Legal Questions for our Verified Lawyers #4

[lajones81]

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:

Casey Anthony Release Mishandled, Civil Rights Org. Says

http://www.wesh.com/casey-anthony-extended-coverage/28626272/detail.html

 

[MissJames]

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

IIRC the PT had begun the deposition with at least one of the Drs. (psychologist /psychiatrist) when JB called HHJP and asked that it be stopped,then he withdrew them as witnesses.
Could Morgan request that deposition?

 

[ZsaZsa]

Did ICA drop her counter-suit against ZG?

 

[Psmith]

Did ICA drop her counter-suit against ZG?

I was wondering the same thing.

okiedokietoo posted two items from the County Clerk in the daily news thread.
[ame="http://www.websleuths.com/forums/showthread.php?p=6937585#post6937585"]2011.07.21 Today's Current News **NO DISCUSSION HERE PLEASE** - Websleuths Crime Sleuthing Community[/ame]

Both documents bear the words "voluntary dismissal." The first doc is a "deposition." The second doc is a "notice" with the words "dismissal of amended counterclaim" in the title.

Love to see those docs!

 

[okiedokietoo]

Does the main attorney have to be in court for Plea Hearings or can they send someone else from their office? Reason I ask is that Jose has a client that has a Plea Hearing 7/22/2011 9:00am - felony charges

 

[AZlawyer]

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?

Yes, I think you have it right. The point of the law is to pretend that something is being done that would have helped Caylee.

IIRC the PT had begun the deposition with at least one of the Drs. (psychologist /psychiatrist) when JB called HHJP and asked that it be stopped,then he withdrew them as witnesses.
Could Morgan request that deposition?

I doubt it. What does it have to do with his lawsuit?

Did ICA drop her counter-suit against ZG?

Looks like it.

Does the main attorney have to be in court for Plea Hearings or can they send someone else from their office? Reason I ask is that Jose has a client that has a Plea Hearing 7/22/2011 9:00am - felony charges

He could send someone else from his office.

 

[askfornina]

i am reading that the statute of limitations on wrongful death suits in florida is 2 years. under what circumstances would this 2 year rule not apply?

does the time limit have anything to do with when you learn there was a wrongful death?

specifically, would the 2 year limit start the day JB made the opening statements?

i do not believe this is true, but i seek to clarify this point for poster Dr.Fessel.

 

[rossva]

Is this correct: Even though opening statements are not considered evidence, I still believe, that as an officer of the ciourt, Baez could not knowingly lie in them. I will post this in the verified lawyers thread too, to be sure. But if Baez said that in his opening statement, it had to be becauser that is what Casey told him. Same with the accusations of molestation. Again, it's my belief, that if Baez said them, Casey had to have told him, and he had to reasonably believe they were true.

 

[rotterdam]

In this twisted story and the possibility that the grandparents could end up raking in more money than KC, could KC sue her parents for wrongful death?
1. Cindy left the ladder up by her own admission.
2. Possibly implicate George since he was there according to the OS and he did not call 911. And he was the one that found Caylee in the pool. Yeah, in your dreams.
3. Because Cindy is on the deed for the teepee where the tragedy suppose to have occurred. .

Nothing would surprise me in that family.

 

[grandmaj]

This is a no discussion thread folks. Ask the lawyers a question. Only lawyers answer the questions. Thanks.

 

[askfornina]

who can file a wrongful death suit in florida? i have heard that no one in this case can, except the father and he would not really have a good case. am i correct in understanding that cindy and george cannot because they did not depend on caylee financially? it is my understanding that grandparents cannot file a wrongful death suit, and the only way they could is if they depended on caylee to support them.

 

[MiraclesHappen]

who can file a wrongful death suit in florida? i have heard that no one in this case can, except the father and he would not really have a good case. am i correct in understanding that cindy and george cannot because they did not depend on caylee financially? it is my understanding that grandparents cannot file a wrongful death suit, and the only way they could is if they depended on caylee to support them.

The issue is one of standing.

You need "standing" to bring the action. "Standing" is simply the right to bring any particular cause of action.


