Legal Questions for our VERIFIED Lawyers #3

[beachbumming]

The judge can kick the sentence up to DP if the jury opts for LWOP? Interesting. For some reason I had thought that death must be handed down by a jury and can no longer be entirely at a judges sole discretion?

There are 35 states that have the death penalty, but only three of them allow a judge to override a jury's recommendation of LWOP and impose the DP. Florida, Alabama, Delaware.

 

[Irish_Eyes]

Just wondering about the sidebar transcript during Clint House testimony that was released today....where HHJP says something like "I'm concerned about a conviction....I don't like to retry cases." Should he have said "I'm concerned about a verdict," or "a fair trial" or something else....meaning, could JB and crew or their successors use those words at some future date to try and indicate a bias on the part of HHJP?

 

[uklaw]

Have been popping in and out. Not had much time to be on the boards so will have loads of q's later (sorry )

Anyway: One question that popped into my head: is it legitimate for the Judge to hold a sidebar with no court reporter, like he just did?

 

[2door73chevy]

If for some reason ICA walks, will she have to go live at a half-way house first? TIA

 

[Katprint]

I believe the question was If the jury convicts on Murder is there any way they can also say guilty of Manslaughter. The answer to that would be no. Since manslaughter is a lesser included offense of murder, a jury cannot return a guilty verdict of murder and manslaughter.

I agree that the jury cannot return a guilty verdict on the lesser included offense(s) unless they have concluded that the defendant is not guilty of the greater offense.

However, the question also stated "I just wonder if the Murder conviction was overturned on appeal maybe manslaughter would survive the appeal." The answer to that is yes, it happens all the time despite the lack of a separate manslaughter verdict.

Katprint
Always only my own opinions

 

[Aedrys]

Casey's illness today did not seem to be an actual illness. Would HHJP have her examined by a doctor to make sure she's actually ill? Or can she just say she's sick everyday and get out of coming to court? I'm hoping it's just HHJP erring on the side of caution and no appeals.

 

[BChand]

Now we've heard how the body was found, and heard the 911 call. The officer who met up with Kronk was on the stand and explained what happened.

Does the State HAVE to call Kronk now? (Knowing the defense is apt to do to him.) And if they DON'T, he's not on the Defense Witness List.

What can they do about that?

 

[dani]

Re: Son of Sam Law

If Casey or another Anthony family member were to write a book, movie, etc. could the state of Florida impose the "Son of Sam" law and claim any profits from the book?

I'm aware they have the right to write a book, but may not be able to receive the profits due to "Son of Sam". I'm also aware SCOTUS did not actually strike down the law, but several states have modified the law.

I think I recall a case where the victims family received the profits. I feel the taxpayers of Florida are a victim here and just wonder if Florida could recoup some of it's losses? TIA

 

[Sabrina2011]

I read that these sequestered jurors can see edited newspapers and certain TV (no news) and then it said they get to visit family on weekends.

Does that mean they go home and stay home for the weekend and if yes, do you think they see all of this (because we'll never know)

If no, then they get kind of family come over to our Hotel and we chat and have dinner?

 

[beachbumming]

Now we've heard how the body was found, and heard the 911 call. The officer who met up with Kronk was on the stand and explained what happened.

Does the State HAVE to call Kronk now? (Knowing the defense is apt to do to him.) And if they DON'T, he's not on the Defense Witness List.

What can they do about that?

It looks like the state is making a strategic decision not to call Kronk. If the defense calls him the state can cross examine him using leading questions to lay out the story they want.

 

[beachbumming]

Casey's illness today did not seem to be an actual illness. Would HHJP have her examined by a doctor to make sure she's actually ill? Or can she just say she's sick everyday and get out of coming to court? I'm hoping it's just HHJP erring on the side of caution and no appeals.

I'm sure HHJP took JB's word for it.

 

[BChand]

It looks like the state is making a strategic decision not to call Kronk. If the defense calls him the state can cross examine him using leading questions to lay out the story they want.

