Legal Questions for our Verified Lawyers #4

[uklaw]

You are correct--the 5th Amendment problem is still there until the appeal on the lying convictions is resolved. IMO Casey could take the 5th to almost every question Morgan wants to ask. He can't have it both ways: either the questions about Caylee's fate are irrelevant to whether Casey lied about ZFG (and therefore irrelevant to his defamation case and can't be asked) or the questions about Caylee's fate are relevant to whether Casey lied about ZFG (and therefore relevant to the conviction for lying about ZFG and Casey can take the 5th until the appeal is resolved).

IMO the second option is the correct one, BTW. But my point is ONE of those options has to be correct, and either way his deposition is not going to get very far until the appeal is resolved.

From Twitter: bobkealing bob kealing
"Mitnik: If she plans to take fifth we still want to take depo tomorrow or Tuesday."

Am I right in thinking that relevancy is not an allowable objection for a depo (only privilege is allowed)? But that it doesn't work like this in practice?

 

[LetJusticePrevail]

There seems to be two schools of thought on whether federal charges can be leveled against KC. Could someone confirm whether they can or cannot. The way I understand it is that it would not be considered double jeopardy if the feds indicted her. Also, who has the authority to file those charges? In other words, I'd like to contact them and the state's attorneys office directs me to the FBI who directs me to the US Attorney who directs me back to the FBI. Frustration looming.

 

[AZlawyer]

From Twitter: bobkealing bob kealing
"Mitnik: If she plans to take fifth we still want to take depo tomorrow or Tuesday."

Am I right in thinking that relevancy is not an allowable objection for a depo (only privilege is allowed)? But that it doesn't work like this in practice?

If things get too far off the relevancy track, you can suspend the depo to get a ruling from the judge about whether or not certain subjects are fair game.

But I don't see what that has to do with the question about taking the 5th?

There seems to be two schools of thought on whether federal charges can be leveled against KC. Could someone confirm whether they can or cannot. The way I understand it is that it would not be considered double jeopardy if the feds indicted her. Also, who has the authority to file those charges? In other words, I'd like to contact them and the state's attorneys office directs me to the FBI who directs me to the US Attorney who directs me back to the FBI. Frustration looming.

It would not be considered double jeopardy, but Casey would have to have committed a FEDERAL crime. IMO there is one "possible maybe" option relating to her telling lies to local LE that she should have known would have been passed on to the FBI, but it's a stretch.

 

[Cher352]

KC is now appealing her conviction on the four counts of lying to LE.

If she wins would that mean she would not have to pay for the cost of the investigation (that the SA is in the process of compiling) because of those lies ?

Thanks!

 

[AZlawyer]

KC is now appealing her conviction on the four counts of lying to LE.

If she wins would that mean she would not have to pay for the cost of the investigation (that the SA is in the process of compiling) because of those lies ?

Thanks!

Depends on what argument she "wins" on. E.g., if she wins on the argument that the sentences should have run concurrently rather than consecutively, that would have no effect on the cost of investigation issue. If the convictions were actually reversed (based on what, I can't imagine), then of course any order charging her with costs would also be vacated.

 

[Friday]

Dear most revered attorneys--

Now that the DT has filed a notice of intent to appeal ICA's 4 misdemeanor convinctions, what is their deadline for filing the actual Appeal itself with the court?

One of the THs emphasized that appealing misdemeanor convinctions is a simpler (or quicker?) procedure than appealing criminal convictions.

I tried to find the answers myself on the Florida Appeals site but couldn't find the info specific to ICA's appeal. Thank you for your time and help.

 

[AZlawyer]

Dear most revered attorneys--

Now that the DT has filed a notice of intent to appeal ICA's 4 misdemeanor convinctions, what is their deadline for filing the actual Appeal itself with the court?

One of the THs emphasized that appealing misdemeanor convinctions is a simpler (or quicker?) procedure than appealing criminal convictions.

I tried to find the answers myself on the Florida Appeals site but couldn't find the info specific to ICA's appeal. Thank you for your time and help.

The notice of appeal is the actual appeal itself.

Also, a misdemeanor conviction is a criminal conviction.

 

[rotterdam]

Could the DT team continue to re- appeal all the way up to the Supreme court so that FCA could continue to claim the fifth amendment? And if yes, what time span are we talking about.

 

[Queenofwands]

Since Casey is a convicted Felon, could she get a passport? If so, wouldn't other countries likely refuse entry because of her notorierty, etc.

 

[uklaw]

The notice of appeal is the actual appeal itself.

Also, a misdemeanor conviction is a criminal conviction.

I think the original poster meant to say Appellate Brief, or other document setting out grounds of appeal and argument.

 

[AZlawyer]

Could the DT team continue to re- appeal all the way up to the Supreme court so that FCA could continue to claim the fifth amendment? And if yes, what time span are we talking about.

She could try, but after the first appeal the higher courts don't have to accept the appeal. The timeline is extremely variable, but could take 6 mos. to a year even in a minor case like this one.

