Legal Q&A Thread for R Hornsby

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]Please don't get me started on appellate issues!!!!
[/B]
Unless this case results in a plea (which would require a waiver of appellate claims), I would bet my last dollar that an appellate court would reverse this case - if not on direct appeal, on collateral appeal for ineffective assistance of counsel (Google Rule 3.850 Motion).

BBM

If you are so sure of this, could this be the Mastermind behind Baez and the Dream Team, garnering as much exposure, press, ( Biggest case since O.J.) limelight, etc., even KC, biding her time, knowing it's just a matter of time, but in the end, she walks and everyone has cashed in big time??
 
]Please don't get me started on appellate issues!!!!
[/B]
Unless this case results in a plea (which would require a waiver of appellate claims), I would bet my last dollar that an appellate court would reverse this case - if not on direct appeal, on collateral appeal for ineffective assistance of counsel (Google Rule 3.850 Motion).

BBM

If you are so sure of this, could this be the Mastermind behind Baez and the Dream Team, garnering as much exposure, press, ( Biggest case since O.J.) limelight, etc., even KC, biding her time, knowing it's just a matter of time, but in the end, she walks and everyone has cashed in big time??
You give stupid people way too much credit.
 
:floorlaugh:

I said this in a post long ago.........JB is either a "babbling idiot" or a "genius". I may have misquoted myself, but I will forgive any differences in semantics as the sentiment remains unchanged. That said......why else do you suppose that the SA and SS are attempting to make every effort to demonstrate that they are giving KC every allowance possible? Look...IMO, JB is worthy of any number of his nicknames, and much of his behavior IN the court room is nothing short of laughable and at times disrespectful. BUT, with the support of such high profile expert attorneys on board (TM hired to reconstruct an accident if needed, LKB to argue the importance of investigsative bench notes and to discredit forensic reports based on technicalities or junk science, AL to introduce alternative theories for the purpose of saving a life....). While I am NOT an attorney, don't claim to be brilliant, but do have "COMMON SENSE", I can see that they are leaving a door open to argue innefective counsel down the road. Will they get it? Perhaps........but I think that it is less likely than an ordinary FL. citizen with a normal defense team of one or at best, few, being granted it based on that argument. While I remain firm in my opinion, I also have to recognize that there are many variables and unknowns that both sides can use to their advantage. Some now.....some later. Only time will tell.
 
I said this in a post long ago.........JB is either a "babbling idiot" or a "genius". I may have misquoted myself, but I will forgive any differences in semantics as the sentiment remains unchanged. That said......why else do you suppose that the SA and SS are attempting to make every effort to demonstrate that they are giving KC every allowance possible? Look...IMO, JB is worthy of any number of his nicknames, and much of his behavior IN the court room is nothing short of laughable and at times disrespectful. BUT, with the support of such high profile expert attorneys on board (TM hired to reconstruct an accident if needed, LKB to argue the importance of investigsative bench notes and to discredit forensic reports based on technicalities or junk science, AL to introduce alternative theories for the purpose of saving a life....). While I am NOT an attorney, don't claim to be brilliant, but do have "COMMON SENSE", I can see that they are leaving a door open to argue innefective counsel down the road. Will they get it? Perhaps........but I think that it is less likely than an ordinary FL. citizen with a normal defense team of one or at best, few, being granted it based on that argument. While I remain firm in my opinion, I also have to recognize that there are many variables and unknowns that both sides can use to their advantage. Some now.....some later. Only time will tell.

I certainly agree.
I have been back and forth with the reason's for whom Baez has chosen..
Mostly, I think it all has to do with the media exposure and not exactly anything to do with "defending" Casey. A few of these attorneys are releasing books right now, I think that plays a part as well..
We will see in the near future and regardless of the outcome, I still think Baez will be a nobody when all of it is said and done..
 
Why? On this particular issue, the law is clear. It matters not if formal charges were not initiated or if the arrest record was expunged - it does not erase what was actually alleged by Ms. Kerley.

So while I appreciate the concern for me to speak about this issue, I am on firm legal ground with my opinion.

As a side note, under Florida law, if there was a plea to an offense; even if you have the case sealed or expunged, it can still be counted against you on your scoresheet.

I'm not arguing law with you here. What matters to me is your job title.. yet you still label this dude. I'd expect those types of remarks from a prosecuting attorney but from a defense attorney?

I'm just gonna let it go, it has nothing to do with this case anyway.
 
If you are so sure of this, could this be the Mastermind behind Baez and the Dream Team, garnering as much exposure, press, ( Biggest case since O.J.) limelight, etc., even KC, biding her time, knowing it's just a matter of time, but in the end, she walks and everyone has cashed in big time??

