Legal Questions for our VERIFIED Lawyers - Q & A ONLY ***No Discussion***

[howonkee]

This new information has come to light on Feb 25, just a couple days ago (per the following link) that the US Supreme Court has ruled that Florida's death penalty process is unconstitutional. Is it possible that CWW's lawyer didn't know this and the guilty plea deal was partially based on avoiding the death penalty? Would it have been legal for LE to even offer such a deal? And does that ruling stand for any DP cases going forward until Florida does something and petitions the court to reinstate it? It would be nice to know when and why it was ruled to be unconstitutional but the story doesn't say.

http://www.fox13news.com/news/local-news/97657749-story

 

[AZlawyer]

This new information has come to light on Feb 25, just a couple days ago (per the following link) that the US Supreme Court has ruled that Florida's death penalty process is unconstitutional. Is it possible that CWW's lawyer didn't know this and the guilty plea deal was partially based on avoiding the death penalty? Would it have been legal for LE to even offer such a deal? And does that ruling stand for any DP cases going forward until Florida does something and petitions the court to reinstate it? It would be nice to know when and why it was ruled to be unconstitutional but the story doesn't say.

http://www.fox13news.com/news/local-news/97657749-story

I saw that one Florida judge interpreted the recent US Supreme Court case (which I think came out in January) as meaning that there is no Florida death penalty scheme in effect at all until a new one is enacted. I think that judge overinterpreted the case. I think the impact of the case was just that judges can't override jury recommendations re: aggravating factors. So IMHO just a small part of the Florida death penalty scheme was invalidated.

In any event, yes, it would have been legal for the prosecution (not LE) to offer the deal either way. The prosecutors and defense counsel have equal information about US Supreme Court cases, and CWW avoided more than just the death penalty--he avoided a life sentence.

 

[Webjunkie]

If the US Supreme Court has ruled that Florida's death penalty process is unconstitutional, does that refer to the lethal injection controversy? In other words, the death penalty is still intact, just not the means. They could use electric chair or firing squad or throwing stones??? Maybe they could throw hammers...that might work.

 

[Dmacky]

I looked for at least 10 minutes for your thread AZlawyer. It was buried on page 2! How dare we insinuate that MS's recent arrest is more interesting or informative than you are :no: Who even knew that there was a page 2? :thinking: Apparently NOT me

My question is, did MS have to give LE his phone? If not (which I'm assuming) do you think he did it as a way of saying he had nothing to hide? Thinking since had had deleted everything it was gone?...Or not thinking at all because he was scared.
Then after sleeping on it, he figured LE would find the video's, so with his next and final interview, he came clean about his affairs.
He handed LE a lot of evidence quickly when he gave them his phone. e.g. burner phone info, affairs TAPED on video

Sorry about my run-on sentences (I am VERY BAD about that) it seems my mind rambles much faster than my little fat fingers do.

I meant to say NOT me...(on the who knew there was a page 2.)
Actually, I just wanted to bump this page back up to the top again.

Wondering if the mods can keep her on the top with a sticky something or other? I don't know the correct terminology

 

[AZlawyer]

If the US Supreme Court has ruled that Florida's death penalty process is unconstitutional, does that refer to the lethal injection controversy? In other words, the death penalty is still intact, just not the means. They could use electric chair or firing squad or throwing stones??? Maybe they could throw hammers...that might work.

The recent case had nothing to do with the means. It was about the right to have a jury decide all facts that result in the death penalty being imposed.

 

[Bobbywoo]

AZ, do you think LE can also add a federal charge to this since MS (probably) sent CWW a burner phone or hit money through the US mail? Or that CWW stole a piece of TS's Mail? Just grasping at straws because the thought of CWW getting out in 20 years drives me nuts.

 

[No it's not]

AZ, do you think LE can also add a federal charge to this since MS (probably) sent CWW a burner phone or hit money through the US mail? Or that CWW stole a piece of TS's Mail? Just grasping at straws because the thought of CWW getting out in 20 years drives me nuts.

Same question here adding the Murder for Hire (18 U.S.C. Section 1958), communicating the request by phone, mail, or the Internet

-Nin

 

[AZlawyer]

AZ, do you think LE can also add a federal charge to this since MS (probably) sent CWW a burner phone or hit money through the US mail? Or that CWW stole a piece of TS's Mail? Just grasping at straws because the thought of CWW getting out in 20 years drives me nuts.

Same question here adding the Murder for Hire (18 U.S.C. Section 1958), communicating the request by phone, mail, or the Internet

-Nin

Probably, but I doubt the federal prosecutors will think this case is worth their while. Lots of murderers get out in 20 years or so--it's not considered a shockingly easy sentence.

 

[MsJosie]

Asking any attorney....I asked on thread that closed...

