Local 6 - DP motion just DENIED

[Horace Finklestein]

Well it looks like Ms. Lyon's experiment to overturn the death penalty laws and influence Judge Strickland to legislate from the bench have failed miserably. The 10 minute lecture from the 'genius' 'pioneer' was bested by a common sense presentation. Good for Judge Strickland.

So, now that we have spent valuable time and money indulging Ms. Lyon's personal quest against the death penalty, can we please, ummm, get to a trial? Or are there any other opportunists who want to use the courts to wage personal crusades??

 

[logicalgirl]

I don't know Jack Chit about law..that's why I asked.I was wondering if he saw evidence that we haven't seen yet or is that all revealed at the actual trial?

Me either - heh heh!

 

[21merc7]

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.

All of the appropriate Motions Hearings, Psych Evals, Inspections, Experts, all will happen, and in due time. This Judge has integrity and will work within his legal bounds. This will go to trial as soon as any other DP trial, even with the media circus. I am really respecting this Judge. (Too bad he is married and far away, ha!)

 

[Kentjbkent]

Ah, what relief. My mind was struggling and refused to allow the visions of glory.

(I did not know how to do it, thank you!)

Unbelievable catch!! Thanks for doing the split pics!!!!

 

[21merc7]

Interesting - doesn't the State have to provide some sort of documentation to give adequate reason for asking the death penalty in the first place. It can't just be on a whim - can it?

No! That part has now been addressed in all of the appropriate legal ways and has been deemed fully legal, just today by Judge Strickland's Order, under all of the laws that govern the issue. Death Penalty being most highly scrutinized. There will now be more boring "Motions Hearings" based on the fact that this is a Death Penalty legally qualified hearing before the actual Death Penalty Murder Trial begins.

 

[legalmania]

Well it looks like Ms. Lyon's experiment to overturn the death penalty laws and influence Judge Strickland to legislate from the bench have failed miserably. The 10 minute lecture from the 'genius' 'pioneer' was bested by a common sense presentation. Good for Judge Strickland.

So, now that we have spent valuable time and money indulging Ms. Lyon's personal quest against the death penalty, can we please, ummm, get to a trial? Or are there any other opportunists who want to use the courts to wage personal crusades??

She may not be done yet, she could take it to the fourth district and kill more time. This judge is just gonna demand a court date and they're going to have to present their case ready or not.

 

[legalmania]

All of the appropriate Motions Hearings, Psych Evals, Inspections, Experts, all will happen, and in due time. This Judge has integrity and will work within his legal bounds. This will go to trial as soon as any other DP trial, even with the media circus. I am really respecting this Judge. (Too bad he is married and far away, ha!)

I don't know there is a lot of dna info still being processed. Inspections for what? I know it will go to trial but when can be still a year or more away.

 

[RR0004]

I'm glad Judge S denied the motion. I can't say I feel good that Casey may face death for her crime (if proven guilty). But, I have a sense of peace now that Caylee has been acknowledged in this whole sordid mess.

 

[legalmania]

I'm glad Judge S denied the motion. I can't say I feel good that Casey may face death for her crime (if proven guilty). But, I have a sense of peace now that Caylee has been acknowledged in this whole sordid mess.

I believe JS keeps Caylee in mind with each decision. When he has seen how she was left, it has to get to him.

 

[Cat13067]

I believe JS keeps Caylee in mind with each decision. When he has seen how she was left, it has to get to him.

JS follows the letter of the law. I don't believe he would express his personal feelings about a case when he rules on a motion.

 

[momtective]

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:

If I'm not mistaken you would have to come right through Texas...I'll meet you in Dallas and we can fly down together. :clap:

 

[Horace Finklestein]

Scott Peterson couldn't keep his mouth shut. Scott Petersons arrogance helped get him behind bars. It's obvious there is no love loss between this judge and Baez, but that may be the very thing that gets the defense an appeal.

That's due to Baez' belligerence, not Judge Strickland being unfair. Strickland has been extremely patient and indulged the defense numerous times. That doesn't translate into something that should garner an appeal in the future, it's the opposite imo.

 

[legalmania]

JS follows the letter of the law. I don't believe he would express his personal feelings about a case when he rules on a motion.

Of course he follows the law, but he also remembers what this case is all about, and it's Caylee. Unfortunately in most criminal cases the victim gets forgotten. Until sentencing. Then you'll hear his personal feelings.

 

[Ada]

I am not going to presume which 'facts' the Judge is referring to in his statement. JA references to the LAW may be the facts the Judge is referring to.

From the video referenced below (transcribed but not word by word)

JA: the facts that the defense argued their opinion and that the death penalty is available for 1st degree murder w/out special aggravating circumstances in FL. Why does prosecution waive it sometimes (to bring it before a jury) is more appropriate. Case law does say court is not permitted to make a pre-trial decision on special/aggravated circumstances - but that is what defense is arguing. Can if there is "bad-faith" for decision- case law is limited to where it can be shown if based on race, gender, religious beliefs or sexual orientation. Prosecutor is trying to punish defendant outside of the crime - defense has not presented anything that shows prosecutorial decision has done so. Defense goes on to allege that before Caylee's body was not found and no death penalty and once body was found and state's case became stronger then prosecutor needed 'advantage' of death penalty jury to win - why waive when case weaker and reinstate when stronger?

Then JA goes on with the innocence statement and the worst case scenario he gave which others are assuming are the 'facts' the Judge is referring to in his order.

15:32 (about where JA starts) http://www.wftv.com/video/21931707/index.html

MOO

This is what I thought too. He was talking about JA's citation of facts/law regarding the DP vs AL's 'feelings' about it.

 

[Oakley]

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

This merits more than a 'thank you.' If anything, JS has been incredibly patient with the antics and arrogance of the defense team. JMO.

 

[biggirl]

I agree that JS has been extremely patient with all the antics of the defense. He also does not seem to relish the attention on his court by the media and with the cameras everywheare and he does not playto the cameras. I really like his style. Cannot wait to hear opening statements. Let the trial begin. :woohoo:

 

[SFW]

I won't go into my views on the DP in general but just say I have always been on the fence.

The only reason I am happy the DP is on the table is to illustrate to KC the magnitude of the situation. There are so many times when I feel that she really just doesn't get it which drives me nuts.

She is finally having to face a reality where she cannot control those around her through manipulation. She reminds me of a child that gets mad at you when they are lieing through their teeth.

 

[Curious Me]

Ask and ye shall receive

Thank You so much Eidetic. Seeing them side by side is a hoot. I think it's a smug, sneaky look they both have.

 

[tiredofthis]

Ask and ye shall receive

I'm skeered!

Thanks for the pictures. I didn't realize how closely KC's facial expressions resembled her mother's.

 

[ExpectingUnicorns]

This merits more than a 'thank you.' If anything, JS has been incredibly patient with the antics and arrogance of the defense team. JMO.

I am so thankful, too, lacey and wantsjustice, with the fact that JS is sitting in this case. Even in the past when I wished he had ruled more favorably for the prosecution, I had to admit that it was best to prevent the possibility of a mistrial. I think this possibility weighs very heavily (as it should) in all of his judgements. I pray for him.