Legal Questions for Our VERIFIED Lawyers #1

[AZlawyer]

Do Motions in Limine not require a certificate of service? There isn't one on any of the motions we've seen so far.

I'm sure a certificate of service is required. But if I were a staff person for a newspaper website, I'm not sure I would consider it very important to scan that page.

If HHJBP orders the tape be sealed. Is it still possible to have the guard explain how casey reacted watching the news story?

No, if the tape is excluded from evidence I suspect it will be because it was obtained improperly and/or is irrelevant. The guard's testimony would have the same problems.

 

[nums24]

What is the difference between a Motion and Motion in Limine?

From today's filings to exclude and prohibit things and they are filed with both titles.

example below:

12/30/2010 Motion In Limine to Prohibit the use, in any Fashion, of Internet Myspace References Attributable to the Defendant as "Diary of Days"

12/30/2010 Defense Motion to Exclude Irrelevant Evidence of Tattoo

 

[Aedrys]

Help me lawyers. He wants to exclude the smell. *thud* The smell, the most obivious thing in this ENTIRE case! Am I batty for thinking he's stupid to even ask for this? Or does have he to do motions like this just to show he tried? Motions like this do not make any sense to me whatsoever.

 

[Muzikman]

I'm sure a certificate of service is required. But if I were a staff person for a newspaper website, I'm not sure I would consider it very important to scan that page.



No, if the tape is excluded from evidence I suspect it will be because it was obtained improperly and/or is irrelevant. The guard's testimony would have the same problems.

BBM - Just FYI, I always get the complete filing, and scan the complete filing, including Certificates of Service - if they have one. The defense seems, ummm, lacking, at times... heh

 

[AZlawyer]

What is the difference between a Motion and Motion in Limine?

From today's filings to exclude and prohibit things and they are filed with both titles.

example below:

12/30/2010 Motion In Limine to Prohibit the use, in any Fashion, of Internet Myspace References Attributable to the Defendant as "Diary of Days"

12/30/2010 Defense Motion to Exclude Irrelevant Evidence of Tattoo

You say tomato, I say tomahto...

Help me lawyers. He wants to exclude the smell. *thud* The smell, the most obivious thing in this ENTIRE case! Am I batty for thinking he's stupid to even ask for this? Or does have he to do motions like this just to show he tried? Motions like this do not make any sense to me whatsoever.

Well, the motion I looked at asked to exclude the odor analysis by Dr. Vass, not the "smell" as a whole. Unless I was reading too quickly. The motion to exclude the odor analysis is a good motion (clearly not written by JB) and may well be granted after a Frye hearing.

 

[Cabin girl]

So what if any are the ramifications when they file the motion to the wrong judge i.e. Strickland instead of HHJP?

 

[AZlawyer]

OMG if they file the motion to the wrong judge i.e. Strickland instead of HHJP, does that automatically give them another extension to file?

No, documents are not filed with individual judges; they are filed with the clerk. Most likely no one will notice or care if the wrong judge is listed. Except at WS where we notice everything lol.

 

[Cabin girl]

No, documents are not filed with individual judges; they are filed with the clerk. Most likely no one will notice or care if the wrong judge is listed. Except at WS where we notice everything lol.

LOL thank you. :woohoo:

 

[lisalei321]

I've been wondering this for a while, Does the SAO have to put any of the Anthony's on the stand? Or can they just use their sworn statements and the 911 calls?

 

[Aedrys]

Shouldn't the defense subpoena the posts and pictures from Tricia or is a motion enough to get that stuff from her? I just hate that Casey's case is now affecting Websleuths this way.

 

[AZlawyer]

I've been wondering this for a while, Does the SAO have to put any of the Anthony's on the stand? Or can they just use their sworn statements and the 911 calls?

The 911 calls, or at least the "excited utterance" parts, should come in on their own, but the sworn statements can only be used to impeach live witnesses. The SA will need to call the Anthonys to the stand (perhaps as hostile witnesses) in order to present the full story to the jury.

Shouldn't the defense subpoena the posts and pictures from Tricia or is a motion enough to get that stuff from her? I just hate that Casey's case is now affecting Websleuths this way.

I was reading things way too quickly yesterday, but I think it was a subpoena--or a request for permission to subpoena--and I also think it was directed toward JJ and not toward Websleuths. We're talking about the JJ pictures, right?