Since Casey is a convicted Felon, could she get a passport? If so, wouldn't other countries likely refuse entry because of her notorierty, etc.

Yes, she could get a passport. And no, I don't think anyone will refuse her entry to another country.

I think the original poster meant to say Appellate Brief, or other document setting out grounds of appeal and argument.

Thanks. They have 70 days from the notice of appeal to file the opening brief.

 

[wonders]

So it seems that Baez and CFCA knew Caylee was dead on the 16th of June 2008.
Could the Orange County Jail sue the pair of them for costs relating to her stay at the jail when Baez could have fought for her to be bonded out?

Thank you.

 

[Friday]

Dear most revered attorneys--

Now that the DT has filed a notice of intent to appeal ICA's 4 misdemeanor convinctions, what is their deadline for filing the actual Appeal itself with the court?

One of the THs emphasized that appealing misdemeanor convinctions is a simpler (or quicker?) procedure than appealing criminal convictions.

I tried to find the answers myself on the Florida Appeals site but couldn't find the info specific to ICA's appeal. Thank you for your time and help.

The notice of appeal is the actual appeal itself.

Also, a misdemeanor conviction is a criminal conviction.

I'm sorry, AZ, I wasn't clear enough. I'm trying to figure out approximately how long this Appeal farce is going to enable ICA to avoid answering deposition questions by pleading the 5th amendment instead. To figure that out, I need to know the following:

(1) How long does the DT have to file their actual Appeal Brief? I know there's always a deadline--a year in my state--but I don't know about Florida.

(2) In the state of Florida, there is a different (shorter) process for hearing appeals on "misdemeanors." According to the legal THs, the Appeal won't have to go to as high a court. I'm almost positive the THs said ICA's Appeal will be heard by Orange County judges?

If we know the answers to (1) and (2) we can figure out the maximum length of time ICA will be able to plead the 5th if any lawyer tries to depose her, including attorneys for ZFG, TES, the State of FL, etc.

Considering the attorney time and costs involved in putting together an Appeal brief ($20,000+ just for trial transcripts), I believe the DT will simply let the clock run out on their deadline for filing a brief.

Therefore, if we know the answer to (1), I think we'll know exactly how long it will be before ICA can be properly deposed.

Thanks in advance for your help.

 

[mac66]

If the defense team knew that Caylee was dead on June 16, and they continued requesting money to "investigate"and search TES files, etc., can they not be held liable for some of that money? They seem to have deliberately committed fraud on the Florida taxpayers if they knew they were going to claim accidental death, yet continued spending money that was unrelated to their basic case. I can't understand that JAC could condone this waste. Thank you for all the time you give to educate us.

 

[denjet]

I'm wondering if KC has to appear for any of the growing number of law suits against her ? I know she has to appear for depositions, but that can be done via Skype can't it ?
Can her lawyers just represent her without her having to actually go to court ?

Just wondering because it seems she would have to keep coming back to Orlando for these cases which would be a security nightmare ... can she get out of it because of that ?

TIA

 

[AZlawyer]

So it seems that Baez and CFCA knew Caylee was dead on the 16th of June 2008.
Could the Orange County Jail sue the pair of them for costs relating to her stay at the jail when Baez could have fought for her to be bonded out?

Thank you.

No. First of all, he did try to get her bonded out. Secondly, if she had said, "No, wait, Caylee drowned by accident," it's not like anyone would have just released her based on that.

I'm sorry, AZ, I wasn't clear enough. I'm trying to figure out approximately how long this Appeal farce is going to enable ICA to avoid answering deposition questions by pleading the 5th amendment instead. To figure that out, I need to know the following:

(1) How long does the DT have to file their actual Appeal Brief? I know there's always a deadline--a year in my state--but I don't know about Florida.

(2) In the state of Florida, there is a different (shorter) process for hearing appeals on "misdemeanors." According to the legal THs, the Appeal won't have to go to as high a court. I'm almost positive the THs said ICA's Appeal will be heard by Orange County judges?

If we know the answers to (1) and (2) we can figure out the maximum length of time ICA will be able to plead the 5th if any lawyer tries to depose her, including attorneys for ZFG, TES, the State of FL, etc.

Considering the attorney time and costs involved in putting together an Appeal brief ($20,000+ just for trial transcripts), I believe the DT will simply let the clock run out on their deadline for filing a brief.

Therefore, if we know the answer to (1), I think we'll know exactly how long it will be before ICA can be properly deposed.

Thanks in advance for your help.

(1) A year to file the opening brief??? That's crazy! In Fla. apparently they have 70 days for civil appeals. I thought that was a pretty long time. I realized today that the rule is different for criminal appeals--they have 30 days after the lower court sends the record to the appeal court, or 30 days after appointment of appellate counsel, whichever is later. So most likely close to 3 months.

(2) I don't see any special procedures in the Florida rules for misdemeanor appeals. The procedure is certainly different than it would be for a death penalty case, but seems to be just the normal appeal procedure.

