Legal Questions for our VERIFIED Lawyers #3

[Pink Panther]

Thanks AZ for your answers!

: )

ETA - So if the judge made a mistake (a legal mistake or one that is contentious) with regards to the State, the State has no recourse at all? I mean, specifically, that if ruled "NO GROUNDS" on something that HAS grounds, does the State have no recourse?

 

[Reality Orlando]

I'm curious about the victim impact statements. The DT in the KC case brings up the victim impact statements with each PJ. They say that the jurors cannot consider them, but then why are the victims/families allowed to give them if not to sway sentencing? How can anyone expect jurors, who are only human, NOT consider what they hear during these statements? Why aren't the jurors removed during the statements if they can't take them into consideration during when deciding sentence? Thanks is advance for any clarification on this.

 

[countzero]

Are not the victims impact statements read AFTER the sentence is given to the guilty defendant?

 

[Reality Orlando]

Are not the victims impact statements read AFTER the sentence is given to the guilty defendant?

"Victim Impact Statement
This is a statement made either verbally or in writing to the Court before sentence is imposed."

http://www.sao10.com/victim-impact_statement.asp

 

[ynotdivein]

Bringing this over from another thread:

Hi,
I have been watching Jury selection for 10 days now and am confused on why the courts and law says that we have the right to a jury of our peers?

I am confused as Casey was born to two caucasian parents and her hispanic attorney is asking for minorities?, single men, women with no children, etc etc.
Does anyone else feel confused on the meaning of a jury of one's peers?

 

[AZlawyer]

Thanks AZ for your answers!

: )

ETA - So if the judge made a mistake (a legal mistake or one that is contentious) with regards to the State, the State has no recourse at all? I mean, specifically, that if ruled "NO GROUNDS" on something that HAS grounds, does the State have no recourse?

In limited circumstances, the State can appeal, but not after a jury trial and acquittal by the jury because of double jeopardy issues. In Florida, there is a whole list of issues on which the State can appeal in the middle of the proceedings, without waiting for a verdict. Also, as I mentioned above, the State might be able to appeal in the middle of the proceedings even for some things not on that list, using what's called a "writ of certiorari."

I'm curious about the victim impact statements. The DT in the KC case brings up the victim impact statements with each PJ. They say that the jurors cannot consider them, but then why are the victims/families allowed to give them if not to sway sentencing? How can anyone expect jurors, who are only human, NOT consider what they hear during these statements? Why aren't the jurors removed during the statements if they can't take them into consideration during when deciding sentence? Thanks is advance for any clarification on this.

The victims and families are allowed to give these statements because the voters or legislatures of Florida (and many other states) voted to give them this right. But the voters of these states didn't (and probably couldn't) vote to have juries consider these statements as aggravating circumstances, because defendants have federal constitutional rights that can't be affected by such votes.

Everyone knows the jurors will consider them anyway. Even if they truly try not to.

Bringing this over from another thread:

Quote:
Originally Posted by Bathbuddys View Post
Hi,
I have been watching Jury selection for 10 days now and am confused on why the courts and law says that we have the right to a jury of our peers?

I am confused as Casey was born to two caucasian parents and her hispanic attorney is asking for minorities?, single men, women with no children, etc etc.
Does anyone else feel confused on the meaning of a jury of one's peers?

There is really no such requirement as a "jury of one's peers." An effort is made to match the general demographics of the community, however (in the jury pool as a whole, not in the specific jurors selected).

 

[Reality Orlando]

Thanks AZ.

 

[Skully]

If it comes out in trial that the A's knew that Caylee was gone, in the woods, and KC was responsible but set up foundations and sold T shirts, can and will the SA office charge them with anything? Can someone other than the SA office a law suite or charge into action?

Thank you for your time in answering my questions too!

 

[Mamabear1963]

Okay, let me see if I can word this right...

--We all know there can be no smoking gun, no Perry Mason moment.


BUT...

Can there be a wow moment (sorta like JB says he will do only betta) in how the discovery is presented. All the info is there...like paint below the canvas in little piles...and the prosecution is going to take a brush and begin to paint a picture for all of us. (In a way that is the part that I am not looking forward to...I am not sure I can take JA explaining/painting the picture of what happened to that sweet girl)


OR

Can the prosecutors...do something like this...(it would be too nasty though and sounds more Hollywoodish)

JA takes a fact and makes a boo boo...JA knows that ABC happened...but states ADC or something a slip...

We have seen KC come unglued at strange points...shaking her head no...saying tell him to stop...etc....but been strangely distant during other graphic points, ie autopsy photos etc

Can the Jury take the defendants actions into consideration ie Diane Downs when they played the music that was playing when the children were shot

Don't know if that is clear enough...haven't had my coffee yet today...

 

[jandkmom]

If someone that is mentally incapable is accused sexual abuse and cannot mentally defend themselves, can a person who is mentally stable and psychologists be brought in to say that that did not happen?

 

[100%Agave]

I hope that this has not already been asked, but AF keeps asking potential jurors about them considering mercy. I would not have thought that mercy or the jurors ability to appy or not apply the concept of mercy would be a moot point during jury selection or any other time during the trial other than during a victim impact statement where I guess the person delivering it could ask the jury for mercy for the accused (not sure why they would want to do this in most cases...and completely see why they would want to in this case).

Is mercy a legitimate mitigating factor? Or is she asking this question for a reason other than a mitigating factor and I am just not understanding her?

Also the age question seems to bother me a lot. Casey was not a teenager when she committed this crime. She was a legal adult so why should/would/could her age play a role as a mitigating factor?

 

[mom_in_il]

With an AA male and an AA female already retained, can the State use a peremptory challenge on juror 3283?

 

[uklaw]

OK. I have been reading Richard Hornsby's most recent blog posting, "Could Judge Perry be wrong, Defense right?". In short Mr. Hornsby says that the Defense could be right about their argument over "piecemeal" jury selection and HHJP wrong. He cites, as authority, Perry v. State, 675 So. 2d 976 (Fla. 4th DCA 1996) . This case, incidentally, may be the "just one" which HHJP and AZLawyer wanted.

Anyhow question to the lawyers: Why are the DT taking this point now as an interlocutory appeal when they have already made their objection and (I assume) preserved this point for appeal? Surely it is better for the defense (or at least ICA) for the DT to get on with this trial, not piss off HHJP anymore than they already have and try this case to conclusion. Should ICA get acquited then the DT and ICA have obtained the best result they could obtain and the matter is closed, if she gets convicted then they have a good shot of getting the verdict overturned and a second bite at the cherry?

 

[I Din Doot]

HHJBP described some issues he has had to consider during jury election such as no courtroom available, paying the hotel bill in Orlando for jurors when the trial hasn't even started and overtime for Pinellas County employees. To me it sounded like an attempt to justify the frequent changes he has made to the jury selection process implying that the circumstances were such and he is authorized to use his disgression .
My question is - If the DT files an emergency appeal would the appeal court give HHJP an opportunity to respond to the appeal or would they only see the DTs' appeal and court minutes.

 

[LambChop]

Hasn't JB "shot himself in the foot" but asking for some personal time for a private matter? Here he is complaining about being rushed but this is a 1/2 day lost, JB rambles on and on and has a somewhat different approach about questions which indicates he is not properly prepared at times whereas AF asks the same questions and is more structured so we know exactly how long her questions will last. Is this normal?

 

[ynotdivein]

This thread is for questions to our Verified Lawyers, and answers from them, only.

Where this post lands is random.

:tyou:

 

[allycat1208]

Early this morning, you probably know Lisabeth Fryer was in to argue with Judge Perry about the method of trial being unfair (if I understood). What was the outcome and what in the method of jury selection is unfair or unusual at this time?

 

[allycat1208]

What is going on at the sidebar talks with JP and attorneys that is so private compared to the rest of the jury selection process?

 

[catnron]

Hello,Could Beaz just quit at this point in the trial? Also Could casey fire him at this point?
Wouldn't Beaz have to go before the courts and ask that he be taken off the case?Thank you for taking the time to answer.

 

[cluciano63]

If he can't quit, without a hearing, what about being dismissed by CA? Could she fire him and want to carry on with remainder of team only? And if so, why would that stop court for today?