Legal Questions for Our VERIFIED Lawyers #1

[rhornsby]

I have a couple of motions questions ...

are the motions concerning the death penalty and jury instructions being filed for appellate reasons only ?? If that's the case can we assume that means they fully expect to go to trial and do not intend to accept (if any is offered) a plea deal?

And what happens to motions filed that have not yet been heard ... there were 11 motions concerning DP and jury instructions filed last November that have not been ruled on ... does the defense have to file something to withdraw those?

The defense has filed 4 new ones trying to accomplish the same thing using different reasons and it's confusing what happens to the old ones filed using other reasons ... :waitasec:

Many times, motions are filed in case the state of the law changes while the case is on appeal. Recent examples of changes in the law have been the Supreme Court of the United States (SCOTUS) declaring that the death penalty is unconstitutional if imposed on juveniles, and most recently on the "mentally retarded."

But the SCOTUS would have never reached those decisions if the "issue" had not been properly reserved for appeal. With that said, the motions filed earlier on are such motions and are filed by most DP lawyers, the more recently filed ones claiming sexism and "financial burden" are questionable to say the least.

 

[beach]

Would one of you guys be so kind to shed some light on questions posed in re. Friday's hearing on the 'TES new filing...' thread.

Starting at post #239, pg. 10.

http://www.websleuths.com/forums/showthread.php?t=97090&page=10

TIA!

 

[Anais]

Would one of you guys be so kind to shed some light on questions posed in re. Friday's hearing on the 'TES new filing...' thread.

Starting at post #239, pg. 10.

http://www.websleuths.com/forums/showthread.php?t=97090&page=10

TIA!

LOL you beat me to it!

 

[ZsaZsa]

This is for RH or any Florida Attorney- would it not be considered a conflict of interest for Macaluso to donate $70K to his own client's defense funds? If so, what is likely to be the outcome now this has been revealed? Thanks

 

[AZlawyer]

Would one of you guys be so kind to shed some light on questions posed in re. Friday's hearing on the 'TES new filing...' thread.

Starting at post #239, pg. 10.

http://www.websleuths.com/forums/showthread.php?t=97090&page=10

TIA!

The only thing set is a status conference. Normally, a third party attorney (like Nejame) would not be given time to speak at a status conference. My guess is that Nejame is working on a motion: Motion to Prevent Defense Counsel from Acting Like an [Unusual Person]. The motion will then be briefed and set for argument in the usual manner.

Unless the SA brings up the issue at the status conference and the judge is feeling particularly "hands on"...but I think the judge will want to hear Nejame's side of the story first-hand.

JBean, I censored my own post to save you the trouble!

 

[Anais]

I have a question in regards to the Florida Bar Assoc. and complaints. What would cause them to "look into or investigate" the actions of an attorney, and if so could they make their own complaint against an attorney? Say for example if an attorney behaved in an unprofessional or inappropriate manner? Lastly if they were to do such how would the average person find out?

TIA

 

[nancy botwin]

I have a question in regards to the Florida Bar Assoc. and complaints. What would cause them to "look into or investigate" the actions of an attorney, and if so could they make their own complaint against an attorney? Say for example if an attorney behaved in an unprofessional or inappropriate manner? Lastly if they were to do such how would the average person find out?

TIA

State Bar Associations are required to "look into or investigate" all complaints formally filed against an attorney; anyone can file a complaint against an attorney-- there is no standing requirement. The Bar acts upon complaints received and does not investigate attorney misconduct absent the filing of a complaint. In FL, one would lodge a complaint against an attorney using this form which requires the complainant to swear to the facts and allegations under penalty of perjury. (i.e., formally lodging a complaint alleging attorney misconduct is a very serious thing and the Bar will treat it as such).

The Bar treats pending investigations and disciplinary proceedings as confidential, but information re: complaints can be public once the file is closed (no misconduct found) or probable cause exists for formal disciplinary proceedings. Anyone who has filed a complaint against an attorney can publicly disclose that they have done so-- so the public could find out about pending investigations via the complainant. (publicizing this information is generally ill-advised and could expose the complainant to legal action from the attorney in the future).