If reversed, she wouldn't walk, she'd simply get a new trial with a competent attorney. And she'd remain in jail.

Blaise (Um, right?)
 
I said this in a post long ago.........JB is either a "babbling idiot" or a "genius". I may have misquoted myself, but I will forgive any differences in semantics as the sentiment remains unchanged. That said......why else do you suppose that the SA and SS are attempting to make every effort to demonstrate that they are giving KC every allowance possible? Look...IMO, JB is worthy of any number of his nicknames, and much of his behavior IN the court room is nothing short of laughable and at times disrespectful. BUT, with the support of such high profile expert attorneys on board (TM hired to reconstruct an accident if needed, LKB to argue the importance of investigsative bench notes and to discredit forensic reports based on technicalities or junk science, AL to introduce alternative theories for the purpose of saving a life....). While I am NOT an attorney, don't claim to be brilliant, but do have "COMMON SENSE", I can see that they are leaving a door open to argue innefective counsel down the road. Will they get it? Perhaps........but I think that it is less likely than an ordinary FL. citizen with a normal defense team of one or at best, few, being granted it based on that argument. While I remain firm in my opinion, I also have to recognize that there are many variables and unknowns that both sides can use to their advantage. Some now.....some later. Only time will tell.

Just like Casey pulls cons, so does he. They are a perfect match, IMO! I can't wait to see her reaction when she finally figures out SHE'S been conned all this time by JoseB.
 
Not a good answer!!

When there is that much $$$$$ at stake, stupid has nothing to do with it:waitasec:

Sorry, I have to quote forest Gump here...

Stupid is as stupid does...

But I do have to add a comment.

I would much rather be stupid, as stupid cannot learn.... (no fault of their own.)

Much worse is to be ignorant, as ignorant refuses to learn. (emphasis on refuses)

So is Baez stupid? I think not.

Is he ignorant? a resounding yes on my part.

ps I'd rather be known as unable to learn than to have people say I refuse to learn (so call me stupid)
 
Regarding Voir Dire in KC's case(s)......while discouraged......defense counsel may "further investigate" jurors that have been pooled when selecting the jury. I do not speak for Tricia, nor do I speak for or represent the opinions of Websleuths. That said.....I would bet a years salary that this site will receive a subpoena for information that will enable the defense team to "weed out" any members as jurors. My question for RHornsby......how specific would that subpoena need to be to both satisfy the requests of defense counsel AND protect the identity or opinion of active members on this site? Would a jury have to be seated prior to asking for IP info and posts attributed to specific members? I read through the proposed Voir Dire submitted by AL and found MANY questions to be invasive, unrelated, and nothing short of digging for dirt. While I am an upstanding citizen, there are questions even I would refuse to answer.
 
But even though you feel they may not get a murder1 conviction, and in light of the fact she still thinks she can use the nanny story and did not report the child missing for 31 days and then proceeded to lie and lie and lie and not help find the child at all do you feel she will be convicted of at least the manslaughter charges?
 
But even though you feel they may not get a murder1 conviction, and in light of the fact she still thinks she can use the nanny story and did not report the child missing for 31 days and then proceeded to lie and lie and lie and not help find the child at all do you feel she will be convicted of at least the manslaughter charges?

I still feel that she will be charged with murder in the 1st degree.
EVen though most of the evidence is circumstantial, it doesn't take a genius to figure it all out.
I am one of those also who firmly believe that even a juror can lie there way through a jury selection. Unless they are hooking these people up to lie detectors, there is no way of knowing just how qualified they are to be on a jury. These people will use their common sense.
She will be convicted..
I see her getting LWOP myself, even though I agree with death on a case involving the murder of any child.
 
I am posting for my own selfish reasons, it allows me to discuss legal aspects of the case that I think interesting and to answer other people's question.

I actually do this type of thing a lot. If you visit the following page (http://www.richardhornsby.com/resources/index.html) you will find links to AVVO and LawGuru where I answer questions presented by people on their sites about more general legal issues pretty frequently as well.

I have just spent the last week answering questions here instead of there.
Thank you for your reply and one more time let me be clear...and ask one more time.
ARE you being paid by anyone to work on this case? In behalf of Casey to change public opinion?
the reason I ask that is because I do think the state has been doing an awesome job.
I do think that the Anthony's had a huge hand it sabotaging the evidence so that the prosecution will have to deal with much doubt. It is as clear as day that Cindy refused to give a garment so that no body is found till the skeleton has no more story to tell left in it. And we all know that the gas can should have at least had KCs finger prints.
I do not think the state did not do their job, I do think that G&A efed them up from the start. And I never met an attorney with this much time on his hands.
Yes all the evidence points to KC but I always wanted to see a stronger direct link.
SO let see if I can get a direct reply please.
ARE you being paid by anyone to work on this case? In behalf of Casey to change public opinion? YES or NO.I smell an avoidance. Please make me wrong.