From Florida's wrongful death statutes:


768.18 Definitions.—As used in ss. 768.16-768.26:
(1) “Survivors” means the decedent’s spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. It includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child’s support.


That is where the language about support is coming from.

Of course, nothing says an attorney cannot bring the action and argue that someone has standing.....as long as it is based in sound legal argument. That action would be subject to a motion to dismiss based on the argument that the Plaintiffs lacked standing.

Other than that, I am out of my element in discussion of civil actions but those would be basics.

Oh,
It would appear, since the defendant was aquitted, that as the other parent, she would have standing....not just the father.
It would have to be alleged that someone else had caused the child's death, of course. Now I'm not saying that is going to happen. (Don't want to start a commotion.) I am only pointing out the list of potential plaintiffs in a wronful death action brought on behalf of Caylee.

Since my area of expertise is only crimal law, if I am mistaken I would welcome correction. I see nothing in the statute that precludes that, though.

Sharing My opinion,
MH
Hope this helps

 

[RR0004]

The issue is one of standing.

You need "standing" to bring the action. "Standing" is simply the right to bring any particular cause of action.


From Florida's wrongful death statutes:


768.18 Definitions.—As used in ss. 768.16-768.26:
(1) “Survivors” means the decedent’s spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. It includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child’s support.


That is where the language about support is coming from.

Of course, nothing says an attorney cannot bring the action and argue that someone has standing.....as long as it is based in sound legal argument. That action would be subject to a motion to dismiss based on the argument that the Plaintiffs lacked standing.

Other than that, I am out of my element in discussion of civil actions but those would be basics.

Oh,
It would appear, since the defendant was aquitted, that as the other parent, she would have standing....not just the father.
It would have to be alleged that someone else had caused the child's death, of course. Now I'm not saying that is going to happen. (Don't want to start a commotion.) I am only pointing out the list of potential plaintiffs in a wronful death action brought on behalf of Caylee.

Since my area of expertise is only crimal law, if I am mistaken I would welcome correction. I see nothing in the statute that precludes that, though.

Sharing My opinion,
MH
Hope this helps

BBM- do you happen to know if this has ever happened? I guess I'm waiting for Caylee's miracle to happen. oxox

 

[MiraclesHappen]

In this twisted story and the possibility that the grandparents could end up raking in more money than KC, could KC sue her parents for wrongful death?
1. Cindy left the ladder up by her own admission.
2. Possibly implicate George since he was there according to the OS and he did not call 911. And he was the one that found Caylee in the pool. Yeah, in your dreams.
3. Because Cindy is on the deed for the teepee where the tragedy suppose to have occurred. .

Nothing would surprise me in that family.

Sorry I missed this.

As per standing, It appears that Casey has a statutory (and I stress the word "statutory") right to bring an action on behalf of Caylee.
She would need a basis to bring that suit, though.
I cannot see an atty bringing such a high profile civil lawsuit unless based in sound factual allegations.

Don't see the connection between liability and being a property owner here.
Other types of negligence maybe...for example, the giant stone column attached to the house fell over and injured a passer-by..... but not here.

Not saying there's a stone column on Hopespring...Just an example of when ownership would seem more connected to liability issues.....The stone column being located on top of the crushed deceased.

If we are talking about suing Cindy as being a negligent owner who failed to prevent a drowning, there is still the need to prove the fact of the drowning.
Where's the evidence for that? Thus, do not foresee that happening.

Sharing My Opinion,
MH
Hope this helps and doesn't cause confusion:seeya:
As always, I welcome correction from one of the posters who is more fluent in "Civilese," my area being criminal law, criminal trials, etc.

 

[Thinker Belle]

I'm not sure if a lawyer knows the answer to this question but I'll ask just in case:

Now that the case is closed, will Caylee's cause of death be changed? Or will it still be homicide by undetermined means?

TIA

 

[AZlawyer]

i am reading that the statute of limitations on wrongful death suits in florida is 2 years. under what circumstances would this 2 year rule not apply?

does the time limit have anything to do with when you learn there was a wrongful death?

specifically, would the 2 year limit start the day JB made the opening statements?

i do not believe this is true, but i seek to clarify this point for poster Dr.Fessel.

