Legal Questions for our Verified Lawyers #4

[Lera213]

Why can't Florida courts speed up her appeal. We know they will deny it...then doesn't have anything to plead the 5th on right?

 

[cecybeans]

Didn't FCA request through JB the opportunity to do secret little "night searches" for Caylee on her own when she was bonded out? And didn't she mention similar things in jail regarding her inability to assist in the search as long as she was languishing there and not out on bond? And didn't she mention in one of her social worker interviews that she was anxious to participate in the searches for Caylee? All of these are small details, but as an aggregate would the record of these statements count in a legal sense regarding her awareness that not only TES but others were conducting searches for Caylee on her behalf?

 

[AZlawyer]

Why can't Florida courts speed up her appeal. We know they will deny it...then doesn't have anything to plead the 5th on right?

The court would not speed up her appeal even if the state asked (which the state wouldn't do), because there's no emergency.

Didn't FCA request through JB the opportunity to do secret little "night searches" for Caylee on her own when she was bonded out? And didn't she mention similar things in jail regarding her inability to assist in the search as long as she was languishing there and not out on bond? And didn't she mention in one of her social worker interviews that she was anxious to participate in the searches for Caylee? All of these are small details, but as an aggregate would the record of these statements count in a legal sense regarding her awareness that not only TES but others were conducting searches for Caylee on her behalf?

I honestly can't remember the details of what she said in those contexts. But yes, any little thing would help to prove that she intended people to rely on her statements and search for Caylee.

 

[SunnyinMO]

This is probably a really far out question, but I am going to ask it anyway. If TES wins a judgment against her, which I certainly hope and pray they do, would it open the door for everyone who donated monies and goods to those searches be in a position to also file a class action against her? TIA

 

[AZlawyer]

This is probably a really far out question, but I am going to ask it anyway. If TES wins a judgment against her, which I certainly hope and pray they do, would it open the door for everyone who donated monies and goods to those searches be in a position to also file a class action against her? TIA

I suppose they could use the same theory. I just have a lot of doubts about the TES case. IIRC it seems like Tim Miller said in his depo that Casey never asked him to search, never said "Caylee" one time, was not friendly or cooperative toward him, clearly wanted him gone, etc. I think he even at some point said he decided to continue the search even though he believed Casey knew what had happened to Caylee. If Casey had been out there saying, "please please everyone search for my daughter, please spare no expense" like an, um, normal mother would have done, I think it would be a better case. Maybe she did that early on or in the jail tapes or something and I've just forgotten.

 

[SunnyinMO]

I suppose they could use the same theory. I just have a lot of doubts about the TES case. IIRC it seems like Tim Miller said in his depo that Casey never asked him to search, never said "Caylee" one time, was not friendly or cooperative toward him, clearly wanted him gone, etc. I think he even at some point said he decided to continue the search even though he believed Casey knew what had happened to Caylee. If Casey had been out there saying, "please please everyone search for my daughter, please spare no expense" like an, um, normal mother would have done, I think it would be a better case. Maybe she did that early on or in the jail tapes or something and I've just forgotten.

Thanks...I am going to go read Tim's depo...I remember the hubbub about GA telling her to put the X where TES should look so we know she knew the searches were going on. and she was bemoaning that she wanted out of jail to go look privately for Caylee.. again thanks for your reply

 

[NavySubMom]

re: Tim Miller Civil Lawsuit against FCA.... (and I imagine the same questions/answers will apply to Zenaida Gonzales's case)

so far FCA has answered the two questions the Judge allowed in the First Admissions and Interrogatories submitted by TES.

I know that FCA's attys plan on deposing Tim Miller, and they have to go to Texas to do it as ruled by the Judge. Depending on Miller's answers, can FCA's lawyers depose any other witnesses TES may have?

Can TES's or FCA's lawyers depose, for example, GA if they wanted to without any further action from the Court, or does Munyon have to decide if they can do that? Does TES have to submit a list of all of the witnesses they would plan to use. Do FCA's attys. also have to submit a list?

I read re: civil cases that the discovery process allows one party to obtain admissions from the other party and to learn more about the other party's case to decide if it is worth going to trial, or if a settlement should be offered. I imagine IF THEY WANTED TO (not saying they do or think TM has a case, but maybe in the ZG case) FCA could offer a settlement at any time.

