Legal Questions for our Verified Lawyers #4

[uklaw]

I think this would have been a big deal and probably grounds for reversal IF Casey had been convicted. Since she was acquitted, no big deal, except obviously as an internal matter OSCO and the SA office ought to be talking about the importance of ensuring that this type of information is disclosed to defense teams ASAP and corrected if incorrect information is presented to a jury.



Generally, with some exceptions and with differences from state to state, felonies are punishable by more than a year in prison and therefore carry with them greater procedural protections for the defendant.

Stemming off of this, does a Brady violation constitute Structural Error? (I started reading through this 36 page article on error types, etc and then realised you probably would know the answer )

And if it does would such an error effect the conviction because the structural error occurred during the trial of the misdemeanour charges (which was also the trial of the homicide and child abuse charges)?

 

[MiraclesHappen]

just a general question: what are the main differences between a felony and misdemeanor? i know a felony is more severe and i know a few other things but i'm not sure if they are all true

Florida Statutes:

Chapter775:

Title XLVI
CRIMES Chapter 775
DEFINITIONS; GENERAL PENALTIES; REGISTRATION OF CRIMINALS View Entire Chapter

775.08 Classes and definitions of offenses.—When used in the laws of this state:
(1) The term “felony” shall mean any criminal offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by death or imprisonment in a state penitentiary. “State penitentiary” shall include state correctional facilities. A person shall be imprisoned in the state penitentiary for each sentence which, except an extended term, exceeds 1 year.


(2) The term “misdemeanor” shall mean any criminal offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by a term of imprisonment in a county correctional facility, except an extended term, not in excess of 1 year. The term “misdemeanor” shall not mean a conviction for any noncriminal traffic violation of any provision of chapter 316 or any municipal or county ordinance.

Just to add to Atty Az,

Each state has it's own definitions but Florida, noted above , has the standard differences.

Felonies carry the possibility of state prison (vs county jail) time.

A defendant therefore, upon a felony conviction, can be sentenced to state prison or to a lesser term which is capped by statute if served in a county jail.

If a defendant is convicted of a misdemeanor charge , time is served at a county jail. The option of state prison is not available as a sentence.

The local county courts will have jurisdiction over misdemeanors but in general, felonies are handled at the next "step up."
That is Circuit Court in Florida.

It's a felony conviction that carries loss of certain basic civil rights and tends to haunt the defendant down the road.

My Opinion,
Hope this helps,
MH

 

[AZlawyer]

Stemming off of this, does a Brady violation constitute Structural Error? (I started reading through this 36 page article on error types, etc and then realised you probably would know the answer )

And if it does would such an error effect the conviction because the structural error occurred during the trial of the misdemeanour charges (which was also the trial of the homicide and child abuse charges)?

No, it wouldn't be a structural error, and IMO is so unrelated to the misdemeanor charges that the error did not "spill over" to taint the trial of the misdemeanor charges (especially considering that the defense strategy was to admit guilt on the misdemeanor charges).

 

[bonniez451]

Hello, I haven't seen this asked and if it has I apologize.
How long after a notice of intent is filed is it good for?
Thanx much

 

[AZlawyer]

Hello, I haven't seen this asked and if it has I apologize.
How long after a notice of intent is filed is it good for?
Thanx much

If you're asking about the notice of appeal, the notice starts the actual appeal. Nothing else has to be filed to start the appeal. Within 80 days, the opening brief should be filed, but the appeal has already started.

 

[bonniez451]

If you're asking about the notice of appeal, the notice starts the actual appeal. Nothing else has to be filed to start the appeal. Within 80 days, the opening brief should be filed, but the appeal has already started.

Oh, ok. And I guess if a time was given they would ask for an extension,also I suppose as long as there is a pro bono attorney that is how long all this will last.
Thank you for your time I have certainly learned much these last couple of years and I most certainly appreciate it.

 

[denjet]

Once again, I'm baffled ... and legally challenged ... LOL

What on earth is a finding of materiality contained in the defense's recent appeal of the lying to LE charges ...

I understand that they're arguing double jeopardy and, once again, Miranda but haven't a clue about the last item listed ...

Casey Anthony is appealing her convictions

The documents, submitted by defense attorney Lisabeth Fryer, state:

The ruling of the Court in denying Defendant's motion to vacate/set aside convictions based on double jeopardy in the above-styled cause.

