefore, every competent defense attorney will take steps to document and establish that major decisions (such as taking the stand) are documented with clear proof the client understands her/his rights. Regarding the Adelsons paying for the defense, that was investigated by the prior judge with documentation that was sealed and to his satisfaction that the costs were being paid legitimately. I'm not saying the Adelsons did not fund the defense in some manner, but I'm confident that if they did so it was managed to provide deniability for the attorneys.

I have long been fascinated by the interview of Garcia's attorney in which he flatly states that he had information the police were ready to arrest at least Donna and possibly Wendi if Magbanua had been found guilty last time. That, along with Georgia's statement yesterday, indicates there very well may be another arrest or two soon. I was surprised how confident he was that Magbanua would be still useful to the prosecution in spite of testifying twice that she knew nothing. That would be the case if Katie can help make the case against Wendi.

Let's say Katie is willing to testify that Charlie explained in detail what Wendi's involvement was and that she was directly involved in planning and decision-making with Donna and Charlie. Let's also assume that such testimony would be admissible under the co-conspirator exception to the hearsay rule. We know that Katie would be savaged on cross examination and her credibility would be very suspect. Nevertheless, what the prosecution is going to be focused on is making sure they have enough evidence to arraign Wendi and survive a motion to dismiss the case for insufficient evidence. Katie's testimony, however flawed, very well could be the brick that permits the prosecution to keep Wendi in the case as a co-defendant with Donna and Charlie. The goal of the state would be to have a trial with all three family members in the dock as co-conspirators. Katie's cooperation may be the crucial brick that permits a joint prosecution of the family.

It could very well turn out that a jury decides Charlie and Donna deliberately kept Wendi in the dark. If so, that's the way the system works. However, Wendi is absolutely and obviously the heart of the conspiracy and I believe the prosecution's case would be much stronger with a trial against all three Adelsons as co-conspirators. The defense will fight hard to have separate trials but I don't believe they would succeed. If Katie is going to cut a deal it is going to be very soon, and I would expect arrests quite soon thereafter. Otherwise, the clock is running against Charlie and he potentially could assert his right to a speedy trial and force the state to move forward without joining Donna and/or Wendi. I think we are about to see some new developments that make everything so far just the opening act in this wild ride.

i'm not saying KM will be successful in her claim of misconduct by counsel but i'm saying she might try - and she might have the facts on her side. follow the money.
 
1. KM was obviously guilty given the overwhelming evidence and verdict.
2. the defense attorneys cost a lot of money - especially for 2 trials.
3. KM and her family are not wealthy.
4. the alleged Masterminds are very wealthy.
5. WHO paid for KM's defense?
6. WHY? WHAT did they have to gain by funding KM's legal defense?
7. why would they continue to pay for the defense when a plea deal for freedom was offered?
8. KM never sang against CA despite a plea deal offer to walk.
9. KM's attorneys delayed delayed delayed the trial up until CA got arrested and then they quickly moved for a speedy trial.
10. KM impeached herself for future testimony against the alleged Masterminds.
11. KM's attorney and CA's attorney are in the same building on the same floor in the same Penthouse suite in Miami.
12. what influence did KM's attorneys have on her in her decisionmaking to reject the plea deal and what was their motivation to set her on this suicide mission?
13. why would they keep the funding of the defense team secret?
I thought Katie’s SIL, Samantha, embezzled money for Katie’s defense. she was arrested for it. I remember years ago Decoste stating payment was coming from Katie’s family
 
May 27 2022
''Sentencing for Magbanua is scheduled in 30 days.

Attorneys Orin Snyder and Matt Benjamin released a statement on behalf of the Markel family following the verdict Friday:

“The jury’s conviction of Katherine Magbanua is another important step forward on the path to justice. It has been almost eight years since Danny was brutally murdered in cold blood, and it has taken a tremendous effort to get to this point. We are extremely grateful for the tireless commitment of law enforcement and the Leon County State’s Attorney’s Office. We also want to express our appreciation to the jurors for their service. Finally, we are so thankful for the support and encouragement we have received from friends and family around the world and, in particular, from the Tallahassee community that has embraced us and helped to bring about justice."

"As all who followed the trial know, there is more work ahead to ensure that each and every person responsible for Danny’s barbaric murder is brought to justice and held accountable. Until that day, we will continue to fight for complete justice and to spend time with with our grandchildren, Danny’s two young boys, whom we love and miss dearly.”
 
i'm not saying KM will be successful in her claim of misconduct by counsel but i'm saying she might try - and she might have the facts on her side. follow the money.
Nothing would please me more than to have Katie sing. I hope she finally wakes up and realizes this is her last chance for any hope of redemption or relief. Once the judge imposes a life sentence she is done. Think about that. In Florida there are only two options for Murder 1: DEATH or LIFE WITHOUT PAROLE. Now that she's been convicted I'm not even sure what the state could offer her given the mandatory sentencing requirements.
 
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