If no settlement is offered:
At what point would this case then go to trial, if at all? I am seeing people say they do not believe this case will go to trial......Does Munyon decide whether this case will go to trial based on case law, or since this is a Civil Case is it up to TES to decide how far they want to proceed after hearing what FCA said and her witnesses will say in depositions? If it is up to Munyon if this case will proceed to a jury trial, what facts will she take into consideration, what exactly will Munyon's decision be based on, prior similar cases, case law, etc.?

Thank you.

 

[AZlawyer]

re: Tim Miller Civil Lawsuit against FCA.... (and I imagine the same questions/answers will apply to Zenaida Gonzales's case)

so far FCA has answered the two questions the Judge allowed in the First Admissions and Interrogatories submitted by TES.

I know that FCA's attys plan on deposing Tim Miller, and they have to go to Texas to do it as ruled by the Judge. Depending on Miller's answers, can FCA's lawyers depose any other witnesses TES may have?

Can TES's or FCA's lawyers depose, for example, GA if they wanted to without any further action from the Court, or does Munyon have to decide if they can do that? Does TES have to submit a list of all of the witnesses they would plan to use. Do FCA's attys. also have to submit a list?

I read re: civil cases that the discovery process allows one party to obtain admissions from the other party and to learn more about the other party's case to decide if it is worth going to trial, or if a settlement should be offered. I imagine IF THEY WANTED TO (not saying they do or think TM has a case, but maybe in the ZG case) FCA could offer a settlement at any time.

If no settlement is offered:
At what point would this case then go to trial, if at all? I am seeing people say they do not believe this case will go to trial......Does Munyon decide whether this case will go to trial based on case law, or since this is a Civil Case is it up to TES to decide how far they want to proceed after hearing what FCA said and her witnesses will say in depositions? If it is up to Munyon if this case will proceed to a jury trial, what facts will she take into consideration, what exactly will Munyon's decision be based on, prior similar cases, case law, etc.?

Thank you.

Obviously I'm not a Florida lawyer, or my name would be FLLawyer and the rules are different from state to state. For example, in AZ state courts, there are strict limits on which witnesses you can depose without a court order. I don't see anything like that in the Florida rule, so I guess they can depose anyone who might reasonably have relevant information. I imagine George would have relevant information and BTW I can't wait to see the transcript of that depo.

Yes, eventually both parties will have to submit a list of the witnesses they actually plan to use at trial.

Either party may make a settlement offer at any time. The other party is free to ignore any such offers.

The time it takes to get to trial varies widely from court to court and from case to case. Most of my cases in AZ state court take about 1 1/2 to 2 years to get to trial.

The judge always decides legal questions, whether in a civil or criminal case. If the law says that there is no case, then the judge can and must throw the case out. The legal decision will be based on whatever the relevant law is--in this case, that would be the common law (case law) (which is the same thing as "prior similar cases"). If the law is such that the jury could reasonably find in favor of TES if TES presents the evidence it says it has, then the judge cannot throw the case out. TES could also dismiss its own case if it decides the case isn't worth pursuing.

 

[NavySubMom]

Obviously I'm not a Florida lawyer, or my name would be FLLawyer and the rules are different from state to state. For example, in AZ state courts, there are strict limits on which witnesses you can depose without a court order. I don't see anything like that in the Florida rule, so I guess they can depose anyone who might reasonably have relevant information. I imagine George would have relevant information and BTW I can't wait to see the transcript of that depo.

Yes, eventually both parties will have to submit a list of the witnesses they actually plan to use at trial.

Either party may make a settlement offer at any time. The other party is free to ignore any such offers.

The time it takes to get to trial varies widely from court to court and from case to case. Most of my cases in AZ state court take about 1 1/2 to 2 years to get to trial.

The judge always decides legal questions, whether in a civil or criminal case. If the law says that there is no case, then the judge can and must throw the case out. The legal decision will be based on whatever the relevant law is--in this case, that would be the common law (case law) (which is the same thing as "prior similar cases"). If the law is such that the jury could reasonably find in favor of TES if TES presents the evidence it says it has, then the judge cannot throw the case out. TES could also dismiss its own case if it decides the case isn't worth pursuing.

Thanks very much AZ....

At what point will Munyon take a look at TES's case and decide whether to throw it out, or take it to trial......
So far FCA has given her * 2 * answers, and I know TM was served with a subpoena to give a depo that will take place in TX. .... after that? or will we get the pleasure of seeing some more witness depos before she would decide, to get a better sense of the case?