Florida follows the "discovery rule" (which is what you describe above) in some cases, but not in wrongful death cases. So yes, apparently the statute of limitations would have been 2 years from the date of death.

Is this correct: Even though opening statements are not considered evidence, I still believe, that as an officer of the ciourt, Baez could not knowingly lie in them. I will post this in the verified lawyers thread too, to be sure. But if Baez said that in his opening statement, it had to be becauser that is what Casey told him. Same with the accusations of molestation. Again, it's my belief, that if Baez said them, Casey had to have told him, and he had to reasonably believe they were true.

Baez had to reasonably believe that evidence would be presented to the jury from which they could reasonably infer the "facts" he set forth in the opening statement. He did not have to have a personal belief in the truth of those facts, and did not necessarily have to get the facts from his client, although in this case he probably did.

I'm not sure if a lawyer knows the answer to this question but I'll ask just in case:

Now that the case is closed, will Caylee's cause of death be changed? Or will it still be homicide by undetermined means?

TIA

I don't see why the cause of death would be changed. The evidence has not changed.

 

[DesSands]

I'm still baffled about a couple of matters. One is Judge Strickland sentenced CA to time served + 1 yr. probation (With the stipulation that would apply ONLY if she was convicted of murder or the lesser included offenses) for the check chgs. Re: Amy H.
Ok then we have 4 seperate counts of lying to LE which was to run consecutively. So that's where she served 1047 or however many days. Now that was her sentence for lying to LE.
Is it possible HHJP didn't catch the stipulation Judge Strickland put in there?
I realize they have good time and gain time in Fla. but she served less than 4 yrs. which was a seperate sentence for lying to LE. Actually she served less than 3 !! She was out on bail thanks to LP, who she spit on too. But how does this girl walk with all of these chgs?
He couldn't have taken into consideration that the time served was strictly for check chgs. I believe she still needs to serve her 4 yrs. for the lies!!
I say she goes back to Jail :maddening:
Perhaps I'm not understanding, that's why I'm asking and confused a bit. If this IT hasn't gotten a sweetheart deal, I don't know of anyone else who has.
Since when is probation served in jail? It's all simply not right. :banghead:

 

[AuburnSchnauzer]

Maybe this has been discussed here before, but was there a Life Insurance Policy on Caylee Marie Anthony? If so, do we know or can we know the details? Thanks in Advance.

 

[MiraclesHappen]

Finally, some better news for those who seek justice:
In 2010, in Florida, legislation changed the 2 year bar for wrongful death actions:


Back In 2010, then Governor Charlie Crist signed into law what is know as "The Jeffrey Klee Memorial Act."

What happened with Jeffrey Klee:
In 1977, Jeffrey Walter Klee, 18 years old, vanished shortly after graduating from high school .
When his body was discovered under water in a van, in 2008, law enforcement was able to obtain a confession from his killer.
At that time, the statute of limitations in Florida prevented Klee's family from bringing a civil suit against the killer for Jeffrey Klee's wrongful death.

The Jeffrey Klee Memorial Act which was signed into law in 2010 effectively removed the old 2 year bar to an action for wrongful death in Florida.
While the act did not benefit the Klee family, it substantially expands the rights of victims following enactment of the new law.


http://laws.flrules.org/2010/45

Hope this helps,

Sharing my opinions,
MH:seeya:

 

[rotterdam]

Since many have questioned why the DT did not disclose the accidental drowning (theory) many moons ago, is it remotely possible that they did?
Is it possible that is was ( rightfully IMO) rejected by the PT (unknown to us), during an attempted plea bargain and therefor no plea deal could be reached.
Are such unsuccessful plea bargains sealed from the public?

BTW "The Jeffrey Klee memorial Act" made my day. You have no idea how much. Tks so much "MH" for that very valuable/important post. Just hitting the thank you button was not enough.
However, since the Act was signed into law in 2010, would it still apply to Caylee who died in 2008.