Jodi Arias Legal Question and Answer Thread *no discussion*

[MistyM]

may i ask if a defense attorney goes into a trial with a defendant and realizes during the trial that they were duped, or lied to, and change their mind about the innocence or guilt of the defendant, are they to continue representing them against their belief, or can they leave. and if they leave would that cause a mistrial?

 

[Smelly Squirrel]

Jodi spoke audibly out loud "sustained" at one point yesterday.

Jodi Arias rolls eyes at Juan Martinez. Trial Day 43 - YouTube

Is speaking out like that allowed?

 

[Arabian Girl]

If they outcome is something other than guilty, I'm wondering if any federal charges of any kind could be possible?

Thanks VERY much.

 

[minor4th]

Mr. Martinez wants ALV to hear his hypothetical scenarios and answer his hypothetical questions. Is is common for attorneys to ask the witness to imagine a hypothetical scenario?

I don't like it. Hypothetically speaking, if I were on this jury, I would feel as if Mr. Martinez is trying to confuse me.

Thank you.

It's very common, and in this case it's a very effective way for Juan to get the witness to answer questions about Jodi's own testimony that this witness did not hear. it's presented to the witness as a hypothetical because the prosecutor can't "testify" or actually recite Jodi's testimony so he asks the witness to assume that Jodi said x,y, and z -- which the jury knows Jodi did actually say.

 

[sysmanager1963]

It's very common, and in this case it's a very effective way for Juan to get the witness to answer questions about Jodi's own testimony that this witness did not hear. it's presented to the witness as a hypothetical because the prosecutor can't "testify" or actually recite Jodi's testimony so he asks the witness to assume that Jodi said x,y, and z -- which the jury knows Jodi did actually say.

And didn't the defense hypothetically speak about Travis as a child???

 

[R.U.Kidding!]

Question:

In yesterdays cross, JM asked LV if she was aware of a certain statement.

LV responded by saying (paraphrased)--she may not have since there are often restrictions put on what she is allowed to use to evaluate a case.

That can't mean a DT is allowed to only give statements and information (verbal and written) on what THEY the DT deems pertinent to their case, can it?

If that is so how could a DE make a reasonable evaluation of a clients issues if they are only given materials that are tilted in favor of the Legal Team who hired her.

 

[AZlawyer]

may i ask if a defense attorney goes into a trial with a defendant and realizes during the trial that they were duped, or lied to, and change their mind about the innocence or guilt of the defendant, are they to continue representing them against their belief, or can they leave. and if they leave would that cause a mistrial?

I would imagine that most defense attorneys are used to representing people they believe to be guilty. But no, they would not be permitted to withdraw for that reason if they are court-appointed. Even if they had been privately retained, they could not withdraw for that reason in the middle of trial.

Jodi spoke audibly out loud "sustained" at one point yesterday.

Jodi Arias rolls eyes at Juan Martinez. Trial Day 43 - YouTube

Is speaking out like that allowed?

Obviously not. Thanks for posting that--I can't believe she did that.

If they outcome is something other than guilty, I'm wondering if any federal charges of any kind could be possible?

Thanks VERY much.

There is nothing that would trigger federal jurisdiction here IMO. I don't think traveling from another state to commit the murder would be enough.

And didn't the defense hypothetically speak about Travis as a child???

Yes.

Question:

In yesterdays cross, JM asked LV if she was aware of a certain statement.

LV responded by saying (paraphrased)--she may not have since there are often restrictions put on what she is allowed to use to evaluate a case.

That can't mean a DT is allowed to only give statements and information (verbal and written) on what THEY the DT deems pertinent to their case, can it?

If that is so how could a DE make a reasonable evaluation of a clients issues if they are only given materials that are tilted in favor of the Legal Team who hired her.

The defense can give her as much or as little as they choose, but if you don't tell your expert the "bad stuff," you risk having them look like fools on the witness stand.

Maybe this selective presentation of the evidence was the only way the defense could find an expert at all.

 

[DebbieDaily]

My question is in regards to the 1.4 million Jodi's defense is costing. Does the state of Arizona foot this type of bill for every indigent person for their defense? It seems outrageous that the people of Arizona have to foot this type of bill and not have a monetary limit. Jodi is receiving a defense that the average working person cannot afford.