I also will love too see if GA can finally tell the whole-truth-and-nothing-but-the-truth, would love to see a depo of the A's in these civil trials ...

BUT: will they (GA/CA) be held to their EXACT testimony as given in the criminal trial for these civil trials? or can they change their testimony now without fear of perjury or other sanctions? or can their criminal trial depos and testimony and LE interviews be brought into these Civil trials to show a jury their penchant for mis-truths and half-truths and mis-statements :floorlaugh:, especially CA?? Very curious about the answer to this one.

I just hope FCA's attys can't somehow relate in a BACKWARDS kind of way GA's beloved gas cans to these civil trials, or it will be all over for TM/ZG :floorlaugh: :floorlaugh: :floorlaugh: Seriously, though, can ANY criminal testimony or LE interviews or depos be brought into these civil trials?

or can they (maybe GA at least) finally tell some whole-truths and true-statements??????

THANKS again!!

 

[AZlawyer]

Thanks very much AZ....

At what point will Munyon take a look at TES's case and decide whether to throw it out, or take it to trial......
So far FCA has given her * 2 * answers, and I know TM was served with a subpoena to give a depo that will take place in TX. .... after that? or will we get the pleasure of seeing some more witness depos before she would decide, to get a better sense of the case?

I also will love too see if GA can finally tell the whole-truth-and-nothing-but-the-truth, would love to see a depo of the A's in these civil trials ...

BUT: will they (GA/CA) be held to their EXACT testimony as given in the criminal trial for these civil trials? or can they change their testimony now without fear of perjury or other sanctions? or can their criminal trial depos and testimony and LE interviews be brought into these Civil trials to show a jury their penchant for mis-truths and half-truths and mis-statements :floorlaugh:, especially CA?? Very curious about the answer to this one.

I just hope FCA's attys can't somehow relate in a BACKWARDS kind of way GA's beloved gas cans to these civil trials, or it will be all over for TM/ZG :floorlaugh: :floorlaugh: :floorlaugh: Seriously, though, can ANY criminal testimony or LE interviews or depos be brought into these civil trials?

or can they (maybe GA at least) finally tell some whole-truths and true-statements??????

THANKS again!!

The judge will not just "take a look" at the case. Casey will have to file a motion to have the case thrown out. Her attorneys already filed a motion to dismiss, and that was denied, because the judge thought TES might be able to come up with some evidence to support what it said in the Complaint. (On a motion to dismiss, the judge has to assume that the evidence will eventually "shake out" the way the Plaintiff (TES) said it would.) The next step will be a motion for summary judgment, probably after most of the important depositions, etc. are completed (certainly Tim's deposition, maybe some of the other people in the Anthony camp and the TES camp at the time, probably some document requests). At that point, the judge can look at how the evidence has ACTUALLY developed, although she has to assume that the jury would resolve any conflicting evidence in favor of TES.

No one is seriously going to be charged with perjury. But if George or Cindy give testimony in this case that conflicts with testimony from the criminal case, it can and will be brought to the jury's attention. TES won't be able to get into lies from the criminal case that are totally unrelated to the civil case, though.

 

[lauriej]

http://www.orlandosentinel.com/news...-anthony-appeal-delays-20120125,0,57464.story
Casey Anthony: Appeal's delays let her keep mum in civil cases

~~~~~~~
In other words, she cannot be forced to answer questions now that might come back to hurt her later if she wins her appeal and is granted the chance at a new trial.




--what does THIS mean?

--i was under the impression that her "appeal" was that they disagreed with LiarX4 and preferred LiarX1.

--one big l--o--n--g lie to yuriM instead of 4 seperate ones, and that the appeal court would say 'yes' or 'no'.

--if the appeal court says 'yes, you are correct' ----she gets a new trial, on the LIAR portion?

 

[AZlawyer]

http://www.orlandosentinel.com/news...-anthony-appeal-delays-20120125,0,57464.story
Casey Anthony: Appeal's delays let her keep mum in civil cases

~~~~~~~
In other words, she cannot be forced to answer questions now that might come back to hurt her later if she wins her appeal and is granted the chance at a new trial.




--what does THIS mean?

--i was under the impression that her "appeal" was that they disagreed with LiarX4 and preferred LiarX1.

--one big l--o--n--g lie to yuriM instead of 4 seperate ones, and that the appeal court would say 'yes' or 'no'.

--if the appeal court says 'yes, you are correct' ----she gets a new trial, on the LIAR portion?

