Local 6 - DP motion just DENIED

[RR0004]

"Legal facts!" :floorlaugh: Hey! Hey! Hey! We need to get squared away here. We want our WSers to be smart on these things. "Facts" are things that happened in the case. "Law" consists of the Constitutions (federal and state), statutes, ordinances, regulations (if binding), and case law (opinions of higher courts that are binding on the trial court's jurisdiction). Attorneys make offers of proof of facts (what they anticipate the witnesses would say or evidence would show) and apply the law to those facts to argue their conclusions. IRAC Issue, rules, analysis and conclusions.

So then you're saying that JS was using JA's impassioned version of the facts to base his decision...and NOT the law?

PS- and surely you were not lauging at me for trying to explain.

 

[Just Jayla]

Since this is a Death Penalty trial, appeals are automatic. (Yes, we will hear about this case and appeals for many years if she is convicted.) Just part of the U.S. Justice System. If you are asking can KC apply for "Habeas Rights/Inefficiency of Counsel", well she probably will try, the outcome of that depends on the attorneys that handle the actual murder trial, and how efficient those attorneys are. I am guessing the stars will be immaculately efficient.

I was impressed with how quickly we dispatched with John Mohammed, the DC sniper, hopefully Florida will be nearly as timely.

 

[21merc7]

I am familiar with the right to an appeal but you just don't win, they have to have legal causation. I don't know what defense Casey would use but it seems to me the judge keeps talking about evidence and as far as I remember there hasn't been a evidentiary hearing yet.

http://www.leg.state.fl.us/statutes...TM&Title=->2009->Ch0090->Section 104#0090.104

I would think it will once the murder trial process has begun. We have just being seeing "Motions Hearings" that happen prior to trial and straighten out where this is headed legally, no real murder trial yet. Perhaps Themis is still on and can explain in legal terminology.

 

[DollyPardonMe]

If KC does get Life in prison, she will spend the rest of her life blaming others. I don't think she will ever take the blame for her actions. It was Her mother's overbearing or her father's gambling and drinking. Jesse did it, or maybe it was Kronk..Even if she knows it was herself..She is in so much denial she will never look deep within herself. BUT maybe if she does get the death penalty, for that one second in time when they give her the injection..she will have that brief moment when she will think..Oh dang, What have I done!! That's when I will be glad she got the DP!!

 

[legalmania]

You stated above: "It's obvious there is no love loss between this judge and Baez, but that may be the very thing that gets the defense and appeal."

I have only seen the Judge being very patient with the Defense, even with all their motions and nonsense last year. So many unprofessional remarks made by the defense last year in his court room.

I see nothing that would even lead me to think of a reason to approve an appeal down the road because of this Judge..


Did I miss something?

TIA

I've seen a few remarks here and there by the judge that bother me. Can I quote them no. I just think when a judge doesn't like the strategy of an attorney he needs to be careful on how he handles the case. IMO.

 

[RR0004]

I was impressed with how quickly we dispatched with John Mohammed, the DC sniper, hopefully Florida will be nearly as timely.

That was pdq...have to commend the state of Virginia.

 

[21merc7]

DollyPardonMe;

You are right, KC will never admit it. Even if it was just youthful mental illness, I doubt she will accept full responsibility. Unless Bertha slaps it into her.

 

[wantsjustice]

I've seen a few remarks here and there by the judge that bother me. Can I quote them no. I just think when a judge doesn't like the strategy of an attorney he needs to be careful on how he handles the case. IMO.

Fair enough.. I just have not seen or heard "Anything" that gives me Any concerns.. A Judge needs to control his or her court room to a point. I think the judge in the case has been nothing but overly patient with the defense to date..but we can disagree.
thx

 

[legalmania]

I would think it will once the murder trial process has begun. We have just being seeing "Motions Hearings" that happen prior to trial and straighten out where this is headed legally, no real murder trial yet. Perhaps Themis is still on and can explain in legal terminology.

I studied law and worked for lawyers for many years, but I didn't care for criminal so, I switched to civil. Did you mean legal rules and procedure? They are still going through discovery. I have a feeling that the Baez team is going to be asking for a mistrial a lot during the trial.

 

[gibby207]

My favorite topic. :dance: Catch-22. KC is damned if she does or doesn't!!

If KC is the innocent Mother then why not take the stand and describe the events of how/why Caylee left her supervision? It is the most important testimony IMHO.