I understand that this is a death penalty case, but are there no limits or the sky is the limit?

 

[AZlawyer]

My question is in regards to the 1.4 million Jodi's defense is costing. Does the state of Arizona foot this type of bill for every indigent person for their defense? It seems outrageous that the people of Arizona have to foot this type of bill and not have a monetary limit. Jodi is receiving a defense that the average working person cannot afford.

I understand that this is a death penalty case, but are there no limits or the sky is the limit?

The limit is whatever she needs to reasonably defend herself. In a death penalty case, that's quite a lot. There is no specific $ limit, although the rates paid to lawyers, etc., are certainly below market rate.

 

[scorpio24]

My question relates specifically to Dr. Samuels and ALV. Since these experts have been, for lack of a better term, THROTTLED on the stand, if there IS a penalty phase, would the DT bring them back? Or would they look for a new set of experts since their credibility is shot?

 

[tinkabella]

4/10/2013 MOT - Motion - Party (001) 4/10/2013 NOTE: DEFENDANT’S MOTION TO COMPEL; JOURNALS SEIZED FROM MS. ARIAS’ JAIL CELL ON OR ABOUT APRIL 1, 2013

can you explain what this means and who's requesting the defendant to compel the journals..can these journals be used against her in court.?

 

[RitzBitz]

When JM is questioning ALV and she is being combative, he says "Judge, non responsive" and the judge says "sustained". So that means that she is upholding his objection, right? So what does it mean in regards to the testimony? Also, if he impeaches the witness does that just mean he can say in closing arguments that she was impeached and therefore not credible?

 

[twomanywords]

When JM said JA was the worst thing that happened to TA this afternoon, and Nurmi stormed up to the judge for approach can he ask again for a mistrial and could he get one? Thx

 

[clarabloomer]

Is there no limit to the duration of a testimony?

 

[Words2Serve]

Hi, are you able to tell me if JW or KN will be the one to do closing arguments, or will they both have a part?

Also, can an attorney in closing arguments ask or encourage a jury to look at 'specific' items when deliberating, i.e. look at all testimony of where the gun was shot, or count how many different accounts of XYZ, etc.

Thank you.

 

[fran cording]

Do you have a legal question for our verified attorneys? Post them here for an answer. This is a *no discussion/ question and answer thread*

Can anyone tell me when the State/Prosecutor took possession
of all of Jodi Arias' journals?

 

[slanda]

Hi, and thank you to all that has helped clarify important issues-- it is very much appreciated.

My question is: I understand that the lawyers are forbidden to use the word, "Premeditation" -- Why? Is not Premeditation the very Crux of the State's belief and in theory, could not seek the DP without it? Does anyone know why that came about?

 

[dbmoody25]

This morning, when JM was questioning ALV about the conversation where TA mentions he is "exceedingly afraid" of JA because of the stalking behaviours, there were several sidebars. JM said something to the effect of "Judge, I'd like to ask that question we discussed". Then the DT took ALV out during a short recess, and after questioning resumed ALV grudgingly conceded TA was exceedingly afraid of JA's stalking behaviours. What is this all about? What was JM's question? Why did the DT take ALV out during the short recess?

 

[gcharlie]

Yes, I think that's exactly what's happened.

I think the jury will get LIO instructions on both 2nd degree murder and manslaughter. I gave a longer answer about this a few pages back.

Do you know of any 1 degree murder trials in Arizona where the jury did not get instructions for lesser charges?

 

[Pink Panther]

My question is in regards to the 1.4 million Jodi's defense is costing. Does the state of Arizona foot this type of bill for every indigent person for their defense? It seems outrageous that the people of Arizona have to foot this type of bill and not have a monetary limit. Jodi is receiving a defense that the average working person cannot afford.

I understand that this is a death penalty case, but are there no limits or the sky is the limit?

We've moved well beyond 1.4 million since that amount was released. Nurmi, JW, MS, "Expert Witness" cost a minimum of $1,000/hour - even on lunch break I assume. Someone "new" showed up today as well and who knows who is behind the scenes researching and what not.

moo

ETA - Oops, I'm sorry. This is not a discussion thread. I got lost as I follow several threads simultaneously.