The rulings of the Court in denying Defendant's various motions and objections to the admissibility of Defendant's statements to law enforcement, as those statements were not made voluntarily;

The ruling of the Court in denying Defendant's request to require a finding of materiality in Florida Statute § 837.055.

Thanks in advance :seeya:

 

[crimesnooper]

It has been reported that C and GA want to or have started a foundation. I know the rules regarding 501 c3 non profits..but I know foundation are somehwat different. They want to draw salaries becuase they can not work. Can they do this? Can CA write a book and funnel it through the foundation an d avoid taxes. What kind of oversight is there, as in board members ect, that could srcutinize how they spend donations. Thanks

 

[uklaw]

By Amy Pavuk, Orlando Sentinel
5:06 p.m. EDT, July 20, 2011

The attorneys representing Fernandez-Gonzalez wanted to question Anthony under oath this week, but a judge denied that request and set her deposition for October.

In their lasted filing, attorney John Dill said he wants Anthony to produce all documents related to any psychological or psychiatric evaluations.

That includes, per the request, "mental health treatment you have received, including diagnoses, treatment plans, and prescriptions."

The attorneys also want Anthony to produce all documents related to offers of "any type" made to her or her representatives for "interviews, television show appearances, movies, books, magazines, newspapers, advertisements, literature

Does anyone know of the relevancy of the documents being requested to the defamation lawsuit?

 

[AZlawyer]

Once again, I'm baffled ... and legally challenged ... LOL

What on earth is a finding of materiality contained in the defense's recent appeal of the lying to LE charges ...

I understand that they're arguing double jeopardy and, once again, Miranda but haven't a clue about the last item listed ...

Casey Anthony is appealing her convictions

The documents, submitted by defense attorney Lisabeth Fryer, state:

The ruling of the Court in denying Defendant's motion to vacate/set aside convictions based on double jeopardy in the above-styled cause.

The rulings of the Court in denying Defendant's various motions and objections to the admissibility of Defendant's statements to law enforcement, as those statements were not made voluntarily;

The ruling of the Court in denying Defendant's request to require a finding of materiality in Florida Statute § 837.055.

Thanks in advance :seeya:

I think the defense team requested that the jury be required to find that the lies were material to LE's investigation (rather than just lies on unimportant issues).

It has been reported that C and GA want to or have started a foundation. I know the rules regarding 501 c3 non profits..but I know foundation are somehwat different. They want to draw salaries becuase they can not work. Can they do this? Can CA write a book and funnel it through the foundation an d avoid taxes. What kind of oversight is there, as in board members ect, that could srcutinize how they spend donations. Thanks

Yes, they will be able to draw salaries and IMO could also funnel book profits toward the foundation.

Does anyone know of the relevancy of the documents being requested to the defamation lawsuit?

I sure don't.

 

[TxLady2]

Does anyone know of the relevancy of the documents being requested to the defamation lawsuit?

Sounds to me like ZG's lawyers want a cut of any deal Casey has made or will make. I don't see how that is relevant to her case, but what do I know?

 

[AZlawyer]

Sounds to me like ZG's lawyers want a cut of any deal Casey has made or will make. I don't see how that is relevant to her case, but what do I know?

If she had already obtained a judgment against Casey, it might make sense. At this point, I don't see the relevance.

 

[Katprint]

If she had already obtained a judgment against Casey, it might make sense. At this point, I don't see the relevance.

Some jurisdictions allow discovery concerning future collectability of civil judgments. In theory, this encourages parties to settle their claims. The plaintiff is allowed to discover what the limits of any insurance coverage are so they can make a policy-limits demand and/or evaluate settlement offers realistically. If a defendant is essentially judgment-proof i.e. has no money and no likelihood of receiving money in the foreseeable future then the plaintiff's attorneys would presumably take that into consideration when calculating the risks/benefits of spending more of their time, money and effort on further litigation.

In some jurisdictions, it is possible to obtain a pre-judgment Writ of Attachment on assets even if those assets are intangible intellectual property rights. In California, such a Writ requires a showing of probable success on the claim against the defendant and the plaintiff/claimant is required to post a bond; I'm not sure what the requirements might be in Florida.

Also, evidence of net worth (again, including inchoate not-yet-realized intangible assets such as the value of Casey's right of publicity) may be relevant to the issue of punitive damages for the intentional tort of Defamation.