Her appeal is not limited to the "1 lie vs. 4 lies" issue. I guarantee you there will be a request for new trial in the brief (due soon I think!) based on, for one thing, the argument that her statements to LE should have been suppressed due to the lack of Miranda warnings.

 

[Sleuths4Me]

So she could get a new trial for just the Lie charges?

 

[AZlawyer]

So she could get a new trial for just the Lie charges?

Yes. That's definitely what she's asking for.

 

[UCAKID]

Note-taking is a local decision, and often even in the localities where note-taking is allowed the judge has discretion whether to actually do it or not.

If you want to be on the jury, wait til after you are selected to ask if you can take notes lol. Otherwise everyone will assume you are WAY TOO INTERESTED and possibly (God forbid) SMART and will strike you ASAP. But it should be pretty obvious if you are allowed to take notes--if you are, you'll be handed a notepad/notebook and pen/pencil.

AZ - thank you and you nailed it on the "way too smart=tossed"!!!! BTW, I enjoyed your analysis on the 6/12/11 CA podcast. I was on active duty and those podcasts were a lifeline to me.

 

[spiderlady]

Casey obviously lied once again about the TES searches and having no knowledge. What judge wil let that lie stand knowing that Mr. Miller had a map and was trying to get her to point where to search!? Would anyone believe she thought he was asking her to point out the nearest Target?

 

[jon_burrows]

I thought they initially charged FCA with 7-8 lies. Judge Strickland only held her accountable for half. If my recollection is accurate and if she wants another trial for lying, can they charge here with the full 7-8 lies and send her to prison?

IMO

 

[AZlawyer]

Casey obviously lied once again about the TES searches and having no knowledge. What judge wil let that lie stand knowing that Mr. Miller had a map and was trying to get her to point where to search!? Would anyone believe she thought he was asking her to point out the nearest Target?

She didn't say she had no knowledge of the search--she said she didn't know he was searching for Caylee in Aug/Sept 2008. Only a lawyer could appreciate the difference lol. But my guess is that she and her lawyer have some childish word-play justification for the denial, e.g., "Oh well how can I KNOW what TES was really doing? Maybe they were searching for Caylee; maybe they were just trying to get publicity. How can one know what another is truly thinking?" Blah blah blah seen it all before.

On to your actual question. I'm not sure what you mean about a judge "letting a lie stand." The parties answer questions--the judge does not have any involvement except to make sure everything gets answered that legally needs to get answered. The judge doesn't look at the written answers and decide whether they seem true or not. The time for deciding if someone has told the truth is the trial. At trial, Casey will give her answer to that question. If it is the same as the written answer, TES will proceed to show that she is a lying liar. If it is different, TES will proceed to show that she is a lying liar. :floorlaugh: I see no problem here. I, quite frankly, much prefer that the opposing party lie his or her pants off in the discovery stage so I have something fun to work with at trial.

I thought they initially charged FCA with 7-8 lies. Judge Strickland only held her accountable for half. If my recollection is accurate and if she wants another trial for lying, can they charge here with the full 7-8 lies and send her to prison?

IMO

No. First of all, they only charged her with 4 lies, and she was found guilty on all of them. You're thinking of the Amy Huizenga fraud charges possibly? Second, because of double jeopardy law, there is no way she can end up worse off as a result of the appeal.

 

[LolaMoon08]

Hello AZLawyer,

I have a few things I need to ask, but need to explain some things first.

1) I'm working on a short script based on the 31 days that Caylee was not reported missing. It is not for profit or anything like that, but for a competition I am entering in a few months.

2) There will be no introduction of characters. No names mentioned. No dialogue. Two locations.

What I need to know is how legal would it be to use text messages, Myspace posts, and anything else that was public record?

Examples:

The squirrel text message?
Cindy's Myspace message?

Thanks!

 

[AZlawyer]

Hello AZLawyer,

I have a few things I need to ask, but need to explain some things first.

1) I'm working on a short script based on the 31 days that Caylee was not reported missing. It is not for profit or anything like that, but for a competition I am entering in a few months.

2) There will be no introduction of characters. No names mentioned. No dialogue. Two locations.

What I need to know is how legal would it be to use text messages, Myspace posts, and anything else that was public record?

Examples:

The squirrel text message?
Cindy's Myspace message?

Thanks!

Hey Lola. I can't answer personal legal questions on here, but hopefully I gave you some things to think about in a PM.