Legal Questions for our Verified Lawyers #4

[passionflower]

Can ICA be released and then arrested by IRS (on back taxes) or another charge once she leaves the prison gates?
Can her name be changed and appearance be changed within the jail while she is still serving her time?
Since ICA is a FREE woman on the 19th........can she get a passport and leave USA?
even though she has lawsuits against her?
Will her felony of check theft not follow her for life with her new ID???
TIA

 

[ClockWatcher]

Please, please. please, tell me Tim Miller has not one, but two strong legs to stand on with the court.
Leg one: Fraud
Leg two: Unjust Enrichment

http://www.clickorlando.com/download/2011/0712/28525258.pdf

Keeping my fingers crossed!

 

[mombomb]

This showed up on the docket for the ZG case. What does it mean? TIA:innocent:

07/13/2011 Motion
EMERGENCY MOTION TO COMPEL APPEARANCE AT VIDEOTAPE DEPOSITION
07/13/2011 Motion to Compel
MOTION TO COMPEL

 

[AZlawyer]

What is needed to prove Aggravated child abuse ? Thanks

Here's the jury instruction:

AGGRAVATED CHILD ABUSE

§ 827.03(2), Fla. Stat.

To prove the crime of Aggravated Child Abuse, the State must prove the following two elements beyond a reasonable doubt:

1. Casey Marie Anthony knowingly or willfully committed child abuse upon Caylee

Marie Anthony and in so doing caused great bodily harm, permanent disability, or permanent disfigurement.

2. Caylee Marie Anthony was under the age of eighteen years.

“Willfully” means intentionally, knowingly and purposely.

“Child abuse” means the intentional infliction of physical or mental injury upon a child or an intentional act that could reasonably be expected to result in physical or mental injury to a child or active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or mental injury to a child.

Can ICA be released and then arrested by IRS (on back taxes) or another charge once she leaves the prison gates?
Can her name be changed and appearance be changed within the jail while she is still serving her time?
Since ICA is a FREE woman on the 19th........can she get a passport and leave USA?
even though she has lawsuits against her?
Will her felony of check theft not follow her for life with her new ID???
TIA

Owing back taxes is not a criminal offense. She can only be arrested while leaving prison if there's something new (not covered by double jeopardy) to arrest her for.

I don't know how much Casey could change her appearance in jail. I mean, she doesn't have access to a plastic surgeon or anything.

Casey won't be able to change her name under Florida law until she gets her civil rights restored from the check fraud felonies. I believe there's something like a 5 year waiting period to apply for restoration of civil rights. If she's living somewhere else, that place might have different rules, but while she's in jail, she's a Florida resident.

She could get a passport and leave the country, yes. Being sued does not restrict your personal freedom.

What new ID? Let's wait until a judge somewhere actually grants a petition to change her name before we jump to any conclusions.

Please, please. please, tell me Tim Miller has not one, but two strong legs to stand on with the court.
Leg one: Fraud
Leg two: Unjust Enrichment

http://www.clickorlando.com/download/2011/0712/28525258.pdf

Keeping my fingers crossed!

I really don't think it's a great case, based on what we know about the facts. IIRC, Casey did not make repeated and continuing misrepresentations to convince Tim to stay and look for Caylee, but rather treated him like crap and was clearly hoping he would leave. Plus it was crystal clear that Tim was looking for a dead Caylee the majority of the time, and would have continued to do so even if (and maybe because) he thought Casey was lying.

He still might win. A lot of people are pissed at Casey in case you haven't noticed.

 

[AZlawyer]

This showed up on the docket for the ZG case. What does it mean? TIA:innocent:

07/13/2011 Motion
EMERGENCY MOTION TO COMPEL APPEARANCE AT VIDEOTAPE DEPOSITION
07/13/2011 Motion to Compel
MOTION TO COMPEL

What am I, a mindreader?

The second one could be almost anything. The first one sounds like Morgan has some reason to think Casey plans to skip out on his depo.

