Sophieandme
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Can a new rebuttal witness be announced at this point in the trial? If so, does the defense depose them while the trial is ongoing?
TIA!
TIA!
How is it possible to find an impartial jury in a high profile case like this or that of CA? I mean I KNOW that there can be a change of venue, but come on, this has been national news for at least a year now. I am sure it was local news for the many years before being picked up by the TH's.
Criminal trial lawyer.....would you rather.....defense of prosecutor? Advantages/disadvantages?
And, as a personal opinion, based on what you have seen of AZ v. JA, If you had to GUESS, based on what you know on the history of juries in DP cases, not to mention, pretty mousy women, who will prevail?
Can a new rebuttal witness be announced at this point in the trial? If so, does the defense depose them while the trial is ongoing?
TIA!
The Finger debate question: Can JM ask the court to order JA to have her finger x-rayed? I am assuming JM didn't know she was going to say TA broke her finger so if that is new "evidence" the DT is throwing in can't JM say "OK, let's get that finger x-rayed."?
Why did the Judge admit the defense's cut up/text version of the sex tape? How prejudiced is that against the victim? I can't believe it!
Unless the defense had a medical expert come in and testify as to the nature of the injury and how it was sustained I do not believe that the prosecution could compel her to undergo medical testing. If she produced and expert the prosecution would have the right to review both the expert's findings and the tests or examination findings that formed the basis of that opinion including any x-rays. The prosecution can point out that nobody can confirm how she sustained the injury except the defendant herself.
is it true the evidence has not been presented yet? if so, there is a long way to go yet. will the prosecution have the experts testify about the crime scene?
Lots of evidence has been presented, including all the crime scene experts. Some evidence, I'm sure, has not. The prosecution has rested, which means they think they have finished proving their case. The defense has not rested. I'm not sure if they will have more witnesses after Jodi; we'll have to wait and see. The prosecution then gets to present evidence rebutting the defense's case.
"Felony murder" gets you a first-degree murder conviction without the need to prove premeditation. It applies where a murder takes place in the course of committing another felony. In the indictment, the felony that was listed as the basis for the felony murder charge was 2nd degree burglary, based on Jodi entering TA's home without permission or remaining there after she was no longer a welcome guest with the intent to commit another felony. I think JM said in argument that the other felony she intended to commit was aggravated assault? But I'm not sure.
The Doctrine of Completeness....
So no recross, but the Doctrine of Completeness comes to play now according to TH's. Does this essentially mean that a recross IS in our future?
So will JM get the opportunity to re-cross after Nurmi is done with re-direct? I have seen posts saying he can and more saying JM cannot speak with her again when Nurmi is done with her. Sorry if this has been answered already, I haven't been able to find it...
Doesn't that make all murders "felony murders"? Isn't anybody "unwelcome" once s/he starts committing a crime? Can you kill someone without assaulting him?
This sort of reminds me of how California prosecutors turned "three strikes" into "one strike" by filing multiple felony counts for a single act.
Here I am. Again. I do try to get anwers on google before I ask them here lol.
My question: Can a couple of jurors go for for premeditated murder and a couple with felony murder? Can 6 go for PM and 6 for FM with end result being = guilty of murder in the first degree?
Thank you!
It is a little circular in this case for sure, at least the way it's been presented by the state. Of course, not all murders take place in the defendant's home, so second degree burglary doesn't always apply. Still, it's a little odd.
Personally, I would have said that the felony underlying the second degree burglary (i.e., the reason she entered/remained in the home) was kidnapping or extortion. In other words, I would have said, OK, either (1) she went there with the intent to kill him (premed. murder) or, (2) in the alternative, she went there with the intent of holding him against his will at gunpoint and forcing him to agree to something (Cancun?) with the threat of revealing sex tapes, etc., if he didn't agree, and the gun went off by "accident" (felony murder).
JM did say that the felony underlying the burglary would have been aggravated assault, which would apply if TA was held at gunpoint/knifepoint as I mentioned above, but he keeps saying that the assault was the "attack" rather than the threat. Once you prove an intentional attack involving a gunshot to the head, a stab wound to the heart, or a slit throat, you might as well just prove premeditated murder IMO.