Florida Bar Allegedly Prepares Case against Baez

[Steely Dan]

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.

So if the complaint ends in a formal reprimand for JB can he still continue on this case?

 

[Steely Dan]

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:

I believe that he's only been allowed to practice law in FL since 2005.

 

[trac]

It's only automatic for a death sentence

No, it's automatic appeal for capital crimes cases - first degree murder convictions get an automatic appeal

Do a yahoo search and every state - a first degree murder conviction triggers an automatic appeal

 

[Manny]

And this makes it look very different:

http://blogs.orlandosentinel.com/en...case-what-about-wftvs-story-on-jose-baez.html

Randy Means, a spokesman for the Orange-Osceola State Attorney's Office.

His comments were distributed to reporters at WFTV, WESH-Channel 2, WKMG-Channel 6 and the Sentinel:

"My Friday conversation with Mary from Channel 9 was very simple. I told her that we also have heard from media employees that questions [have] arisen as to Defendant Anthony's counsel. I wouldn't specify what question. I informed the reporter that it is the court's responsibility to insure a fair trial for the accused and if any improprieties actually took place by either side, defense or state, both the Florida Bar and the Courts are venues that would hear the complaints. If her story stated anything other than that, it was a creation of a futile mind and questionable ethics."

LOL I hope he said fertile not futile... a mind without hope or an imaginative one?

 

[Manny]

Bold by me
Shouldn't that be "fertile" mind, not "futile"?

whoops, I should have read yours before I posted. Sorry it struck me so funny I had to comment. What is a futile mind lol without hope? Useless. lol

 

[SeriouslySearching]

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

With an attorney?! Hahahahaha~

 

[trac]

I'm reading all kinds of case law and from my understanding the death penalty and a first degree murder conviction with no parole grants the felon an automatic appeal.

In Florida, the appeal process goes straight to the Florida Supreme Court

I have found nothing else that disputes it

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

 

[mydailyopinions]

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.)

Mark N would! He is representing a man who went to Orlando with his organization and spent somewhere in the neighborhood of $100,000 to find Caylee. TES is nonprofit and have had to turn families down because of lack of funds. If there is one person out of this whole thing who would do it, it would be anyone who represents TES!

 

[trac]

But would one lawyer do that to another - thats the , isn't it? I don't think Mark N is that petty - who has JB ticked off that was part of the case? What about his wife? They are separated.....

 

[bessie]

But would one lawyer do that to another - thats the , isn't it? I don't think Mark N is that petty - who has JB ticked off that was part of the case? What about his wife? They are separated.....

Sure, if that lawyer was working on behalf of a party or parties with strong feelings regarding exploitation and victims' rights.

 

[mydailyopinions]

But would one lawyer do that to another - thats the , isn't it? I don't think Mark N is that petty - who has JB ticked off that was part of the case? What about his wife? They are separated.....

I don't think it is petty myself. This is a dead child we are talking about..nothing about a child is petty.
I haven't seen any reports that Baez and his wife are seperated wow..
Mark N is representing Tim, and I tell you, out of everyone, he has been focused only on Caylee through this whole thing..his lawyer would turn him in.

 

[ThoughtElf]

But would one lawyer do that to another - thats the , isn't it? I don't think Mark N is that petty - who has JB ticked off that was part of the case? What about his wife? They are separated.....

If the allegations have merit, then I don't think it is petty?

 

[LancelotLink]

With an attorney?! Hahahahaha~

Come on, now. You've seen his success stories...oh wait...you've seen links for his success stories.

 

[trac]

I don't think it is petty myself. This is a dead child we are talking about..nothing about a child is petty.
I haven't seen any reports that Baez and his wife are seperated wow..
Mark N is representing Tim, and I tell you, out of everyone, he has been focused only on Caylee through this whole thing..his lawyer would turn him in.

I think in the first two pages someone said that it's rare for one attorney to 'rat out' another attorney

And someone on another thread, I'll have to find it - they mentioned that JB wasn't wearing his wedding ring, as noticed in the last hearing - and someone said that the Baez's were separated and we wondered if it was because of Casey

 

[Steely Dan]

With an attorney?! Hahahahaha~

:laugh:

Since I'm 99% sure, as I think most of us are, that this is linked to the Caylee case it's really curious who involved in this thing is instigating the charge and why. :waitasec:

 

[LancelotLink]

I think in the first two pages someone said that it's rare for one attorney to 'rat out' another attorney

And someone on another thread, I'll have to find it - they mentioned that JB wasn't wearing his wedding ring, as noticed in the last hearing - and someone said that the Baez's were separated and we wondered if it was because of Casey

Well, Baez DID say this has nothing to do with allegations of unethical financial dealings.

