AZlawyer
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At what point in the trial is it impossible to cop a plea?
At the end.
At what point in the trial is it impossible to cop a plea?
At the end.
Hi AZ,
2 Q's..... Why did you decided to bold your whole sig line?
Do you think HHJP allowing the video of the duct tape today will be reason for appeal?
I agree with you.But, wouldn't it make a more lasting effect on the jurors if they actually see the evidence instead of a picture...especially what was left of the clothes & her blanket?
The only think I can think of is Dr. G could not render an opinion as to cause of death, just manner of death. However, I think she was very good on the stand.For the lawyers:
On the news today, there's been a lot of conversation about Dr. G's testimony today being problematic not just for the Defense but also for the Prosecution. Why?
Could/will there be any consequences because of some media sites and chat boards releasing non-pixelated pictures of Caylee's skull and other photos when HHJP specifically asked the media NOT to release them? Although the skull pictures have been deleted, others remain & I can already hear the DT crying for yet another mistrial...
I'm assuming the state feels the photographs are sufficient to show the evidence. Other than that I'm not sure, maybe strategy, efficiency? Personally I opened evidence bags in court to show the jury what was purported to be inside actually was inside, but there is so much evidence in this case that perhaps it would slow down the trial too much.
In the Hans Reiser murder case, after the jury returned a verdict of guilty of First Degree Murder but before the judge imposed sentence, Hans was allowed to withdraw his "not guilty" plea and plead guilty to Second Degree Murder in exchange for revealing where he had hidden Nina's body after he murdered her. One of the primary factors motivating the prosecution and the judge was the ongoing emotional suffering of Nina's very young children due to Hans telling them that their mother didn't really love them, had abandoned them, etc. Nina's son - who had actually SEEN his father carrying his mother's body past his bedroom door on the way out of the house - had frequent nightmares that Nina was lost and trying to make her way back to them. Revealing the location of Nina's body was important to give closure to her children.At the end.
Other Experts Established ISC rates
Out-of-court services (includes initial review of records, testing, writing reports, depositions & other services):
First hour or less $131.00
Per quarter hour thereafter $32.75
In-court testimony:
First hour or less $158.00
Per quarter hour thereafter $39.50
Waiting to testify:
At court appearance-per hour $79.00
At deposition-per hour $65.50
Travel time:
Per hour $65.50
Caps per case for Experts Established ISC rates
Capital cases-maximum hours 20
First degree felony cases-maximum hours 15
Second degree felony cases-maximum hours 10
Third degree felony cases-maximum hours 5
Misdemeanor, traffic, juvenile cases-maximum hours 5
Source:CIRCUIT 9 - DUE PROCESS COSTS ESTABLISHED RATES FOR SERVICES PROVIDED ON OR AFTER JULY 1, 2010 (http://www.justiceadmin.org/court_app_counsel/Cir 09 - Due process final.pdf)
Emphasis mine
might the jury, while deliberating, ask to see evidence that was not unpacked during trial? would they be allowed to?
A prosecution expert just testified that he was paid $400 per hour (and I think he got to charge that for travelling and waiting time).
I have quoted below the relevant part of the JAC provisions for due process costs the 9th Circuit in Florida. As can be seen, the prosecution are able to spend far more than the Defense it would appear. The Defense are limited to about $160 per hour (less than half what the prosecution can spend as an hourly). Further, the Defense, on the face of it, appear to be limited to 20 hours of expert services (I don't know if this is per expert or a cumulative cap).
QUESTION 1: Apart from the fact that this would appear to be totally unfair that the prosecution are able to entirely "outgun" the Defense, is their an issue here as to KC's right to a fair trial or any other legal issue arising from this apparent inequality of arms?
QUESTION 2: Also will Baez be able to call for a mistrial due to Dr Haskell's outburst (for want of a better word) that Baez had not paid him? Or at the least get an instruction that the jury are to disregard this fact.
QUESTION 3: Who pays for the Deposition of an opponent's expert witness? The party doing the Depo or the opponent? The reason I ask is because apparently Henry Lee refused to do a Depo for the State because he had not been paid (and it seemed that the Defense were exptected to pay Henry Lee for the Prosecution to Depo him).
TIA
One of the biggest concerns people watching this trial seem to have is the possibility of Casey winning an appeal based on ineffective counsel. Baez is clearly in over his head and appears ineffective more often than not. However, a case like this where the state has a strong case is very difficult to defend even by an experienced attorney.
Casey has been asked numerous times throughout this entire process from pre-trial hearings to the start of her trial, whether she was happy with her counsel or would like another attorney, etc. Since many (if not all) of these inquiries are on the record, could this have an affect on the decision of an appellate court in a claim of ineffective counsel? Might Casey's repeated insistence on going to trial with this defense team significantly minimize any claim of ineffective assistance of counsel, or is that likely to be given little to no consideration?
If ICA decides to take the stand, doesnt she need to have a deposition take by both the defense and the state? If they dont do this, wouldnt her testimony be unreliable? she could just be making things up as she goes.
What happens if CA takes the stand and tells a different story than what Baez said in opening arguments? Can she do that? Say I doped her up and didn't mean to kill her blah blah blah?
Also, does lawyer/client privilege survive the death of the client?
thanks