Legal Q&A Thread for R Hornsby

[JBean]

no. "homicide of undetermined means"

Homicide is manner of death not cause of death.

 

[cecybeans]

I think you mean Huck?
But the ME has not stated a COD with any certainty at this point, I don't think.
Also remember that in the Huck case the charge was Felony murder not Premeditated murder IIRC.

True, but felony murder is an LIO here, (which also has DP for sentencing) as well as the fact that Huck could be cited and introduced as an indication of premeditation.

 

[JBean]

True, but felony murder is an LIO here, (which also has DP for sentencing) as well as the fact that Huck could be cited and introduced as an indication of premeditation.

Felony murder would not be considered an LIO as it is not a lesser offense.
But let's try and leave this open for questions for Hornsby.

 

[RR0004]

That is basically called Felony Murder. So since it is Aggravated Child Abuse to torture, disfigure, or injure a child; it can be enhanced to First Degree Murder because it is assumed that the possibility of death was foreseeable when the underlying felony was committed.

I guess I'm not really understanding all this...still.

ETA: see above post

 

[whats the punch line]

Ahhh, RH you still haven't discussed Mr. Baez Voire dire motion...

It's been filed. Go? No Go?

Ramifications? To which side?

I think it's important because granting it means one on one with the potential twelve.

Do you think it was a Lyons or a Baden move?

Was it a smart move?

 

[whats the punch line]

Ahead of time, I'm gonna admit this is a bad, bad question.

RH, What do you think of this? Or more specifically, an attorney with this background?

http://www.floridasupremecourt.org/decisions/pre2004/ops/sc95855.pdf

I wasted a really good glass of Rabbit Ridge Sangiovese while reading it.

 

[TakeNote]

Would you mind explaining the piece of Florida law that says (summarized) that if a child is murdered while committing aggravated child abuse, the perp can be sentenced Murder 1? This is sticking in at least my mind (and I know others also.) Are we misunderstanding this piece of FL law? Could you briefly explain how this may relate to Casey? Thanks!

That is basically called Felony Murder. So since it is Aggravated Child Abuse to torture, disfigure, or injure a child; it can be enhanced to First Degree Murder because it is assumed that the possibility of death was foreseeable when the underlying felony was committed.

So are you saying that currently there is not enough evidence in the public to prove Aggravated Child Abuse, so therefore First Degree Murder is not applicable?

I understand, that we do not have all the evidence as of now, so you can't answer as to the possible outcome of the trial. I guess I am just asking without a confession, eye witness or very strong circumstantial evidence, at this point we don't truly even have Aggravated Child Abuse?

You said it - I just happen to agree... For now.

what do you think the state had before caylee's body was found? before the (duct tape) to be able to charge her with first degree muder?

thank you for letting us ask questions

i know someone asked this already....ive read back and didnt see it had been answered yet.....if it has......:blushing:

 

[Tricia]

OK, Here is the deal.

Mr. Hornsby was nice enough to step into Websleuths.com and take the heat.

Someone said to me the reason people are so mad on this thread is because Mr. Hornsby is pointing out the weaknesses in the Prosecution's case. I agree with that assessment.

I think Casey Anthony is guilty but you know what? I am leaning toward being a not guilty verdict at trial because of what Mr. Hornsby is pointing out. If I had to bet any money it would be that Casey Anthony will be found not guilty. Makes me mad just thinking about it but IMO that's what will happen.

As you can tell we have let a lot to TOS situations go by. We did this because we wanted Mr. Hornsby to feel comfortable and not have to worry. As you can see he speaks his mind.

SO, if you are getting mad you can leave the thread. You do not have to be here. Turn off the computer and let it go. BUT, if you want to be here please keep in mind that Mr. Hornsby is pointing out all the weaknesses in the case. That's all. It's not his fault.

Ok, carry on.

Tricia

 

[whats the punch line]

OK, Here is the deal.

Mr. Hornsby was nice enough to step into Websleuths.com and take the heat.

Someone said to me the reason people are so mad on this thread is because Mr. Hornsby is pointing out the weaknesses in the Prosecution's case. I agree with that assessment.

I think Casey Anthony is guilty but you know what? I am leaning toward being a not guilty verdict at trial because of what Mr. Hornsby is pointing out. If I had to bet any money it would be that Casey Anthony will be found not guilty. Makes me mad just thinking about it but IMO that's what will happen.

As you can tell we have let a lot to TOS situations go by. We did this because we wanted Mr. Hornsby to feel comfortable and not have to worry. As you can see he speaks his mind.