Thanks beachbumming. The point is, he's is not on the defense witness list and the deadline to add non experts is way past. So they can't add him now and they are out of luck right?

I agree that the state made a strategic decision!

 

[twomanywords]

Can KC cause a mistrial from this display?
Also, how many days would she be allowed to be sick and hold up the trial?
Thx

 

[grammieto5]

If what happened to KC today is due to her starting to realize she isn't going to be found not guilty, could she ask to do a plea bargain?

 

[AZlawyer]

Just wondering about the sidebar transcript during Clint House testimony that was released today....where HHJP says something like "I'm concerned about a conviction....I don't like to retry cases." Should he have said "I'm concerned about a verdict," or "a fair trial" or something else....meaning, could JB and crew or their successors use those words at some future date to try and indicate a bias on the part of HHJP?

I don't think his comment showed any bias. He is concerned about a conviction holding up on appeal. An acquittal ("not guilty" by the jury) can't be appealed by the state, so there would be no reason to be worried about an acquittal being upheld on appeal.

Have been popping in and out. Not had much time to be on the boards so will have loads of q's later (sorry )

Anyway: One question that popped into my head: is it legitimate for the Judge to hold a sidebar with no court reporter, like he just did?

It is, if neither side asked to have a record made. I wasn't watching the video, so I'll take your word for it that there was no record made. (In the courts where I practice most, the court reporter has a little earpiece to listen to sidebars without moving the equipment, but I think I've seen in HHJP's courtroom that the court reporter has to pick up her machine and physically move to the sidebar, so if that didn't happen I guess we can assume there was no record of that discussion.)

If for some reason ICA walks, will she have to go live at a half-way house first? TIA

No.

Re: Son of Sam Law

If Casey or another Anthony family member were to write a book, movie, etc. could the state of Florida impose the "Son of Sam" law and claim any profits from the book?

I'm aware they have the right to write a book, but may not be able to receive the profits due to "Son of Sam". I'm also aware SCOTUS did not actually strike down the law, but several states have modified the law.

I think I recall a case where the victims family received the profits. I feel the taxpayers of Florida are a victim here and just wonder if Florida could recoup some of it's losses? TIA

I haven't looked at this issue specifically. Assuming there is such a law in Florida and that it remains valid, it certainly wouldn't apply to anyone other than Casey.

I read that these sequestered jurors can see edited newspapers and certain TV (no news) and then it said they get to visit family on weekends.

Does that mean they go home and stay home for the weekend and if yes, do you think they see all of this (because we'll never know)

If no, then they get kind of family come over to our Hotel and we chat and have dinner?

HHJP said they can have supervised visits from family on weekends.

Thanks beachbumming. The point is, he's is not on the defense witness list and the deadline to add non experts is way past. So they can't add him now and they are out of luck right?

I agree that the state made a strategic decision!

IMO HHJP will not care which witness list Kronk is on, as long as he is on one of the lists.

Can KC cause a mistrial from this display?
Also, how many days would she be allowed to be sick and hold up the trial?
Thx

Certainly there was no display that would cause a mistrial. It is up to HHJP how patient he wants to be.

If what happened to KC today is due to her starting to realize she isn't going to be found not guilty, could she ask to do a plea bargain?

Sure.

 

[galerie]

Isn't Casey going to be convicted of something, since it was stated that Caylee accidently drowned and George and her covered it up. Wouldn't she be convicted of something

 

[AZlawyer]

Isn't Casey going to be convicted of something, since it was stated that Caylee accidently drowned and George and her covered it up. Wouldn't she be convicted of something

I don't see how she can get out of a conviction for providing false info to a law enforcement officer who is searching for a missing person--but she's already served most of the time she would have to serve for those charges anyway, so I doubt she cares much about that.

 

[MissJames]

So the defense can call Kronk even if the State doesn't?

 

[AZlawyer]

So the defense can call Kronk even if the State doesn't?

Yes.

 

[Irish_Eyes]

Do you ever get tired of all of our random questions?


(Seriously, thanks for all that you J.D.'s add to this forum!)