Legal Questions for our Verified Lawyers #4

[SoCalSleuth]

Pretty good law review article on the history of/laws regarding subpoenaing federal employees. http://scholarship.law.wm.edu/wmlr/vol37/iss3/5

Another one, more recent: http://scholarship.law.wm.edu/wmborj/vol14/iss2/7

 

[ynotdivein]

RHornsby, very specific question for you when you get here again: Your anecdote about your client who got the jailhouse forehead tattoo was hard to understand due to tech issues. Can you please give us a short synopsis of what you were talking about and how it relates to the Caylee case?

 

[Dcstew]

I believe this clip, from Friday, may have started what happened Sat. morning. Clearly(to me) Casey tells Mason to get Baez. She is mad.

http://www.clickorlando.com/video/28362472/index.html (at 1:10)

Do yous believe the same? How much Baez craziness can Mason let go on? Then to have this video out & her comment to Mason.

 

[AZlawyer]

I believe this clip, from Friday, may have started what happened Sat. morning. Clearly(to me) Casey tells Mason to get Baez. She is mad.

http://www.clickorlando.com/video/28362472/index.html (at 1:10)

Do yous believe the same? How much Baez craziness can Mason let go on? Then to have this video out & her comment to Mason.

Whoa. Scary-looking Casey face.

I agree she is VERY ANGRY with JB about something and telling CM about it.

I do think CM is fed up with this whole thing, but to be honest he is making mistakes too. Maybe ineptitude is catching? :waitasec: Anyway, we'll know tomorrow if anyone is off the team. Personally, I didn't get that "vibe," but you never know.

 

[JustMeDeb]

Casey has been in protective custody since going to jail. If she is convicted of LWOP, would she remain in protective custody or would she be released to general population?

 

[TxJan1971]

Will the jurors be able to be informed or ever learn that ICA has been deemed competent to stand trial? (I would want to know this as a juror). Thank you!

 

[AlwaysShocked]

If a juror must be discharged for any reason, how is the replacement juror chosen from the 5 alternates? In order of how they were chosen as jurors initially?

 

[chefmom]

I would like our attorneys opinions on the fact that the weekend pause was about the DT asking for KC to be checked for competency. Is it safe to say they are not feeling very confident right now? TIA!

 

[KenoshaKid]

The defense is saying the grandparent's cars we not checked by the cadaver dogs, so can the prosecution have a cadaver dog check GA and CA's cars now and present it for rebuttal?

 

[AZlawyer]

Casey has been in protective custody since going to jail. If she is convicted of LWOP, would she remain in protective custody or would she be released to general population?

That would really be up to the jail to decide--it's a security issue.

Will the jurors be able to be informed or ever learn that ICA has been deemed competent to stand trial? (I would want to know this as a juror). Thank you!

No. But of course if she had been deemed incompetent, the trial would not be happening, so they should know she's competent to stand trial.

If a juror must be discharged for any reason, how is the replacement juror chosen from the 5 alternates? In order of how they were chosen as jurors initially?

Should be in order, yes.

I would like our attorneys opinions on the fact that the weekend pause was about the DT asking for KC to be checked for competency. Is it safe to say they are not feeling very confident right now? TIA!

Yes!! I can't imagine that they actually thought she was incompetent to continue, unless she is REALLY good at hiding it. Which incompetent people normally are not.

The defense is saying the grandparent's cars we not checked by the cadaver dogs, so can the prosecution have a cadaver dog check GA and CA's cars now and present it for rebuttal?

No, it's way too late to check their cars. Considering that they never even smelled, if Caylee's body was ever in one of their cars it was not for long enough or at a late enough stage for a cadaver dog to pick up the scent 3 years later.

 

[sleutherer]

If you have a defendant say "I want to kill myself" during a trial would that trigger you to file for competency evaluation?

 

[AZlawyer]

If you have a defendant say "I want to kill myself" during a trial would that trigger you to file for competency evaluation?

Maybe, depending on the seriousness with which it's said and the degree to which the defendant seems unable to focus on anything else.

Here's my best guess at this point as to what happened:

[ame="http://www.websleuths.com/forums/showpost.php?p=6772606&postcount=114"]http://www.websleuths.com/forums/showpost.php?p=6772606&postcount=114[/ame]

 

[sleutherer]

Ahh, okay .... thanks!

 

[Starshine28]

I apologize if this is a silly question, but I tried googling it and so many sites came up that I got overwhelmed.

What deems someone as "incompetent"? Is it simply a psychological imbalance?

Thank you, as always

(Edited-My apologies-you do not have to answer my question. The released motion quenched my curiosity as to what caused the competency issue: http://www.wftv.com/pdf/28368878/detail.html)

New question Is it common, legally necessary, to have 3 separate psychologists determine competency? I am curious because I did not know if it simply occurred just to verify the first psychologist's conclusions.

 

[AZlawyer]

I apologize if this is a silly question, but I tried googling it and so many sites came up that I got overwhelmed.

What deems someone as "incompetent"? Is it simply a psychological imbalance?

Thank you, as always

(Edited-My apologies-you do not have to answer my question. The released motion quenched my curiosity as to what caused the competency issue: http://www.wftv.com/pdf/28368878/detail.html)

New question Is it common, legally necessary, to have 3 separate psychologists determine competency? I am curious because I did not know if it simply occurred just to verify the first psychologist's conclusions.

Yes, it is common to have multiple evaluations--then, if there is a disagreement amongst the professionals, there can be further proceedings.

 

[beachbumming]

I apologize if this is a silly question, but I tried googling it and so many sites came up that I got overwhelmed.

What deems someone as "incompetent"? Is it simply a psychological imbalance?

Thank you, as always

(Edited-My apologies-you do not have to answer my question. The released motion quenched my curiosity as to what caused the competency issue: http://www.wftv.com/pdf/28368878/detail.html)

New question Is it common, legally necessary, to have 3 separate psychologists determine competency? I am curious because I did not know if it simply occurred just to verify the first psychologist's conclusions.

A defendant has to be unable to understand the nature and purpose of the criminal proceedings and unable to assist in his/her defense to be deemed incompetent to stand trial. Apparently from the psych evals the above is not true regarding ICA. Competency can be raised at anytime during trial, however it is usually raised pretrial.

 

[nursebeeme]

I have a really dorky question: could one of the lawyers give an example of someone who would be incompetent (ie a scenario)? tia

 

[AZlawyer]

I have a really dorky question: could one of the lawyers give an example of someone who would be incompetent (ie a scenario)? tia

Yeah, Jared Loughner was just declared incompetent to stand trial. He's the nutso who shot Gabrielle Giffords. Google his mugshot and there you will see the face of a person who is genuinely incompetent to stand trial.

 

[clayangel]

Can Casey fire her DT @ this point and get a mistrial...Or would she have to continue with an appointed team?

 

[mimmy03]

So if ICA insists on testifying (but her DT is against it) is she allowed to testify against their wishes/advice?