Pre- Trial Hearing - Thurs., 12/11/08 at 9:00 AM

[zoey]

Do we know if she waived her presence in writing?

Salem

this is what I want to know....

 

[Chezhire]

No.

From Florida rules criminal procedure:

RULE 3.180. PRESENCE OF DEFENDANT
(a) Presence of Defendant. In all prosecutions for crime the defendant shall be present:(1) at first appearance;
(2) when a plea is made, unless a written plea of not guilty shall be made in writing under the provisions of rule
3.170(a);
(3) at any pretrial conference, unless waived by the defendant in writing;

and the defendants do typically waive their presence. Course, if Casey doesn't, makes me wonder why she'd want to be there??? (Maybe to see her counsel in action?!?? )

 

[Chezhire]

Do we know if she waived her presence in writing?

Salem

We still don't have info one way or the other, and since it can be handled/presented right up until the actual moment of the PT itself, we may not know before Thursday.

 

[Bev]

Chez, there is a difference between a pretrial conference and a pretrial hearing. Judges in Florida (and almost everywhere else) require that the accused be at the pretrial hearing unless specifically excused. Often there is a change of plea at the pretrial hearing and the judge will immediately sentence at that time.

Alwaysonmymind, at those depositions, was the prosecutor present?

 

[zoey]

Anyone willing to post what goes on at the pre trial if I cant get it on the tv?

I sure hope the actual trial gets televised on Tru Tv- after following this whole case and then to have to miss the trial would be a bummer. Is anyone planning on taping the trial in case people miss it where people can buy copies of it?

silly!!! You know it will be covered here.......some of us don't have lives....:doh::innocent:

jmo

 

[tiredofthis]

silly!!! You know it will be covered here.......some of us don't have lives....:doh::innocent:

jmo

:clap::clap::clap:

I've forgotten what my life was like before this case.

 

[Chezhire]

Chez, there is a difference between a pretrial conference and a pretrial hearing. Judges in Florida (and almost everywhere else) require that the accused be at the pretrial hearing unless specifically excused. Often there is a change of plea at the pretrial hearing and the judge will immediately sentence at that time.

Alwaysonmymind, at those depositions, was the prosecutor present?

Agreed re: there is a difference between Pretrial hearings and Pretrial Conferences, but for purposes of the question of whether or not she may waive her presence, a defendant may waive her presence at either.

Defendants are usually not present during either PT's in LA, since they're not testifying, nor is any evidence being presented to the trier of fact. LA's Code of Criminal Procedure (specifically LSA-C.Cr.P. art. 831, if you're interested and have Westlaw access,) only requires it at (1) arraignment, (2) when a plea of guilty, not guilty, etc., is entered, and (3) at the calling, examination, etc. of the jury, thus beginning the trial process itself, when defendant's presence is required any time the jury is present up until the reading of the verdict.

 

[debs]

:clap::clap::clap:

I've forgotten what my life was like before this case.

Vat ees dis ting yew saying........Life?

 

[tiredofthis]

Vat ees dis ting yew saying........Life?

:rolling::rolling::rolling:

 

[alwaysonmymind]

~Respectfully snipped~

Alwaysonmymind, at those depositions, was the prosecutor present?

Yes- however- I must correct my previous post. GA and CA were not deposed at this time. Employee at Amscot, 3 from tow yard and TL.

http://www.myfoxorlando.com/myfox/p...n=3&locale=EN-US&layoutCode=TSTY&pageId=3.2.1

Each person was sworn in and placed under oath before the defense began their line of questions. Three members of the state attorney's office sat in on the deposition.

 

[justbeachy]

I am going to be glued to my TV on Thursday. If I could be there in person, I would be! Wait...can I? This isn't open to the public, is it? Will the trial itself be? I will definitely be there if it is!

 

[zoey]

Chez, there is a difference between a pretrial conference and a pretrial hearing. Judges in Florida (and almost everywhere else) require that the accused be at the pretrial hearing unless specifically excused. Often there is a change of plea at the pretrial hearing and the judge will immediately sentence at that time.

Alwaysonmymind, at those depositions, was the prosecutor present?