 

[beach]

I was reading things way too quickly yesterday, but I think it was a subpoena--or a request for permission to subpoena--and I also think it was directed toward JJ and not toward Websleuths. We're talking about the JJ pictures, right?

BBM

Both. Here 'tis...

http://www.wftv.com/pdf/26331241/detail.html

 

[LambChop]

Since the clerk's office was closed on Friday, will any faxes that came in on Friday be considered in on time for the deadline? Do they go by the date on the fax or when they are recorded?

 

[chefmom]

The 911 calls, or at least the "excited utterance" parts, should come in on their own, but the sworn statements can only be used to impeach live witnesses. The SA will need to call the Anthonys to the stand (perhaps as hostile witnesses) in order to present the full story to the jury.



I was reading things way too quickly yesterday, but I think it was a subpoena--or a request for permission to subpoena--and I also think it was directed toward JJ and not toward Websleuths. We're talking about the JJ pictures, right?

BBM

Does this mean that the jury will not get to hear the recordings of KC lying to LE at Universal about her job and dropping Caylee off at Sawgrass? I realize that the SA can call the officers to the stand and have them tell what happened, but it is so much more telling to hear KC, in her own voice, lying through her teeth about what happened, and offering no help whatsoever. Is there any circumstance under which the SA can play these recordings for the jury? TIA!

 

[AZlawyer]

Since the clerk's office was closed on Friday, will any faxes that came in on Friday be considered in on time for the deadline? Do they go by the date on the fax or when they are recorded?

I don't know--in AZ we can't fax in our filings. I suspect if they allow that option, they accept the time on the fax as the time of filing.

BBM

Does this mean that the jury will not get to hear the recordings of KC lying to LE at Universal about her job and dropping Caylee off at Sawgrass? I realize that the SA can call the officers to the stand and have them tell what happened, but it is so much more telling to hear KC, in her own voice, lying through her teeth about what happened, and offering no help whatsoever. Is there any circumstance under which the SA can play these recordings for the jury? TIA!

KC's statements are a different story. They can be presented as evidence without KC taking the stand as a witness (as long as they aren't excluded for some other reason, like failure to give Miranda warnings).

 

[Aedrys]

I have a question about today's hearing. It seems like quite a few of these motions have the exact same argument (a lot are just too prejudical against Casey as the defense arguement, or some are too much media exposure). Can they all be heard at once instead of argued separately? Or do they have to be argued separately with the same argument each time? It just seems more expedient to do it that way than have to listen to Baez and Co. make the same argument over and over!

 

[AZlawyer]

I have a question about today's hearing. It seems like quite a few of these motions have the exact same argument (a lot are just too prejudical against Casey as the defense arguement, or some are too much media exposure). Can they all be heard at once instead of argued separately? Or do they have to be argued separately with the same argument each time? It just seems more expedient to do it that way than have to listen to Baez and Co. make the same argument over and over!

It's up to the judge. But I didn't see too many similarities in the motions. There are cut-and-paste sections regarding the law for a few of the motions, but the details are different.

I'm thinking HHJP may have to take the motions one at a time just to make sure he doesn't miss any.

 

[Macushla]

Cheney Mason filed a notice of hearing to let the State, JAC and the attorneys for the media know that these motions would be heard today. Isn't that actually up to Judge Perry? Is this something CM is required to do once he files the motions? Do you think Judge Perry will hear all of them, or just the original 6 that were scheduled? Can CM be the one who dictates which motions are heard?

 

[AZlawyer]

Cheney Mason filed a notice of hearing to let the State, JAC and the attorneys for the media know that these motions would be heard today. Isn't that actually up to Judge Perry? Is this something CM is required to do once he files the motions? Do you think Judge Perry will hear all of them, or just the original 6 that were scheduled? Can CM be the one who dictates which motions are heard?

Some courts notify the attorneys of hearings; others require the attorneys to send out a notice after confirming a date and time with the judicial assistant. So I assume that CM checked with the judicial assistant before sending out his notice.

 

[Jolynna]

I always thought that Casey's text to Tony on July 16 at 7:01 a.m. was a fib.

“I was put in handcuffs for almost 10 minutes and sat in the back of a cop car. The best thing and the most important person in my life is mi”
​

Today, if I understood him correctly, Cheney Mason said that Casey was handcuffed while being driven around.

Considering what is known about Casey's LE interview at Universal, will the latest defense motion to get that interview thrown out be successful?