My guess would be that the entire appeal process could take a year.

If the defense team knew that Caylee was dead on June 16, and they continued requesting money to "investigate"and search TES files, etc., can they not be held liable for some of that money? They seem to have deliberately committed fraud on the Florida taxpayers if they knew they were going to claim accidental death, yet continued spending money that was unrelated to their basic case. I can't understand that JAC could condone this waste. Thank you for all the time you give to educate us.

No, they can't. The defense team did not and does not "know" anything about what actually happened, and their investigations and searches of TES files were not to find the "truth" but to find things to use in trial. And they did use those things in trial. They attacked every aspect of the evidence, not just the evidence of intent vs. accident.

I'm wondering if KC has to appear for any of the growing number of law suits against her ? I know she has to appear for depositions, but that can be done via Skype can't it ?
Can her lawyers just represent her without her having to actually go to court ?

Just wondering because it seems she would have to keep coming back to Orlando for these cases which would be a security nightmare ... can she get out of it because of that ?

TIA

Clients rarely have to appear for anything in civil court, unless they are testifying (at deposition or trial). Normally a judge would not permit a deposition of a party to be taken by Skype unless it was by agreement of both parties or there was some other good reason offered.

 

[MysticEyes]

How is it possible for a convicted felon be eligible for a passport?

 

[NotRocketSighence]

If the defense team knew that Caylee was dead on June 16, and they continued requesting money to "investigate"and search TES files, etc., can they not be held liable for some of that money? They seem to have deliberately committed fraud on the Florida taxpayers if they knew they were going to claim accidental death, yet continued spending money that was unrelated to their basic case. I can't understand that JAC could condone this waste. Thank you for all the time you give to educate us.

Bouncing off this set of questions. Would I be right in saying the following. Doesn't all the lawyers "know or are told by the client" come under attorney client privilege or work product? In reality, how can they "know" anything if they weren't there to witness crime. All they have to work with is what the client tells them. The Attorney works for the client.

Isn't this why most defense attorneys don't get into whether they did it or not and just deal with a defense to the prosecutions case?

Casey could very well of began with "The nanny did it, I am innocent" then changed her defense strategy and story up a notch to the accident story and Jose would have no other choice but to go with it or resign from her case. Other than offering legal advice on best course of action.

It doesn't matter how many stories the client throws out there for defense discussion or how many lies he thinks he is being spun. At the end of the day he works for the defendant and has to go with the story they present and so long as they aren't knowingly suborning purgery.

 

[MiraclesHappen]

Dear most revered attorneys--

Now that the DT has filed a notice of intent to appeal ICA's 4 misdemeanor convinctions, what is their deadline for filing the actual Appeal itself with the court?

One of the THs emphasized that appealing misdemeanor convinctions is a simpler (or quicker?) procedure than appealing criminal convictions.

I tried to find the answers myself on the Florida Appeals site but couldn't find the info specific to ICA's appeal. Thank you for your time and help.

:book:

Sections from FL Rules of Appellate Procedure:
Rule 9.140:

...(3) Commencement. The defendant shall file the notice prescribed by rule 9.110(d) with the clerk of the lower tribunal at any time between rendition of a final judgment and 30 days following rendition of a written order
imposing sentence. Copies shall be served on the state attorney and attorney general.

...(f) Record.
(1) Service. The clerk of the lower tribunal shall prepare and serve the record prescribed by rule 9.200 within 50 days of the filing of the notice of appeal.


...(C) Briefs. Initial briefs shall be served within 30 days of service of the record or its index.


There isn't an automatic right to go before the Supreme Ct.
It would be discretionary...up to the Court.

I believe that new indigency paperwork was filed recently.
I haven't seen what happened with that but if defendant is found to be indigent,
motions are filed to have taxpayers pay the costs of transcripts, etc.

The "Rules of Appellate Procedure" in Florida has sections which are devoted exclusively to criminal appeals. Items not included in those sections revert back to the rest of the rules which apply , as well, to Civil cases.
It's all in one volume.
Hope this helps!
MH

Just my opinion.

 

[AZlawyer]

Bouncing off this set of questions. Would I be right in saying the following. Doesn't all the lawyers "know or are told by the client" come under attorney client privilege or work product? In reality, how can they "know" anything if they weren't there to witness crime. All they have to work with is what the client tells them. The Attorney works for the client.

Isn't this why most defense attorneys don't get into whether they did it or not and just deal with a defense to the prosecutions case?

Casey could very well of began with "The nanny did it, I am innocent" then changed her defense strategy and story up a notch to the accident story and Jose would have no other choice but to go with it or resign from her case. Other than offering legal advice on best course of action.

It doesn't matter how many stories the client throws out there for defense discussion or how many lies he thinks he is being spun. At the end of the day he works for the defendant and has to go with the story they present and so long as they aren't knowingly suborning purgery.

You are correct that the defense team obviously does not "know" anything about the crime and might have to change tactics if the client changes stories.

How is it possible for a convicted felon be eligible for a passport?

Congress?