I am going to be glued to my TV on Thursday. If I could be there in person, I would be! Wait...can I? This isn't open to the public, is it? Will the trial itself be? I will definitely be there if it is!

heard a rumor somewhere (I have no life one would think that I could remember something about this other "life" :doh that could be moved to Naples??????? But who knows any more....

jmo

 

[Themis]

[edit] Pre-trial
The early stages of the lawsuit may involve initial disclosures of evidence by each party and discovery, which is the ordered exchange of evidence and statements between the parties based on what they each expect to argue during the actual trial. Discovery is meant to eliminate surprises and clarify what the lawsuit is about, and perhaps to make a party realize they should settle or drop the claim, all before wasting court resources. At this point the parties may also engage in pretrial motion filing in order to exclude or include particular legal or factual issues before trial, by blocking the other party from presenting a particular witness or arguing a particular legal theory.

At the close of discovery, the parties may pick a jury and then have a trial by jury. Or, the case may proceed as a bench trial heard only by the judge, if the parties waive a jury trial, or if the right to a jury trial is not guaranteed for their particular claim (such as those under equity in the U.S.) or for any lawsuits within their jurisdiction.

That is an excellent summary of CIVIL pretrial hearings. This is a CRIMINAL pretrial hearing and there are no "claims." This is not an equity forum; it is a criminal forum and therefore, one at law.

In this pretrial hearing there could be motions regarding: discovery or a discovery time schedule, expert witnesses, lists of witnesses expected to testify, potential juror questionaires, exclusion of evidence motions, motions regarding mental health issues to the extent not already ruled on, possible affirmative defense issues for which the defense must give pretrial notice to the prosecution, issues of where the trial will be held if challenged (venue), possible voir dire questions issues for selecting the jury and proposed jury instructions. There is a guaranteed right to a jury trial in this case.

 

[Bev]

Chez, I'm not trying to argue the point, but in Fl. judges require defendants to appear at a pre trial hearing. Yes, defendants can ask to be excused, but unless specifically excused they must attend. It isn't a right, it is a requirement. If at the preliminary hearing, a plea is entered and accepted, the judge proceeds with sentencing. The change in plea is entered the day of the prelim hearing. In FL a defendant can waive the right to appear at the prelim examination, arraignment and discovery but they are required to appear at "first appearance, pretrial hearing and trial.

In FL, witnesses do give testimony at pre trial hearings that is why they are required to attend.

 

[Oakley]

Programming on Tru-TV for this week: 'In Session' will feature Florida V Casey Anthony, pre-trial hearing (from pre-recorded message on Tru-TV's 800 number. Does that mean the trial will be covered or just information about the trial?

 

[MiraclesHappen]

Chez, I'm not trying to argue the point, but in Fl. judges require defendants to appear at a pre trial hearing. Yes, defendants can ask to be excused, but unless specifically excused they must attend. It isn't a right, it is a requirement. If at the preliminary hearing, a plea is entered and accepted, the judge proceeds with sentencing. The change in plea is entered the day of the prelim hearing. In FL a defendant can waive the right to appear at the prelim examination, arraignment and discovery but they are required to appear at "first appearance, pretrial hearing and trial.

In FL, witnesses do give testimony at pre trial hearings that is why they are required to attend.

It seems that Casey has been continuously excused...

 

[Tuba]

Witnesses are sometimes called at a pre-trial hearing. If they are, they're questioned under oath. They can later be impeached if they veer from the pre-trial testimony. Also, the rules of evidence do not apply.

Any rulings, on motions raising legal issues for instance, are binding and cannot be relitigated.

Motions should be filed at the pre-trial or risk being deemed waived. JB intends to take up venue.

 

[charo]

They just said on CNN Headline news that Casey will be at her trial tomorrow. Looks like I wont get to see it either unless its on Tru Tv- so please please someone post whats happening- thanks

 

[zoey]

they also mentioned that the fraud case will be brought up as well....

jmo

(I know what I will be doing.....)

 

[RevCrim]

Will CA and GA, be back from California for the pre-trial-

Seems odd they'd be out of town for the pre-trial, or would it be deliberate?