Jodi Arias Legal Question and Answer Thread *no discussion*

[sassy_texasbelle2]

Will they be able to use the court documents where Jodi stated she would drag Travis and his family through the mud in the penalty phase?

 

[AZlawyer]

Will they be able to use the court documents where Jodi stated she would drag Travis and his family through the mud in the penalty phase?

Only if Jodi presents evidence to the contrary in the mitigation phase, which she won't IMO. The state can only present (1) evidence of cruelty, the sole aggravating factor alleged and (2) rebuttal to whatever evidence Jodi presents in mitigation.

 

[AZlawyer]

I hope you are all on overtime this weekend but also that you had a break!

The JA docket currently shows 4/22/2013 012 - ME: Trial - Party (001) 4/22/2013 under Case Documents but nothing under Court Calendar. A juror had requested a day off tomorrow. There's no filings mentioned before Case Documents and so I was wondering if it's possible the Counsel could be meeting to discuss any outside motions/ issues or even just a continuation of what was discussed on Friday?

"ME" means minute entry, which is just a document explaining what happened that day. I looked up the minute entry for Thursday's trial proceedings, and it is stamped filed 4/22/13 at 8:00 a.m. (apparently these file stamps are not too exact lol). So that's all it is.

 

[AZlawyer]

What process is used to determine the 'final' 12 jurors from the remaining 16 potentials, (assuming there are still 16 at deliberation)? Does either the State or DT have ANY involvement in this process, and if so, can you describe it? e.g. can there be any further interviews or dialogue between the lawyers from either side and the jurors, specific to the decision of deciding the final 12, or eliminating eliminating any at that stage?

Thank you very much, and I apologize if this question has been asked previously, but I have searched and not found it.

It is completely random.

 

[bsk]

Two questions unrelated to each other....

How in a nutshell does surrebuttal work? What would be the typical reason the judge would allow it? For example, if one of the defense witnesses opened the door to introducing new evidence on rebuttal (e.g. the ring), does that affect whether surrebuttal is allowed?

It seems to me that it's a big deal that the ME says the gunshot wound to the head would have immediately incapacitated the victim, and then the defense presented no expert to argue against that. Isn't that tantamount to an admission that what the ME said was true, which makes Jodi's story false? Is it completely on Juan's shoulders to make that argument, or does any instruction from the judge directly or indirectly about (not sure the right way to say it) "unopposed" or "uncontested" testimony help him?

 

[RitzBitz]

Hi Lawyers! Thanks so much for sharing your knowledge with us! Here is my question:
WHEN Jodi is convicted of 1st degree, is it true that if she gets death that it is an automatic appeal and that the cost for the appeal and new lawyers is on the tax payers? If she were to get LWOP would she then have to file for appeal and who pays for that and her attorneys?

Thank you so much!

 

[Jax49]

In the police interview with JA's mother, she says Jodi said she has gas receipts to prove she wasn't in Arizona. To me this reeks of premeditation. Is there anyway for this to be admitted as evidence by the prosecution?

TIA and thanks for all the great answers posted here.

 

[AZlawyer]

In the police interview with JA's mother, she says Jodi said she has gas receipts to prove she wasn't in Arizona. To me this reeks of premeditation. Is there anyway for this to be admitted as evidence by the prosecution?

TIA and thanks for all the great answers posted here.

The prosecutor could choose to call Jodi's mother to the stand to ask about that, and the tape could be used if she didn't answer the same way in person.

 

[AZlawyer]

Hi Lawyers! Thanks so much for sharing your knowledge with us! Here is my question:
WHEN Jodi is convicted of 1st degree, is it true that if she gets death that it is an automatic appeal and that the cost for the appeal and new lawyers is on the tax payers? If she were to get LWOP would she then have to file for appeal and who pays for that and her attorneys?

Thank you so much!

Yes, there would be an automatic appeal if she gets the death penalty; if not, she (well, her lawyers) will have to file the appeal. Either way, the taxpayers will pay for it.

 

[AZlawyer]

Two questions unrelated to each other....

How in a nutshell does surrebuttal work? What would be the typical reason the judge would allow it? For example, if one of the defense witnesses opened the door to introducing new evidence on rebuttal (e.g. the ring), does that affect whether surrebuttal is allowed?

