In the penalty phase, is there any such thing as prejudicial evidence for the State? In other words, are there limits on what the State can present to counter the mitigating factors argued by the defense?
From my brief research, what I am finding is case law addressing defense failures to present evidence in mitigation which may or may not have been prejudicial. I am finding nothing regarding the State side of things.
TIA
If JSS gives JA LWP, can the state appeal her verdict?
Is there anyplace I can find the new motions that Juan filed on Dec. 22, 2014. Thank you.
My husband is basically suffering with me through this trial in absentia. BUT, he asked me if I thought Stephens was assigned this case because she was female.
NO doubt Judge Ito got the OJ/Brown/Goldman case because of his ethnicity. Just wondered what the local Attorneys think. How are cases divvied up there?
Seems like a leap of faith for some unknown reason.
Super Thanks for ALL you Guys!
Does each side of the case, defense/prosecutor have to disclose EVERYTHING to each side before trial? For example, would the defense have already seen the magazines with the code in them? Or is that what the admitting into evidence thing is for? How much of their whole case do they disclose? Another example that just happened, would the defense have known prior to yesterday that the letter was going to be discussed? I have never watched a case before except this one or the fiction on TV and wondered whether there really is a thing as a Perry Mason moment. Thank you!!!
Hi AZL, thank you for all your help with this trial. If an expert witness has their testimony thrown out, do they still get paid?
Hi AZL. In the previous penalty phase could the other jurors have gone to the judge and said that one juror flatly refused to deliberate (WZ apparently)?
Thank you.
Oh and, seeing as Matt McCartney isn't testifying and he is alive why is nothing anyone is saying he said hearsay? Thanks again.
AZL, first, thank you for all your help during this circus of a trial!
So the Defense has rested their case without JA taking the stand again from her super-secret testimony. Since she wasn't cross-examined, I read on another thread that JSS could label that her allocation or strike it completely. If the former, does she get another time to just opine about book clubs, recycling programs, etc like she did in the first trial penalty phase?
Hi, i'm new here but not to justice for Travis. My question is, in your opinion is J Arias case really a DP case? The reason i'm asking is i'v read that some legal minds say it is not as it is not the worst of the worst (i disagree) having said that i am not a legal person and certainly do not have a legal mind it is just my opinion.With all the lies, premeditated, cruel etc etc surely it is a DP case.
If it is not, why do you think Juan asked for the DP.
Sorry forgot to say hello to everyone here.
Can you tell me what law, Rule, or Decision / Ruling Stephens used as justification to circumvent Federal Law pertaining to the introduction of character evidence by a defendant and the Prosecution then being prohibited from introducing character evidence showing the defendant had the same proclivities.
The character evidence presented by the defense plainly accused TA of being a manipulator and being promiscuous. Stephens denied Juan the opportunity to show that Jodi was the same. This is the evidence that I had in mind. I thought that by law Juan would be able to counter their claims. Thanks for the quick response.