I'm really not seeing any way Morgan is going to get Casey's psych evaluations. Well, maybe if Casey continues to pursue her cross-complaint against ZFG then perhaps Casey may be putting her emotional/psychiatric condition in issue, for any claimed emotional/psychological injuries resulting from whatever wrongdoing Casey's cross-complaint is supposed to be based on. But that's a stretch IMO.

Katprint
Always only my own opinions

 

[HOPE4CAYLEE]

Can Baez have her felonys exsponged? Also if he can then she could go to school to become a lawyer or anything she wanted right?

Also Baez said something awhile back about sueing OCSD and if the claim of her time served is wrong (after the court hearing)can he still do this?
Is it possible for him to win? Pleae let me down lightly,for my heart is still bleeding for a little angel called Caylee Marie.
Thanks for all you have done and God Bless You.

 

[uklaw]

Does the caylee's law requirement to notify of death violate 5th amendment since death of the alleged victim is an essential element of homicide charges? Use immunity on its own would surely be insufficient to comply with fifth amendment and use and derivative would be impractical and defeat the purpose of the law.

Tia

 

[TxLady2]

If she had already obtained a judgment against Casey, it might make sense. At this point, I don't see the relevance.

Thank you for your answer. Personally, I've never seen the relevance in this whole ZG lawsuit anyway, and I thought Morgan was overstepping, but that's just me.

 

[Controversialist]

With respect to ICA's convictions on counts 4-7 (lying to LE):

I assume that when the trial started, the state and defense had already agreed on these four lies. Did the defense ever contest them?

If not, I'm wondering why the jury deliberated on these at all. Could the jury actually have acquitted ICA on these four counts?

And if the jury did this, would ICA be somehow compensated for her three years in jail? :innocent: :crazy:

Thanks.

 

[AZlawyer]

Can Baez have her felonys exsponged? Also if he can then she could go to school to become a lawyer or anything she wanted right?

Also Baez said something awhile back about sueing OCSD and if the claim of her time served is wrong (after the court hearing)can he still do this?
Is it possible for him to win? Pleae let me down lightly,for my heart is still bleeding for a little angel called Caylee Marie.
Thanks for all you have done and God Bless You.

She can probably get her felonies expunged eventually--perhaps in 5-10 years. Plenty of law schools will let her go to their schools without doing so, however. Of course, she'd have to graduate from high school and get an undergrad degree first!

Casey is not going to win a law suit for being held in jail--even if she had been found not guilty on ALL counts, she would not win such a lawsuit. Based on the evidence, it was reasonable and proper to detain her and to take this case to trial.

Does the caylee's law requirement to notify of death violate 5th amendment since death of the alleged victim is an essential element of homicide charges? Use immunity on its own would surely be insufficient to comply with fifth amendment and use and derivative would be impractical and defeat the purpose of the law.

Tia

Interesting question. My "gut feeling" response is that the law itself would not be unconstitutional, but that anyone charged with violating the law and also with other criminal activity causing the death could defend on the basis that the failure to report was justified under the 5th Amendment.

With respect to ICA's convictions on counts 4-7 (lying to LE):

I assume that when the trial started, the state and defense had already agreed on these four lies. Did the defense ever contest them?

If not, I'm wondering why the jury deliberated on these at all. Could the jury actually have acquitted ICA on these four counts?

And if the jury did this, would ICA be somehow compensated for her three years in jail? :innocent: :crazy:

Thanks.

The defense never admitted guilt regarding these charges, and Baez's opening statement cannot be used as evidence. This is why the SA had to present evidence that Casey made the statements alleged, and that LE investigated those statements and found them to be false.

Yes, the jury could have acquitted her on those counts.

As I mentioned in response to another question above, I don't believe there is any chance Casey would prevail on a lawsuit seeking compensation for her jail time.

 

[ZsaZsa]

So, if Caylee's law is enacted, the intent is to ensure that if a child is missing then the responsible adult is required to notify LE in a timely manner... but if that responsible adult has killed the child, then they are not required to notify LE since that would be self-incriminating...? Do I have that right?
What would be the point of the law?

 

[mombomb]

I halfway heard a teaser on WESH for the 11:00 news. I think they said that the state Civil Rights Union was launching an investigation into the way ICA was released from the jail. Do you know what this could be about?

TIA:crazy: