Florida Bar Allegedly Prepares Case against Baez

[static]

Mark N? Just a thought, I know he doesn't work for them anymore, but in the rumor thread I read something that has only stuck out in my mind from reading this thread..

bingo! and bless his heart if it was him

 

[ThoughtElf]

So it could be someone associated with the A fam, but not directly coming from BC. Now...Lemme see...who could that be?!

JW or crazy white sunglasses Boy?

(sorry, I really had to)

 

[alwaysonmymind]

Mark N? Just a thought, I know he doesn't work for them anymore, but in the rumor thread I read something that has only stuck out in my mind from reading this thread..

Bingo

 

[bessie]

Mark N? Just a thought, I know he doesn't work for them anymore, but in the rumor thread I read something that has only stuck out in my mind from reading this thread..

That would be my guess. MN working on behalf of a group who will stop at nothing to ensure justice for Caylee.

 

[ThoughtElf]

bingo! and bless his heart if it was him

Agree.

 

[trac]

I do not think the Prosecutors are "flopping around on the floor like fish" with this case, Wudge! I believe they have ample evidence to get a solid conviction.

Always pro defense no matter what the prosecution is wrong - arguing is futile LOL

 

[SeriouslySearching]

JW or crazy white sunglasses Boy?

(sorry, I really had to)

Hahahahaha~ There goes the coke again!!

 

[JBean]

EVERYONE either keeps forgetting or unaware - Casey will get an automatic appeal no matter what JB does, or what the press does or what her parents do, or what joe schmo does - her constitutional right gets her an automatic appeal that will go to the appeals committee for the State of Florida who will then after reading very detailed briefs from both the defense and prosecution will either grant her appeal and she will get a new trial OR they will deny her appeal in which, her appeals lawyer will go back to the drawing board and try for another appeal

It's basic procedure for these kinds of cases

I am not familiar with FL law, are you sure the auto appeal isn't for death sentences?
But either which way ineffective counsel is another appellate avenue that should be closed.

 

[Psmith]

PH is right, by law, LE has no "interest" in Casey's representation of record whatsoever. Everyone seems to be of the opinion the A's called them, I have not been able to confirm that?

I would think LE filing against the State Attorney is unheard of, unless of course the attorney accidentally on purpose tripped or kneecapped an officer who totally blew court testimony. j/k

I don't know that everyone agrees the A family might be the complainant--but who the heck else cares whether or not Mr. Baez is making money in a seemly or unseemly way? Or if he is ethics can be questioned, ie can be undermined in some way.

Going with the poster (PH?) who said A's not happy no plea deal...Baez did not do this "right" aka did not have the persuasive skills to assist his client. I know, I know, but that is what defense is supposed to do....

(The heck is not meant to be argumentative toward what was said, it is used in place of italics and far better adjective that indicates not being able to come up with a better identity for complainant.)

 

[Wudge]

I am not familiar with FL law, are you sure the auto appeal isn't for death sentences?
But either which way ineffective counsel is another appellate avenue that should be closed.

It's only automatic for a death sentence

 

[JBean]

ANYONE can file a complaint with any standing bar, per state or the ABA.
Rules differ by state as to the process, but anyone can literally download the form of the site. Now, you are open to retribution for harassment or frivolous reports like anything, but that is addressed there as well.

I cannot recall what case it was, but a complaint was filed by a member of a message board that thought the atty was acting inappropriately.

 

[JBean]

It's only automatic for a death sentence

That's what I thought thanks Wudge.

 

[Jolynna]

Think about it - if this was the A's who reported JB, then they would have to retain another lawyer - I did some research on this - it is not cheap and it seems that the A's are not rolling in the cash money - so either they retain the lawyer AND then the A's would have to pay for the experts - OR Casey gets a public defender

This is why they didn't do it - they would have to shell out thousands and thousands of dollars JUST for the lawyer - then ALL expenses for the experts

It wasn't them - it was someone else

I agree.

 

[Imajica]

I did research on it - I read crime law sites and it states that first degree murder convictions get automatic appeals

Actually I do a lot of research when people are so sure on things - I like to see if they are correct or not - most likely they have some of the statement incorrect, but some are right - I'm not always right, but if I state something I make sure it is

My understanding is that Florida Law grants only a right to appeal a criminal conviction, unless it is a Capital Case involving the Death Penalty and then it becomes mandatory. Below is the case law referencing the issue:

A criminal defendant has no federal constitutional right to state appellate review of criminal convictions. See for example Estelle v. Dorrough, 420 U.S. 534, 536-37, 95 S.Ct. 1173, 1175, 43 L.Ed.2d 377 (1975) and cases cited therein. Florida law grants a right to appeal from criminal conviction. Fla.Stat. § 924.06 (1979). Once a state grants the right to appeal the Fourteenth Amendment places some constraints upon the denial of the right. See e. g., Draper v. Washington, 372 U.S. 487, 83 S.Ct. 774, 9 L.Ed.2d 899 (1963); Douglas v. California, 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811 (1963); Griffin v. Illinois, 351 U.S. 12, 76 S.Ct. 585, 100 L.Ed. 891 (1956). But the right to appeal from a state court conviction is not a constitutional right in and of itself. For nearly a century Florida courts have had the discretion to summarily dismiss the appeals of those who flout the appellate process by fleeing custody while the appeal is pending. Bretti v. Wainwright, 225 So.2d 516 (Fla.1969), modified, 255 So.2d 26 (Fla.1971); Woodson v. State, 19 Fla. 549 (1882).

Hope that helps

 

[Steely Dan]

It's only automatic for a death sentence

What I don't understand is if a trial is headed for an automatic appeal merely based on the conduct of a clients lawyer before trial why isn't that lawyer dismissed from the case?

Could this be part of the reason for the complaint?

 

[JBean]

What I don't understand is if a trial is headed for an automatic appeal merely based on the conduct of a clients lawyer before trial why isn't that lawyer dismissed from the case?

Could this be part of the reason for the complaint?

well it isn't headed for auto appeal based on the atty behavior. A DP case gets an automatic appeal based on the fact that the DP has been handed down.
An appeal base on the attorney's behavior still has to be argued.

 

[Jolynna]

bingo! and bless his heart if it was him

That was the first name to come to my mind, too.

 

[LancelotLink]

LOL So it has to be someone who dislikes JB's conduct...but not neccessarily someone who likes the A fam's conduct either. In other words...it could be just about anyone!! Can I buy a vowel now?! LOL

Well, in the realm of total speculation, it could be anyone. So, who in FL would have an axe to grind?

 

[Wudge]

What I don't understand is if a trial is headed for an automatic appeal merely based on the conduct of a clients lawyer before trial why isn't that lawyer dismissed from the case?

Could this be part of the reason for the complaint?

If an automatic dismissal was the remedy for such accusations, few good defense attorneys would ever make it to trial.

Could it be? In the world of all possibilities, yes.

That said, as an appeal issue, it would would not be likely to have a high probability of prevailing.

 

[cocoamom]

According to www.floridabar.org JB is "Eligible" to practice law in FL and a member in good standing with nothing on his 10 year discipline history record that I could find....

of course, there is no telling how often these records are updated :waitasec: