SoCalSleuth
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- Sep 4, 2008
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Can we get your input on this recess?
Just as perplexed as everyone else, although I don't believe it's sickness and it's definitely not an appeal.
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?
The defense is not filing an interlocutory appeal nor can they.
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.
The defense is not filing an appeal. However, when emergency appeals are filed, if the appellate court requests a response at all, they will request a response from the trial court as the trial court is the respondent (although the trial court rarely responds).
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?
We don't know what the "private matter" is so that's a hard question to answer. I don't think anything about this jury selection is normal--frankly I've never seen a defense team be given such leeway in it's questioning.
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?
The motion was denied. LF was arguing that the jury selection method was prejudicing KC's due process rights because the DT wanted to question all of the remaining potential jurors before they exercised their strikes. The selection method is very common and not unfair at all. I've tried over 100 cases using this exact jury selection method.
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?
In order for the court to close the proceedings to the public via a sidebar conference, the matter discussed has to involve matters that would be prejudicial in some manner if disclosed publicly or constitutionally protected.
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.
If JB wanted off the case voluntarily he would have to make a motion --however, since he was paid before KC was declared indigent the motion would be denied. KC could try to fire him. Whether or not JP allowed it would be another story.