It seems to me that it's a big deal that the ME says the gunshot wound to the head would have immediately incapacitated the victim, and then the defense presented no expert to argue against that. Isn't that tantamount to an admission that what the ME said was true, which makes Jodi's story false? Is it completely on Juan's shoulders to make that argument, or does any instruction from the judge directly or indirectly about (not sure the right way to say it) "unopposed" or "uncontested" testimony help him?

The reason for sur-rebuttal would be if something new comes up on rebuttal that can't be handled on cross. I suppose Dr. DeM mentioning the stolen ring could be an example, but IMO Jodi doesn't have any evidence to rebut that information. She could get on the stand in sur-rebuttal to say that she didn't take the ring, but I doubt she wants to go through another JM cross-examination.

The jury is free to disbelieve testimony even if it is not countered by other testimony. The attorneys can use cross-examination and argument to try to cast doubt on the ME's testimony.

 

[Bluewater_Girl]

I guess the DT has requested presenting a surrebuttal witness, as well as jury instructions. If allowed, who knows how long the DT will drag this out!

4/22/2013 012 - ME: Trial - Party (001) 4/22/2013
4/22/2013 REQ - Request - Party (001) 4/22/2013
NOTE: REQUEST FOR SURREBUTTAL TESTIMONY AND NOTICE OF SURREBUTTAL WITNESS
4/21/2013 RJI - Request for Jury Instructions - Party (001) 4/22/2013
NOTE: DEFENDANT'S REQUESTED JURY INSTRUCTIONS

 

[FrvrShl]

Is it true that the judge decides if the defense gets to have a surrebuttal? I heard that Nurmi filed requesting one this weekend? I read above where you said that it would be if something came up that couldn't be handled in cross, (ie., the ring), but I think that the defense could very well have asked Dr. D about that at the time couldn't she?
The only thing I would think they would want to surrebutt is the diagnosis Dr. D gave because it totally ruled out the PTSD and I think they really need that to save her life. What do you think? Thanks for answering and your hard work!

 

[redbud]

I have a question for the lawyers about the jury instructions. What are these and why would these come from the Defense? Wouldn't these come from The State who issued the charges or the Judge?

 

[Love Never Fails]

Since the surrebuttal is an expert witness to refute Dr. deMarte's testimony of BPD, can the judge allow the surrebuttal but deny the new witness? (i just read on the main thread the name of the Psychologist that the defense is asking to bring in to refute Dr. deMarte's testimony.)

If she allows another expert, this case could go on for months!

 

[bsk]

On a related note to several questions above but with a twist.... I believe DeMarte provided a report to both parties prior to trial. If in that report she stated that she believed JA had BPD, then wouldn't the defense have needed to address that with their original experts? "And why in your expert opinion is this not some other disorder, such as BPD for example?" This is certainly not a surprise if they knew this was her finding. If her report did not include that then maybe it's a different story.

 

[G&AMom]

I apologize if this has already been asked and answered :floorlaugh: but what is the difference between Self-Defense and Heat of the Moment (or whatever it is)?

I was thinking maybe they could bring up this new defense because of something that one of the witnesses, such as Dr. DeMarte, said. But they seem mutually exclusive to me.

 

[Nhic]

At this late stage in the trial, how is it the defense can request to put a new witness on the stand, considering this case has been all over the international media? Unless that new witness lives in a cave on Mars, the odds of him not seeing any media coverage are slim to none and slim left town months ago. TIA

 

[MeeBee]

This is crazy. The DT, realizing their two experts failed miserably are trying to bring in an 11th hour expert for a do-over under the guise of surrebuttal. What do you think? Will the judge allow this? At some point doesn't the judge have to put her foot down and say enough? They've had two experts and two chances to cross Demarte. How could they possibly get a surrebuttal? I see Juan has objected to it. Do you think she will sustain it?

 

[Sophieandme]

Doesn't the DT have to get prior approval for funds required to pay an expert witness, since the defendant is indigent?

If so, how could they "hire" an expert witness without the surrebuttal being granted?

 

[Sophieandme]

Regarding the possibility of surrebuttal:

While I've been thinking that Dr. DeMarte's dx of BPD is not new info to the Defense, therefore they should not be allowed a surrebuttal...is the issue at hand is that the jury did not hear this dx until the State's rebuttal?

If so, how does the Defense expert Dr. Samuels dx of a nonspecified personality disorder (during Juan's cross exam) play into this issue of surrebuttal?

TIA!