If an attorney has been disciplined, the information is published here on the FL Bar's website.
The public can also search individual FL attorneys' disciplinary records here. Similar resources exist on all State Bar websites.

 

[john's mom]

Does anyone know what is up with these two motions?

Motion to Seal Jail Visiting Log Records
Motion for Protective Order With Respect to Penalty Phase Discovery

Are they related? If the defense doesn't want to disclose the discovery, the jail logs may give us the info anyway?
If Baez didn't fight the gag order to begin with, wouldn't all this info be kept private anyway?

Also, is it possible for the new judge to impose a gag order at this poiint? Is it likely he will do that?

TIA

 

[AZlawyer]

Does anyone know what is up with these two motions?

Motion to Seal Jail Visiting Log Records
Motion for Protective Order With Respect to Penalty Phase Discovery

Are they related? If the defense doesn't want to disclose the discovery, the jail logs may give us the info anyway?
If Baez didn't fight the gag order to begin with, wouldn't all this info be kept private anyway?

Also, is it possible for the new judge to impose a gag order at this poiint? Is it likely he will do that?

TIA

I haven't seen the actual motion to seal the visitation logs yet. Perhaps they (wrongly) think it's privileged information when and for how long they visit KC?

The two motions seem to be unrelated. I did a post on the penalty phase discovery a page or two back, and I think another verified lawyer did also. In any event, the jail logs would have nothing to do with penalty phase evidence.

A gag order would not prevent the release of discovery under the Sunshine Laws. It would just prevent the defense from running off at the mouth. (The SA has not given any interviews that I know of.)

The new judge could issue a gag order, if one is requested.

 

[MADJGNLAW]

:waitasec: What dose this mean? Do they want Judge Strickland back or Dose Judge Strickland want back on the case? Soo confused! I feel like a real idiot today LOL! :loser:
TIA :blowkiss:

Update to the case docket.

04-30-2010 Objection
to Courts Order on Defendants Motion to Disqualify Trial Judge

 

[QB.]

http://wdbo.com/common/pdf/orlando/casey_4_30_motion.pdf

here is the objection

 

[MADJGNLAW]

http://wdbo.com/common/pdf/orlando/casey_4_30_motion.pdf

here is the objection

Thanks! More dumb questions, I am sorry for being a pest. K.Diana Marku is the witness, the Notary is J.Cheney Mason, one of Casey's defense attorneys. Can he notarize his own motion?
I would think that it would have to be notarized by someone other than one of the defense attorney's.

:waitasec: Still confused on why this was filed?
Pretty much they are saying that Judge Strickland is bad mouthing the defense by pointing out that they filed a motion with an expired notary stamp. So now they are saying this may end up hurting Casey's chance to a fair trial.
So, what is the defense trying to get out of this? Judge Strickland graciously stepped down ASAP. What is the problem? Sounds as if the defense wanted a hearing regarding this matter, but since the judge stepped down there is no need for a hearing. What can be expected at the Objection hearing?

TIA :blowkiss:

 

[darnudes]

To all our Legal Eagles...

What did you think of the hearing?

Did there seem a change in the defense?

Was there a change in the SAO approach?

Who seemed scared, and about what issues?

Please give us your "run down" if so inclined.

Big shout out to all the Lawyers on WS's who give their time, energy and inclination.

You will never know how much we appreciate you.

AZ... who is here all the time...

Hornsby....wish you were here more....(get your own blogtalk radio spot -please!!)

 

[AlwaysShocked]

Once an attorney has joined a defense team pro bono, such as Mr. Mason did recently, what would that attorney have to do if he decided he wanted to get off the case?

Can he just file with the judge to be released or does there have to be a good reason given - such as ill health, etc.?

Would the requirements be any different if there are already sufficient qualified attorneys sitting on the defense team vs. if the attorney is the only attorney handling the case?

