Jodi Arias Legal Question and Answer Thread *no discussion*

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tinkabella said:
can travis' family address wilmott and nurmi during the victim impact statements? I'm sure they have a few choice words for the mouthpiece's that helped Jodi trash Travis' legacy/reputation during this trial. I would hold back nothing.

Is there a time limit on victim impact statements?

How many people are allowed to give statements? With all of the love and friends travis had I can see this going on for about a week.

Are you allowed to call the defendant names (character assasination) during impact statements? I would have no problem with her character being assassinated during the VIS...Especially when every single word is the TRUTH!
Click to expand...

Unless something has changed since the last time I looked at this issue, victims in a capital case in AZ cannot comment on the defendant's character or on defense counsel.

There is no set time limit or number of people, but the judge needs to be careful not to allow a lot of repetitive information that might invite a sympathy verdict.
 
JusticeJunkie said:
Truth Detector *tried* to explain this to me, but I don't understand. The possible split vote of premeditation/felony murder. Foreman must keep count of each. It has to do with the Enmund/Tison requirement, but I don't understand.
Here's the link for the AZ Enmund/Teson:

http://www.supremecourt.az.gov/courtserv/CRTPROJ/capsentguid/TisonReq.htm


TIA - NORMAL language, please!! lol
Click to expand...

The Edmund/Tison issue doesn't arise here--that has to do with a defendant who didn't (or maybe didn't) actually personally kill the victim. Here, Jodi has admitted she was the one and only person who actually killed Travis.
 
francie said:
Can Arizona/Maricopa seize all or part of the donations JA receives in her jail account since taxpayers are picking up tab for her trial? Thank you~
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No, but if the family is awarded restitution for, e.g., funeral and travel expenses, they might get that money. :)
 
AZlawyer said:
Assuming a verdict of Murder 1, there would first be an "aggravation phase," in which the jury would determine whether JA is eligible for the death penalty. In this case, the only issue for that phase would be whether the murder was "cruel," which concerns physical and mental suffering of the victim. This will be a mini-trial before the jury, with the state presenting a case in chief, the defense presenting its case, and then the state presenting rebuttal, and mini-closing arguments. This might last only a couple of days.

Then there would be a phase to consider life vs. death. Again, this is a mini-trial before the jury. This phase is for the defense to present mitigating evidence and for the state to rebut that evidence (including through victim statements from the family). This might last a couple of weeks.

The jury makes the decisions.
Click to expand...

Your answer spawned another question!! When the DT is presenting it's case in any parts of the rest of the trial, to argue effectively, does that mean they'd have to admit JA's guilt to have a reasonable argument? If that happened, how would that effect the appeal?

Thanks in advance for all attorneys here willing to help us understand. :rockon:
 
AZlawyer said:
The Edmund/Tison issue doesn't arise here--that has to do with a defendant who didn't (or maybe didn't) actually personally kill the victim. Here, Jodi has admitted she was the one and only person who actually killed Travis.
Click to expand...
Thanks - but............. lol
My original question on the main thread was: why does the jury foreman need to keep track of who votes for premeditation, who for felony murder, and who both - (which I didn't even realize was possible).
Why does the split count matter - and will it effect anything in the rest of the trial?
If it doesn't matter, why keep track of who votes for what?
 
question:

do you wonderful lawyers know how long of a break there will be between the verdict and the penalty phase?

(can you tell I already an just figuring the jury will bet it right? hahahahaha)
 
I apologize if its already been asked and answered, but wondering what "death penalty qualified" actually means. Is it more than that they answered affirmatively when asked if they'd be able to give it if the elements of the crime fit that punishment?

Thanks in advance
 
nursebeeme said:
question:

do you wonderful lawyers know how long of a break there will be between the verdict and the penalty phase?

(can you tell I already an just figuring the jury will bet it right? hahahahaha)
Click to expand...

I asked that upthread, and AZlawyer said if there is a penalty phase, it should start fairly soon. I was thinking the DT might ask for more time to prepare.

Of interest, Wendi Andriano's (death row AZ inmate) sentencing was a month after her trial, according to an article. Not sure if that included the penalty phase, from the way it was worded.

The article also said that since AZ law changed and juries can decide death, more convicted criminals have been sentenced to death than when judges decided. IIRC, the article quoted 15% were sentenced to death by judges, as opposed to 78% since the law changed. I'll try to find the article and link it here.

Here's the link:

http://www.nlada.org/DMS/Documents/1106668066.47/0124deathjurors24.html
 
Any of the attorneys have an educated guess on why the family didn't file a civil suit within the SOL?
 
IF the jury decides premeditation or M1, during the aggravation phase, can the prosecution introduce to new evidence and can you elaborate on what actually goes on during this phase? TIA
 
Thank you, AZLawyer ! It's really great to have you here answering our questions and helping us sort this all out.
 
after the sentence will the court release stuff from closed hearings like the magazines and that court hearing that went along with that ..or is everything sealed because of appeals. thank you
 
The latest minute entry by the Defense is for the Office of Public Defense to pay Maria for 100 hours during the Guilt Phase of the Trial.

MINUTE ENTRY
The court has conferred with a representative from the Office of Public Defense.
Based upon information provided by the Office of Public Defense and at the sealed
hearing,
IT IS ORDERED the Office of Public Defense shall pay the mitigation specialist, Maria
De La Rosa, compensation for 100 hours of services rendered during the guilt phase of the trial.
This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp.
Attorneys are encouraged to review Supreme Court Administrative Order 2011-140 to determine
their mandatory participation in eFiling through AZTurboCourt.

Have any of you observed Maria much? I was wondering your thoughts on her
http://www.courtminutes.maricopa.gov/docs/Criminal/052013/m5750389.pdf

ETA And is it always called the guilt phase post verdict?
 
Are the laws different for Supreme court cases? I found this:

Requests for particular exhibits or partial read backs of transcripts generally ought to be met. Since the jurors are the decision-makers, they ought to have the right to decide what evidence they need to rehear, and that decision ought to be respected. However, the judge should inform the jurors that the meeting of their request does not mean the judge feels one way or the other about the exhibit or particular testimony, and that they should consider all of the evidence in the case in making their decision
********************************************

and wondered if the supreme court would honor it, why wouldn't JS?
I really hope the jurors ARE able to visit past testimony, either by transcript, or audio tape.
 
How do they handle Jodi during deliberations? Does she have to be brought to the courthouse every day and sit it out in a cell?
 
ty for your help legal eagles! are there any legal or ethical ramifications for nurmi lying in his closing arguements saying jodi didn't return the gas can to the same wal mart - contrary to her testimony?
 
Hi...regarding the alternate jurors (10, 15 & 17)...is there a way to find out which side selected them, Prosecutor or Defense?
 
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