SO, if you are getting mad you can leave the thread. You do not have to be here. Turn off the computer and let it go. BUT, if you want to be here please keep in mind that Mr. Hornsby is pointing out all the weaknesses in the case. That's all. It's not his fault.

Ok, carry on.

Tricia

Unfortunately, I think she'll do time on the check fraud case. No more, no less.

I think she is guilty of something else, but there is no smoking gun (yet?).

Hopefully check fraud will get her at least 10 if not more years.

Sadly, I just don't think the State has enough.

Which leads to double jeopardy... If they do find a smoking gun..... What happens?

 

[RR0004]

I agree that he's pointing out weaknesses...and fully appreciate that. I'm not feeling one way or another about that 'cause it's his opinion. Just something tells me there's no way Casey will walk. I'd really like to know what were in the last docs (not a whole lot of pages) submitted to the defense that we've yet to see. Where's a MM when you need him?

 

[whats the punch line]

I agree that he's pointing out weaknesses...and fully appreciate that. I'm not feeling one way or another about that 'cause it's his opinion. Just something tells me there's no way Casey will walk. I'd really like to know what were in the last docs (not a whole lot of pages) submitted to the defense that we've yet to see. Where's a MM when you need him?

I thinks she did something.

Do I think the State can prove it? No.

I think (hope) she'll do time on the check fraud. That can be proven.

Felony 1st degree? I don't think they can prove it, as much I would like to see it.

This is coming from a layman, former data analyst, no more, no less.

 

[TakeNote]

I agree that he's pointing out weaknesses...and fully appreciate that. I'm not feeling one way or another about that 'cause it's his opinion. Just something tells me there's no way Casey will walk. I'd really like to know what were in the last docs (not a whole lot of pages) submitted to the defense that we've yet to see. Where's a MM when you need him?

thank you.....i have been writting and then deleting trying to say what you just said......state had first degree murder even before the body was found with the duct tape......i dont think we have seen what that was for state to charge her with first degree murder....

 

[robotdog]

all of this guessing is simply premature,

we have not heard all the evidence, for any of us to say what they think the outcome of the trial is a bit much at this time....

i say, dont worry grasshoppers

more evidence to come


but if someone were to ask me... i would say she will be found ABSOLUTLEY
GUILTY

 

[Snaz]

I'm sorry, but I still believe the State has a very strong case, albeit circumstantial (as far as we know), against KC. I just don't believe in my heart that a jury of 12 sane people would allow this woman to walk away from a murder charge when it is SO obvious she killed her daughter. Many a criminal has been convicted on circumstantial evidence alone.

RH may be pointing out the weaknesses in the State's case, but we hear from others that say the case against KC is STRONG. And I also remind myself that we still have not seen all the evidence.

It matters not to me if she gets the DP. It is what she deserves, but as long as she gets LWOP, that will be fine with me.

 

[whats the punch line]

all of this guessing is simply premature,

we have not heard all the evidence, for any of us to say what they think the outcome of the trial is a bit much at this time....

i say, dont worry grasshoppers

more evidence to come

if they had it, they were obligated to release it to Baez...in a specific time frame from receiving it. They haven't. (IMHO)

 

[Wudge]

Unfortunately, I think she'll do time on the check fraud case. No more, no less.

I think she is guilty of something else, but there is no smoking gun (yet?).

Hopefully check fraud will get her at least 10 if not more years.

Sadly, I just don't think the State has enough.

Which leads to double jeopardy... If they do find a smoking gun..... What happens?

If the jury finds Casey not guilty of murder one, aggravated child abuse and manslaughter, jeopardy would attach. Even if a smoking gun were later found that would foreclose on the possibility of another trial.

 

[robotdog]

if they had it, thet were obligated to release it to Baez...in a specific time frame from receiving it. They haven't. (IMHO)

there are things that im sure all of us are not aware of THAT are not "completed" yet

 

[whats the punch line]

If the jury finds Casey not guilty of murder one, aggravated child abuse and manslaughter, jeopardy would attach. Even if a smoking gun were later found that would foreclose on the possibility of another trial.

See? my concern. They have no smoking gun now.

I do not think she will get convicted in the orange county court.

 

[RR0004]

all of this guessing is simply premature,

we have not heard all the evidence, for any of us to say what they think the outcome of the trial is a bit much at this time....

i say, dont worry grasshoppers

more evidence to come


but if someone were to ask me... i would say she will be found ABSOLUTLEY
GUILTY

I feel better now, Robotdog!

 

[whats the punch line]

there are things that im sure all of us are not aware of THAT are not "completed" yet

Personally, I really don't think they have more.

Do I know that for a fact? No.

But I do know thus far, there is no smoking gun.