ETA: I just read Morgan's motion. He wants the judge to issue an order compelling Casey to appear for the depo, based on news reports that she plans to leave the state once she's released. Kind of a weird motion, because of course the court has ALREADY issued an order compelling her to appear for the depo. It's called a subpoena. I don't know what Morgan is really trying to accomplish here. :waitasec:

 

[mombomb]

What am I, a mindreader?

The second one could be almost anything. The first one sounds like Morgan has some reason to think Casey plans to skip out on his depo.

ETA: I just read Morgan's motion. He wants the judge to issue an order compelling Casey to appear for the depo, based on news reports that she plans to leave the state once she's released. Kind of a weird motion, because of course the court has ALREADY issued an order compelling her to appear for the depo. It's called a subpoena. I don't know what Morgan is really trying to accomplish here. :waitasec:

So, since the deposition is on Tuesday and she is being released Sunday - she could leave the state (saying she is coming back the next day) and then not?

Do you think this deposition will actually happen on Tuesday? (Mind reading probably required:innocent:

 

[AZlawyer]

So, since the deposition is on Tuesday and she is being released Sunday - she could leave the state (saying she is coming back the next day) and then not?

Do you think this deposition will actually happen on Tuesday? (Mind reading probably required:innocent:

I guess she could do that, yes. Then Morgan would have to track her down and get the two courts in different jurisdictions to work together to issue another order for a depo wherever she goes. Or, if she doesn't appear, he could ultimately get the Florida court to just issue judgment against her, although I'm sure he'd still have to prove ZG's damages.

I think the most likely result is that Casey will show for the depo, will plead the 5th based on the possible appeal of the lying charges, and then a hellacious argument will break out between the lawyers.

 

[cluciano63]

Hi, AZ Layer, trying not to ask questions that have been asked and aswered before...what if anything would stop Casey from answering all questions with "I can't remember anything about that time period" during a deposition? I gather she can't plead the 5th, but I have heard many witnesses claim no memory of incidents before, and how could it proven otherwise? Thank you.

 

[Katprint]

What am I, a mindreader?

The second one could be almost anything. The first one sounds like Morgan has some reason to think Casey plans to skip out on his depo.

ETA: I just read Morgan's motion. He wants the judge to issue an order compelling Casey to appear for the depo, based on news reports that she plans to leave the state once she's released. Kind of a weird motion, because of course the court has ALREADY issued an order compelling her to appear for the depo. It's called a subpoena. I don't know what Morgan is really trying to accomplish here. :waitasec:

IMO this is a fairly common situation in civil cases: The witness is subpoenaed (or the deposition of the party is "noticed" which is the functional equivalent of a subpoena.) Something comes up that causes the subpoenaing attorney to reasonably believe the witness will not obey the subpoena, for example if the witness flat out says they won't obey the subpoena, or friends/relatives of the witness say the witness will be leaving the jurisdiction prior to the deposition, never to return.

It is virtually impossible to extradite a witness from another state (such as Texas where Casey may be planning to live with relatives in Houston) in order to take a civil deposition. It is complicated and expensive to utilize a foreign state's litigation procedures to compel an out-of-state witness to submit to a deposition, as we previously saw with the defense efforts to subpoena TES records and take Tim Miller's deposion. It is much easier to ask the court where the lawsuit is already pending to formally order the subpoenaed witness presently located within its jurisdiction to attend the deposition pursuant to the subpoena. If the witness STILL does not attend the deposition after the court has issued a formal order requiring the witness to attend the deposition, the court can issue a bench warrant for the witness as the usual contempt remedies. (I have personally obtained such bench warrants for witnesses who failed to appear as ordered - they are quite similar to the bench warrants issued against people who fail to appear for traffic citations or minor crimes where they were cited and released.)

Bottom line: If Morgan didn't ask for the court to order Casey to appear at her deposition as subpoenaed, she will be OUTTA THERE. Morgan would be limited to asking for monetary sanctions, for her answer and cross-complaint to be struck, for default judgment to entered against her, etc. when what he REALLY wants is to grill her like a cheese sandwich concerning what really happened to Caylee. If his motion is denied then that may still happen.