 

[AZlawyer]

Thanks! More dumb questions, I am sorry for being a pest. K.Diana Marku is the witness, the Notary is J.Cheney Mason, one of Casey's defense attorneys. Can he notarize his own motion?
I would think that it would have to be notarized by someone other than one of the defense attorney's.

:waitasec: Still confused on why this was filed?
Pretty much they are saying that Judge Strickland is bad mouthing the defense by pointing out that they filed a motion with an expired notary stamp. So now they are saying this may end up hurting Casey's chance to a fair trial.
So, what is the defense trying to get out of this? Judge Strickland graciously stepped down ASAP. What is the problem? Sounds as if the defense wanted a hearing regarding this matter, but since the judge stepped down there is no need for a hearing. What can be expected at the Objection hearing?

TIA :blowkiss:

I think the only purpose for filing that Objection was to get their side of the story out.

ETA: There is no problem with Mason notarizing someone else's signature in connection with one of his own motions.

To all our Legal Eagles...

What did you think of the hearing?

Did there seem a change in the defense?

Was there a change in the SAO approach?

Who seemed scared, and about what issues?

Please give us your "run down" if so inclined.

Big shout out to all the Lawyers on WS's who give their time, energy and inclination.

You will never know how much we appreciate you.

AZ... who is here all the time...

Hornsby....wish you were here more....(get your own blogtalk radio spot -please!!)

Looks like a well-run courtroom. I didn't watch the whole thing, but I did read all the news articles. I think the defense finally understands that they need to quit dinking around and get to work.

Once an attorney has joined a defense team pro bono, such as Mr. Mason did recently, what would that attorney have to do if he decided he wanted to get off the case?

Can he just file with the judge to be released or does there have to be a good reason given - such as ill health, etc.?

Would the requirements be any different if there are already sufficient qualified attorneys sitting on the defense team vs. if the attorney is the only attorney handling the case?

He would have to file a motion. But with so many attorneys on the case, not much of an excuse would be needed--maybe none at all if his departure would not slow down the schedule. If AL left the team, it would be a lot tougher for Mason to get out, because he would be the only DP-qualified attorney remaining.

 

[darnudes]

Aww, AZ, thanks but I need more input from you then that!

Okay, I know you must be busy in RL but if/when you get the chance a blow by blow account would be the cherry on my sundae.

Many thanks in anticipation I will wait patiently.

 

[butterfly1978]

Can attorneys be removed from a case, even if they are working pro bono?

 

[AZlawyer]

Aww, AZ, thanks but I need more input from you then that!

Okay, I know you must be busy in RL but if/when you get the chance a blow by blow account would be the cherry on my sundae.

Many thanks in anticipation I will wait patiently.

Seriously, I just didn't think the hearing was that interesting. Status conferences generally aren't lol. I will say that someone obviously told Casey to quit making expressions, pursuant to JP's order re: complying with court decorum rules.

Can attorneys be removed from a case, even if they are working pro bono?

There would be no difference between paid or pro bono attorneys, but what do you mean by "removed"?

 

[darnudes]

Seriously, I just didn't think the hearing was that interesting. Status conferences generally aren't lol. I will say that someone obviously told Casey to quit making expressions, pursuant to JP's order re: complying with court decorum rules.

Allrighty, I will stop pestering you then.

How could you not think that was interesting?

Casey didn't move a muscle, straighten a hair, touch her face, pull her shirt, pluck at her trousers - she was like granite.

Something tells me ol' Mason done told that girl to beehave.....and she finally listened to one of her lawyers. Funny how it has to get to the point of Mason getting on the case before she does. How long has it been a year and a half?

Do you think one of these days Baez will have to answer for his sins?

 

[AZlawyer]

Allrighty, I will stop pestering you then.

How could you not think that was interesting?

Casey didn't move a muscle, straighten a hair, touch her face, pull her shirt, pluck at her trousers - she was like granite.

Something tells me ol' Mason done told that girl to beehave.....and she finally listened to one of her lawyers. Funny how it has to get to the point of Mason getting on the case before she does. How long has it been a year and a half?

Do you think one of these days Baez will have to answer for his sins?

Oh, I hope so!