 

[LancelotLink]

It could be someone within the jail. Didn't they have to tell him to stop touching Casey back in November?

Oops. Link...

http://www.wftv.com/news/17859993/detail.html#-

 

[Emma Peel]

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.

My toughts are with JBean's thought above. Anyone can file a complaint with the FL bar. With this particular allegation, the significant question is who that "someone" is. As in, is it someone with actual facts regarding the alleged financial arrangements? Until we know that, then it's a just speculation, and I'd much prefer a doc dump, myself. (Tomorrow, right?!!!) :deal: :dance:

IIRC, this has already happened in this case - on the issue of JB being a demonstrative and huggy kinda attorney. A bar complaint was filed against JB earlier in this case by someone who'd read news coverage regarding jail officials requesting that JB refrain from hugging his client during visits.

Now that we bring this up, I wonder what the status of the hugging complaint is with the FL Bar...

http://www.abcactionnews.com/conten...honys-attorney-in/9UsJbtc4l0yv89Viy9-zQg.cspx


<snipped to show previous florida bar complaint article>

ORANGE COUNTY, FL -- The Florida Bar Association will investigate to determine if jailhouse hugs between Casey Anthony (PHOTOS) and her attorney are ethical violations, according to Orlando station WFTV.
snip

Jail staff members have reported seeing Casey and her attorney, Jose Baez, hugging, holding hands or sitting very close to each other. Baez reportedly was warned on two different occasions not to hug Casey.
According to an internal email, a jail staff member wrote, &#8220;I spoke with Mr. Baez concerning his continued physical contact (hugging) of his client."

The jail does not allow contact between inmates and others for security purposes.

Officials say Baez apologized the first time he was warned and said he wasn't aware of the rules. Baez reportedly told officers he was upset as he hugs all his clients. The jail email went on to say that Baez "would hate for a brief to be filed in order to correct this."

According to WFTV, the complaint with the Florida Bar was filed by an out-of-state woman who read about the hugging incidents online and felt Baez had overstepped.

Baez could have his license revoked if the Bar decides his conduct was inappropriate, but such action is rare in a case like this.

 

[sweetmop]

But would one lawyer do that to another - thats the, isn't it? I don't think Mark N is that petty - who has JB ticked off that was part of the case? What about his wife? They are separated.....

Jose and his wife are separated? What?
Uh oh. I didn't know that.

 

[LancelotLink]

My toughts are with JBean's thought above. Anyone can file a complaint with the FL bar. With this particular allegation, the significant question is who that "someone" is. As in, is it someone with actual facts regarding the alleged financial arrangements? Until we know that, then it's a just speculation, and I'd much prefer a doc dump, myself. (Tomorrow, right?!!!) :deal: :dance:

IIRC, this has already happened in this case - on the issue of JB being a demonstrative and huggy kinda attorney. A bar complaint was filed against JB earlier in this case by someone who'd read news coverage regarding jail officials requesting that JB refrain from hugging his client during visits.

Now that we bring this up, I wonder what the status of the hugging complaint is with the FL Bar...

http://www.abcactionnews.com/conten...honys-attorney-in/9UsJbtc4l0yv89Viy9-zQg.cspx


<snipped to show previous florida bar complaint article>

ORANGE COUNTY, FL -- The Florida Bar Association will investigate to determine if jailhouse hugs between Casey Anthony (PHOTOS) and her attorney are ethical violations, according to Orlando station WFTV.

The touching incidents took place at the Orange County Jail where Casey is waiting to stand trial on charges that she murdered her young daughter, Caylee Anthony (PHOTOS).

Jail staff members have reported seeing Casey and her attorney, Jose Baez, hugging, holding hands or sitting very close to each other. Baez reportedly was warned on two different occasions not to hug Casey.

According to an internal email, a jail staff member wrote, &#8220;I spoke with Mr. Baez concerning his continued physical contact (hugging) of his client."

The jail does not allow contact between inmates and others for security purposes.

Officials say Baez apologized the first time he was warned and said he wasn't aware of the rules. Baez reportedly told officers he was upset as he hugs all his clients. The jail email went on to say that Baez "would hate for a brief to be filed in order to correct this."

According to WFTV, the complaint with the Florida Bar was filed by an out-of-state woman who read about the hugging incidents online and felt Baez had overstepped.

Baez could have his license revoked if the Bar decides his conduct was inappropriate, but such action is rare in a case like this.

Caylee Anthony disappeared in June and has not been found.

After reading that out of state part, I am scratching my head. I thought the complaint would need to be made by a resident of the state the attorney practiced.