Thanks.
 
I still feel that she will be charged with murder in the 1st degree.
EVen though most of the evidence is circumstantial, it doesn't take a genius to figure it all out.
I am one of those also who firmly believe that even a juror can lie there way through a jury selection. Unless they are hooking these people up to lie detectors, there is no way of knowing just how qualified they are to be on a jury. These people will use their common sense.
She will be convicted..
I see her getting LWOP myself, even though I agree with death on a case involving the murder of any child.

I disagree. I wish, once I thought they could, but I disagree.

again, call me stupid.
 
I still feel that she will be charged with murder in the 1st degree.
EVen though most of the evidence is circumstantial, it doesn't take a genius to figure it all out.
I am one of those also who firmly believe that even a juror can lie there way through a jury selection. Unless they are hooking these people up to lie detectors, there is no way of knowing just how qualified they are to be on a jury. These people will use their common sense.
She will be convicted..
I see her getting LWOP myself, even though I agree with death on a case involving the murder of any child.
I certainly hope you are right.
 
I certainly hope you are right.

Again, I'm guessing she'll only do time on the neglect part. Do I wish it was so? NO

She has what, 9 counts? Time will be served on something other than murder 1. Does that make me do a happy dance? Far from it.
 
Thank you for your reply and one more time let me be clear...and ask one more time.
ARE you being paid by anyone to work on this case? In behalf of Casey to change public opinion?
the reason I ask that is because I do think the state has been doing an awesome job.
I do think that the Anthony's had a huge hand it sabotaging the evidence so that the prosecution will have to deal with much doubt. It is as clear as day that Cindy refused to give a garment so that no body is found till the skeleton has no more story to tell left in it. And we all know that the gas can should have at least had KCs finger prints.
I do not think the state did not do their job, I do think that G&A efed them up from the start. And I never met an attorney with this much time on his hands.
Yes all the evidence points to KC but I always wanted to see a stronger direct link.
SO let see if I can get a direct reply please.
ARE you being paid by anyone to work on this case? In behalf of Casey to change public opinion? YES or NO.I smell an avoidance. Please make me wrong.

Thanks.
No. But with that said, I have drank way to much grey goose as I watch the most boring Steelers Ravens game in all history. So I am going to sleep. Toodles :angel:
 
After reading here all week, I am scared to the depths of my soul that KC will walk and Caylee will never have justice, maybe it dosen't matter to Caylee anymore as she is in the comfort of Gods hands now. I just don't know, maybe justice is for those of us who are left behind to mourn a precious little toddler that we didn't even know and love more then her own family appears to have loved her. If this monster does walk I will forever lose faith in our justice system. I will always believe that KC did murder Caylee even though I have no proof.
Sorry I have gone over board here but I am truely scared.
 
  • I UNEQUIVOCALLY STATE THAT I AM NOT BEING PAID BY ANYONE.
  • I UNEQUIVOCALLY STATE THAT I HAVE NEVER TALKED TO ANY LAWYER WITH THE DEFENSE.
  • I UNEQUIVOCALLY STATE THAT I AM NOT WORKING ON BEHALF OF CASEY TO SWAY PUBLIC OPINION.
Peace and chicken grease :dance:

Thank you for your reply and one more time let me be clear...and ask one more time.
ARE you being paid by anyone to work on this case? In behalf of Casey to change public opinion?
the reason I ask that is because I do think the state has been doing an awesome job.
I do think that the Anthony's had a huge hand it sabotaging the evidence so that the prosecution will have to deal with much doubt. It is as clear as day that Cindy refused to give a garment so that no body is found till the skeleton has no more story to tell left in it. And we all know that the gas can should have at least had KCs finger prints.
I do not think the state did not do their job, I do think that G&A efed them up from the start. And I never met an attorney with this much time on his hands.
Yes all the evidence points to KC but I always wanted to see a stronger direct link.
SO let see if I can get a direct reply please.
ARE you being paid by anyone to work on this case? In behalf of Casey to change public opinion? YES or NO.I smell an avoidance. Please make me wrong.

Thanks.
Does this help?
 
RH, everyone is focused on the murder1. I think that''s a long shot, unless they build the neglect up to it. what about the other charges?

tell us what you think of the other chaarge, and how they play into this.

I know you want to do short concise answers, but I think this deserves attention.
 
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