How can MS ask for a COURT appointed attorney to represent him in the custody case...but have a private attorney in the murder case? MS asked for the court attorney to represent him in all future custody hearings....not representing the girls but him.

How can he have it both ways? Thanks

 

[AZlawyer]

Asking any attorney....I asked on thread that closed...

How can MS ask for a COURT appointed attorney to represent him in the custody case...but have a private attorney in the murder case? MS asked for the court attorney to represent him in all future custody hearings....not representing the girls but him.

How can he have it both ways? Thanks

Perhaps he was able to pay for his criminal attorney (many times they work for a flat fee paid up front) but is now out of money for the custody case. Also, perhaps he cares more about the outcome of the criminal case than he does about the custody case. JMO on that last one.

 

[Zuri]

Thank you AZL for being always here for us! You are truly so wonderful helping us understand the legal process.

Creepingskills too! Thank you!

 

[flgrl017]

If he were to try and post bond would they make him pay for this court appointed attorney first?

 

[SurfieTX]

Are assets considered for a court appointed attorney, like a motorcycle or Mercedes?

 

[AZlawyer]

If he were to try and post bond would they make him pay for this court appointed attorney first?

I sure hope so. But if he somehow got the bond money from someone who was only willing to provide $ for that one purpose, it wouldn't count.

Are assets considered for a court appointed attorney, like a motorcycle or Mercedes?

Yes.

I suspect that MS may not be found indigent once the court clerk has a chance to investigate, but if he filled out the form with the right boxes checked off, they have to take his word for it for purposes of any emergency hearings like the one held today. Later, his application might be rejected and he might have to reimburse the state for the cost of the court-appointed attorney up to that point.

 

[MsJosie]

Thank you AZ...so many questions we have after a bombshell....you are so patient and east to understand. :loveyou: from all WS

 

[No it's not]

Greetings,

I have a question regarding the official charges of MS and JR:

MS and JR have both been officially charged yesterday by the SAO with each one count of second-degree murder and one count of conspiracy to commit murder. Does that mean they will upper the second-degree murder charge without to with premeditation? Hard to consolidate the logic between the two charges otherwise.

Thank you much!

-Nin

 

[AZlawyer]

Greetings,

I have a question regarding the official charges of MS and JR:

MS and JR have both been officially charged yesterday by the SAO with each one count of second-degree murder and one count of conspiracy to commit murder. Does that mean they will upper the second-degree murder charge without to with premeditation? Hard to consolidate the logic between the two charges otherwise.

Thank you much!

-Nin

No. First of all, the charges are not supposed to make sense at this stage lol--they are just supposed to be things the prosecutors know they can hold them for until they can get a grand jury indictment for 1st degree murder.

Second, there is no such thing as "second degree murder with premeditation." The 2 types of second degree murder in Florida are (1) Fla. Stat. Ann. 782.04(2) (second degree murder WITHOUT premeditation), and (2) Fla. Stat. Ann. 782.04(3) (felony murder where the defendant didn't commit the killing personally (e.g., co-defendant kills a clerk during a convenience store robbery), which also doesn't involve premeditation by the defendant).

http://www.leg.state.fl.us/Statutes...tute&URL=0700-0799/0782/Sections/0782.04.html

 

[No it's not]

No. First of all, the charges are not supposed to make sense at this stage lol--they are just supposed to be things the prosecutors know they can hold them for until they can get a grand jury indictment for 1st degree murder.

Second, there is no such thing as "second degree murder with premeditation." The 2 types of second degree murder in Florida are (1) Fla. Stat. Ann. 782.04(2) (second degree murder WITHOUT premeditation), and (2) Fla. Stat. Ann. 782.04(3) (felony murder where the defendant didn't commit the killing personally (e.g., co-defendant kills a clerk during a convenience store robbery), which also doesn't involve premeditation by the defendant).

http://www.leg.state.fl.us/Statutes...tute&URL=0700-0799/0782/Sections/0782.04.html

Thank you very much for your reply, AZlawyer. The charges do not make much sense, especially the CONSPIRACY TO COMMIT 2ND DEG MURDER DANGEROUS DEPRAVED WO PREMEDITATION (Conspiracy)..

-Nin

 

[Frigga]

Hey AZ or Creepingskills- with formal charges being filed today does that mean discovery will be coming forthwith? Thanks for all you do- it's much appreciated- Frigga

 

[AZlawyer]

Hey AZ or Creepingskills- with formal charges being filed today does that mean discovery will be coming forthwith? Thanks for all you do- it's much appreciated- Frigga

Pretty soon, yes, although of course much of it will overlap with what was sent to CWW's lawyers. In fact, I expect the first batch will be a compilation of everything CWW's lawyers have received thus far.

I wonder if there's some way to make sure WS doesn't pay for duplicate discovery?