Legal Questions for our Verified Lawyers #4

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YooHoo - AZLawyer!! :seeya: Are you out and about? Bringing over an article wenwe4 has just posted re FCA's lawyers asking for a change of venue in the civil trial with ZG.

wenwe4 said:
"Anthony's lawyers cite extensive coverage of the death of the girl, 2-year-old Caylee, and the murder trial that followed. Though Anthony was cleared of all major charges, "the local media refuses to move on," her defense says.

As a result, "the overwhelming opinion of the public, especially in Orange County... is that justice was not served in the Criminal Case," they argue."

http://www.orlandosentinel.com/news...y-change-venue-civil-20120927,0,1618337.story
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I'm probably off base but despite public opinion she wasn't convicted in the criminal case so what's the deal with his whining about people's attitudes?

As always appreciate your answers!
 
logicalgirl said:
YooHoo - AZLawyer!! :seeya: Are you out and about? Bringing over an article wenwe4 has just posted re FCA's lawyers asking for a change of venue in the civil trial with ZG.



I'm probably off base but despite public opinion she wasn't convicted in the criminal case so what's the deal with his whining about people's attitudes?

As always appreciate your answers!
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Sounds like a good argument for the response brief. :)

But on the other hand, the ZG case is not in the same county where CA was found "not guilty." The people of OC perhaps feel differently from the people of PC.
 
AZlawyer said:
Sounds like a good argument for the response brief. :)

But on the other hand, the ZG case is not in the same county where CA was found "not guilty." The people of OC perhaps feel differently from the people of PC.
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So are you saying you think they will get a change of venue? Isn't this quite a turnaround by her lawyers after they have spent months saying there is no basis for this case?
 
logicalgirl said:
So are you saying you think they will get a change of venue? Isn't this quite a turnaround by her lawyers after they have spent months saying there is no basis for this case?
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No, I doubt they'll get the change of venue. It would be very unusual in a civil case.

It is not a turnaround at all to seek a change of venue even if you think the case is ridiculous. Who is more likely to accept a ridiculous claim than a biased jury? ;)
 
AZlawyer said:
No, I doubt they'll get the change of venue. It would be very unusual in a civil case.

It is not a turnaround at all to seek a change of venue even if you think the case is ridiculous. Who is more likely to accept a ridiculous claim than a biased jury? ;)
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Thanks again AzLawyer - as always your answers are very helpful to my non-legal mind.
Your second sentence (BBM) gave me a good chuckle!
 
Sorry if this has been asked, I think I read all the posts since it happened.

I was just wondering if the issue of Zenaida selling alcohol to a minor could hurt the Morgan case in any way? Would it even be brought up?

Also there was mention that there is no limit and no need to report gifts to the IRS.. only the gift giver would have to pay taxes. I was wondering if someone drew a big salary from a now defunct charity, could they then give some of that as a gift to, say, their daughter and nobody would know?
 
tragco said:
Sorry if this has been asked, I think I read all the posts since it happened.

I was just wondering if the issue of Zenaida selling alcohol to a minor could hurt the Morgan case in any way? Would it even be brought up?

Also there was mention that there is no limit and no need to report gifts to the IRS.. only the gift giver would have to pay taxes. I was wondering if someone drew a big salary from a now defunct charity, could they then give some of that as a gift to, say, their daughter and nobody would know?
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It could be brought up, yes. After all, she's suing for harm to her reputation and for the emotional damage from being confronted by the cops. If she hasn't got much of a reputation to begin with and is used to being confronted by cops (this is not her first criminal law situation IIRC), that might be an issue at trial. I'm sure Morgan will ask for the information to be excluded, but it does seem relevant to me.

You are correct that if Cindy gave her salary away to Casey, we would never know.
 
Question from the SideBar Thread

ZsaZsa said:
I've probably asked this before, but if Zenaida wins this case, is awarded hefty punitive damages- Tim Miller and Roy Kronk do the same - can Casey
then declare bankruptcy and avoid paying any of them- even though we suspect (know) that she has a Dr Phil fund hidden with the A's....?
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Intermezzo said:
Question from the SideBar Thread
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Originally Posted by ZsaZsa View Post
I've probably asked this before, but if Zenaida wins this case, is awarded hefty punitive damages- Tim Miller and Roy Kronk do the same - can Casey
then declare bankruptcy and avoid paying any of them- even though we suspect (know) that she has a Dr Phil fund hidden with the A's....?
Click to expand...

Well, I'll answer the hypothetical, but IMO that's not gonna happen. :)

I haven't done bankruptcy work in over 15 years, but IIRC you can't discharge (get rid of) punitive damages awards in bankruptcy.
 
Hi AZLawyer,
If FCA loses this appeal on her lieing conviction's can she appeal to a higher court and even apppeal to the highest court of the land eventually to keep this going on for years and years to come.
Thank you for your time AZ.
 
wonders said:
Hi AZLawyer,
If FCA loses this appeal on her lieing conviction's can she appeal to a higher court and even apppeal to the highest court of the land eventually to keep this going on for years and years to come.
Thank you for your time AZ.
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She could appeal, but none of the higher courts are required to take the case.
 
watcher9 said:
Since FCA is deemed to be indigent for the purpose of this appeal, would all the expenses for a change of venue then have to be paid by the State of FL? What about the expenses of an appeal(s) if necessary?
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The original question was about the ZG civil case, not about the criminal case appeal. There is no "change of venue" option for the appeal, because there is no jury.

I am not aware of any option for Casey to have the state cover her fees or expenses for the civil case or for any appeal of that case.
 
Hi AZlawyer, Not sure if this has been asked before. Can ZG, Roy Kronk or anyone else put a lien on any of her future earnings?
 
shotzy said:
Hi AZlawyer, Not sure if this has been asked before. Can ZG, Roy Kronk or anyone else put a lien on any of her future earnings?
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Well, first of all, they would have to get a judgment against her, which means they would have to win a lawsuit.

After that, they could garnish her wages as a means of collecting the judgment--assuming she ever gets a job.
 
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