If Morgan's motion is granted and Casey still doesn't show up for her depo, she should plan on never ever returning to Florida. But, that may indeed be her plan.

Katprint
Always only my own opinions

 

[Sustained]

AZ, another question please ... can ICA apply for and legally get a gun seeing that she's been convicted on felony counts ? Might be a multiple choice question, as I'm sure different states have different rules ?

 

[AZlawyer]

Hi, AZ Lawyer, trying not to ask questions that have been asked and aswered before...what if anything would stop Casey from answering all questions with "I can't remember anything about that time period" during a deposition? I gather she can't plead the 5th, but I have heard many witnesses claim no memory of incidents before, and how could it proven otherwise? Thank you.

She could say that, yes. It's a pretty risky move in a civil case, because you're likely to end up losing if you can't remember anything.

 

[AZlawyer]

AZ, another question please ... can ICA apply for and legally get a gun seeing that she's been convicted on felony counts ? Might be a multiple choice question, as I'm sure different states have different rules ?

I'm sure she won't be able to get a firearm. Not legally anyway.

 

[Nore]

AZlawyer, no question~ just a big Thank You for all your help.:seeya:

 

[Paintr]

During the trial, Judge Perry offered to hold an expert witness ( Dr R) in jail until he testified if the DT deemed his testimony crucial and believed that he would not return if the judge let him leave. Is this why Mr Morgan filed his new motion...hoping the judge would hold ICA in custody to insure that she would be available for depo?

 

[Katprint]

Kat, do you mean Morgan, not Mason?

Yes, you are right, I meant Morgan. Too late to edit.

Katprint
Always only my own opinions

 

[Controversialist]

Forgive me if this is a repeat question, but:

In your opinion, when ICA failed to call 911 after Caylee's "pool accident," did she violate the terms of Charge Three on her laundry list of possible infractions?

IMO, this question boils down to the correct way of interpreting the precise language and intent of the related statute. In my paraphrase (consistent with the original, I hope) Charge Three seems to say, in effect:

"Casey willfully or by culpable negligence, while a caregiver to Caylee, failed or omitted to provide Caylee with the care, supervision and services necessary to maintain Caylee’s physical and mental health, or failed to make a reasonable effort to protect Caylee from abuse, neglect or exploitation by another person, and in so doing caused the death of Caylee."

I'm not sure if the final, bolded phrase relates to both underlined parts that are separated by "or," or just to the second underlined part, after "or."

Perhaps the state had to prove that ICA's failure to call 911 caused Caylee's injury or death. Or, that her failure to keep Caylee out of the pool to start with violated Charge Three.

Assuming the jury knew for a fact that ICA failed to call 911, I hope they examined this point.
Thanks.

hdear:hdear:hdear:

 

[HatesSociopaths]

What reason is there for not using Robyn Adams as a witness, such as to the reaction ICA gave to the body being found? She was able to contrast that reaction with the reaction of other remains being found earlier, and it was very compelling. Also that ICA said she gave "stuff" to help Caylee sleep sometimes.

(about a third of the way through this interview):

http://www.wesh.com/r/26650233/detail.html

 

[rotterdam]

Since the state is apparently investigating witness tampering and if such incident(s) could be substantiated, could the Feds come in and utilize the RICO Act on the individuals responsible for witness tampering?

 

[mikeysmommom]

The jury foreman who is saying terrible things about George can he be held liable if George decided to sue him? or is he protected from a lawsuit? TIA

 

[TxLady2]

Thanks, but I'm not totally understanding - let's say the defense team bought the verdict and paid the jurors $25K each. Evidence surfaced and the defense team confessed to their bribes. Are you saying that the verdict would not be overturned b/c the defendant him/herself did not do the bribing ? What would happen then ? The DT would just be disbarred but the verdict would stand ?

Surely you jest!! $25,000 X 12 = $300,000!!!! Where would they get that kind of money?!!