If KC does then she will get grilled by SA and her lies.

If KC doesn't then despite direction it will go against her badly.

Beautiful, simply beautiful! Trapped by her own lies and actions.

Man! I can't WAIT for trial!! I can already see Cindy standing up in the crowd yelling "OBJECTION!" :dance:

 

[legalmania]

Fair enough.. I just have not seen or heard "Anything" that gives me Any concerns.. A Judge needs to control his or her court room to a point. I think the judge in the case has been nothing but overly patient with the defense to date..but we can disagree.
thx

I agree with you on JS being more than patient with Baez, but Baez is going to use that to his advantage. Casey having a weak case to begin with and then hires somebody who is not experienced in murder trials was not a good move.

 

[21merc7]

I studied law and worked for lawyers for many years, but I didn't care for criminal so, I switched to civil. Did you mean legal rules and procedure? They are still going through discovery. I have a feeling that the Baez team is going to be asking for a mistrial a lot during the trial.

Yes, this is rules and procedure for a Death Penalty case. Themis can tell you with the proper legal terminology. This case seems to drag on so long b/c we can watch it, not just sit and wait 2 years for the actual trial. The team will ask for a lot, they must, and the Judge will rule according to the laws that govern the case. He is a Judge whom, so far, deserves a great deal of praise.

 

[legalmania]

"Legal facts!" :floorlaugh: Hey! Hey! Hey! We need to get squared away here. We want our WSers to be smart on these things. "Facts" are things that happened in the case. "Law" consists of the Constitutions (federal and state), statutes, ordinances, regulations (if binding), and case law (opinions of higher courts that are binding on the trial court's jurisdiction). Attorneys make offers of proof of facts (what they anticipate the witnesses would say or evidence would show) and apply the law to those facts to argue their conclusions. IRAC Issue, rules, analysis and conclusions.

Now there is a term I haven't heard in a while. I only applied that when I wrote a brief.

 

[Eidetic]

We need side by sides for these! CA = CA.

Ask and ye shall receive

Edited to add I just noticed it looks like Cindy is winking at Baez! LOL

 

[jon_burrows]

I think KC deserves the maximum sentence for her crime if she is proven guilty. John Cuey got the death sentence for killing Jessica Lungsford. What makes KC so different than John Cuey?

Physical appearance. IMO

 

[autumnlover]

In defense attorney world, the last thing you ever want to happen is to have your client on the stand. Everyone speaks differently, inflects differently, has little nervous ticks, just you name it. If no two people can understand each other after years of knowing each other, even being married and living together, no one is going to understand a defendant in a brief few minutes. It has been proven over the centuries, just keep them off the stand.

Too bad! I would pay money to see KC on the stand, even though it probably won't happen. I swear, I would take time off from work, fly down to Orlando and park my butt outside the courthouse until it opened. Just the thought of the prosecution's cross-examination of her makes me all warm and tingly. :crazy:

 

[legalmania]

Yes, this is rules and procedure for a Death Penalty case. Themis can tell you with the proper legal terminology. This case seems to drag on so long b/c we can watch it, not just sit and wait 2 years for the actual trial. The team will ask for a lot, they must, and the Judge will rule according to the laws that govern the case. He is a Judge whom, so far, deserves a great deal of praise.

The judge hasn't ruled on if there will be a cov right? I've seen cases that took up to ten years to be heard. So hopefully they will get it together soon.

 

[LunaticFringe]

Good Evening All.

I have a question.Hope someone can answer me.

When Judge Strickland decided on this decision did he have all of the evidence before him (even evidence we haven't seen)or was it based on what we as the public know?

Thanks

 

[jon_burrows]

KC has a right to remain silent under the 5th Amendment to the United States Constitution.

Question...Casey signed a paper (I hope someone can remember which one) and at the end she wrote something like 'I'm innocent and the prosecutor is trying to get me to confess to a crime I didn't do'. Can she be questioned about that in front of a jury? It seems unfair if the jury gets to see what she wrote but the prosecution can't cross exam her statement.

 

[legalmania]

Good Evening All.

I have a question.Hope someone can answer me.

When Judge Strickland decided on this decision did he have all of the evidence before him (even evidence we haven't seen)or was it based on what we as the public know?

Thanks

Here is the article and the order and partial hearing, that's all I know.

http://www.clickorlando.com/news/22005422/detail.html