Procedure and legal questions

[marspiter]

I asked this question in another thread but thought maybe it was a better question for this thread.

Can a doctor morally and ethically sit on a jury that is going to be DP qualified? The reason I ask is because of the oath a doctor takes. I know in the corrections system they have to use paramedics to carry out the death sentence because Doctors can't, do to the Hippocratic oath. Now they can be brought in to declare the person dead but they can't actually administer the potassium and other drugs into the needle.

Knowing that I always wondered if they could hand down a verdict for death if they sat on a DP jury.

 

[reeseeva]

This issue has gone to the Florida Supreme court several times and the convictions have been upheld as long as the aggravating felony was on the indictment. In the cases where it was not on the indictment they did not allow the alternative finding of felony murder. In the cases where it was included the court found (repeatedly) that the defendant's ability to defend themselves was not impeded and the conviction stood.

The other issue that came up in Florida was that the jury did not have to a cohesive group when it came to felony murder or premeditated murder. The jury could be completely split on that issue and still come back with a capital conviction. That has been challenged to the Florida Supreme Courts repeatedly and the convictions have been upheld on that issue.

BBM............This is the best explanation of Hope I've read here today!:twocents:

 

[TotallyObsessed]

I want to know how on God's green earth JB and team can look Judge Strickland in the eyes and SERIOUSLY argue for a change of venue, when they are all going to be featured on the upcoming 48 Hours show???????????

 

[ZsaZsa]

I want to know how on God's green earth JB and team can look Judge Strickland in the eyes and SERIOUSLY argue for a change of venue, when they are all going to be featured on the upcoming 48 Hours show???????????

Ah,yes, but that's a basic misunderstanding others on this site have made too.
:innocent:
This is the Baez Doctrine -
It is only tainting the Jury or poisoning the public's perception of Casey if it's done by the Prosecution, when they release factual evidence as required by Florida law.
When you get on TV at every opportunity or whenever $$$ are up for the grabbing, and you are prepared to lie with a straight face, you demonstrate more regard for the rights of the criminal than the victim, you can claim that it is for a noble cause, that of assuming innocence until proven guilty. :banghead:

 

[Brini]

I asked this question in another thread but thought maybe it was a better question for this thread.

Can a doctor morally and ethically sit on a jury that is going to be DP qualified? The reason I ask is because of the oath a doctor takes. I know in the corrections system they have to use paramedics to carry out the death sentence because Doctors can't, do to the Hippocratic oath. Now they can be brought in to declare the person dead but they can't actually administer the potassium and other drugs into the needle.

Knowing that I always wondered if they could hand down a verdict for death if they sat on a DP jury.

I believe that the oath applies only to direct, hands-on care.

 

[ClockWatcher]

In the addendum to the Motion to Dismiss, LDB pointed out in the court that KC's sworn statement was notarized by JB and questioned whether that was allowed or legal??

http://www.wesh.com/download/2009/1016/21315944.pdf

Is an attorney allowed to notarize his or her client's statements?

 

[Muzikman]

In the addendum to the Motion to Dismiss, LDB pointed out in the court that KC's sworn statement was notarized by JB and questioned whether that was allowed or legal??

http://www.wesh.com/download/2009/1016/21315944.pdf

Is an attorney allowed to notarize his or her client's statements?

I wondered about that too. Guess it doesn't matter now with the motion thrown out, but was that proper? LDB sure did talk about it for a bit...

 

[faefrost]

In the addendum to the Motion to Dismiss, LDB pointed out in the court that KC's sworn statement was notarized by JB and questioned whether that was allowed or legal??

http://www.wesh.com/download/2009/1016/21315944.pdf

Is an attorney allowed to notarize his or her client's statements?

I am pretty sure that at least in most states an attorney cannot themselves notarize the product of their own work. This doesn't mean that someone else from the office cannot notarize it, but the whole purpose of the notarization is to have an official third party bear witness to the document and the document signing.

 

[ClockWatcher]

Thank you Muzikman and Faefrost!

The look on Jose's face was a good indication that, at the very least, it was inappropriate and he was busted for another bone-headed move.

A part of me wishes that there would have been an in court admonition by the judge, but I think he's a classier guy than that and let LDB's questioning of its legality in open court, be his punishment. Team Baez scored no points with the state yesterday!

 

[Tuba]

Not just by case law precedent but by statute, the felony murder here is a capital charge.

782.04 Murder 1) (a) The unlawful killing of a human being: 1)when perpetrated from a premeditated design to effect the death of the person killed or any human being. 2) when committed by a person engaged in the perpetration or attempt to perpetrate any h. aggravated child abuse is murder in the first degree and constitutes a capital felony.

 

[Patty G]

IF there is a change of venue, will Judge Strickland be the presiding Judge? I googled but couldn't come up with an answer.

 

[mitzi]

IF there is a change of venue, will Judge Strickland be the presiding Judge? I googled but couldn't come up with an answer.

Yes, it's my understanding that the defense, prosecutors and the judge all move to a new venue with the case.

 

[ZsaZsa]

Yes, it's my understanding that the defense, prosecutors and the judge all move to a new venue with the case.

And whose decision is it? Judge Strickland?

 

[faefrost]

And whose decision is it? Judge Strickland?

Yes, it wholly resides with Judge Strickland. (at least at this point)

A change of venue request in a well publicized capital murder case is not unusual and is normally granted within reason. But this case I am not so sure. Normally a judge would grant it just to avoid any chance of an appelate issue because of publicity or poisoned jury pool. But given how public and outspoken the defense has been in this case. And how quiet the prosecution has been, I think there is a good chance that Strickland may roll the dice on an appeal and slap the defense down for thei public antics.

 

[skygirl]

Pardon if this has been asked before.

Reviewing GA & CA, when thay have been questioned on the stand ....when it isn't going favorably in their direction they start copping an attitude with their facial expressions, and even vocal such as "I don't see the relevance-blah blah....."

My question is, if they do this at trial, would JS put the smack down on them? Are they allowed to do this?

And in general, I've noticed JS has been bending over backwards, being gentle on JB so far, and I'm certain it's to avoid an appeal. Do think the bending will stop after the trial?

I'm glad that if there is a COV that JS will be the Judge. He seems like a good Ringmaster. But I'm not an attorney, so can't really say from that advantage. I'm curious as to what our legal friends think of JS and his ability to own this beast. (as in trial)

Thanks much!

 

[JBean]

I think they would convict her on that lesser charge before the sentencing hearing for the DP would even take place.

I believe she is also charged with felony murder, which is a bit different. Felony murder does not require the intent to kill, rather it is a homicide in the commission of a felony (aggravated child abuse for KC)-

Per Tison vs. Arizona, looks like felony murder is also punishable by the death penalty.

She is not currently charged with Felony Murder, but the jury could possibly be asked to consider it. we probably won't find that out until the jury instructed. It is not a lesser charge of Premeditated murder but rather just a broader murder charge.

 

[kew17]

I will try my best to bring forth a question vs. a rant.

http://www.wftv.com/pdf/21405276/detail.html

This motion should be an embarrassment to this counsel. WTF? Dominic Casey and Casey Anthony's names have a "Y" at the end. The motion to strike says "Attorney for Casey Anthony" and the privilege log has "Attorney for Dominic Casey". I'm sure on a thread or two we've discussed the motion's contents and the dates of actual service to each client.

My question is how can these attorney's get away with such sloppy work? This seems to be a re-occuring theme in this case. Document after document riddled with factual error, content error, spelling errors, they are a joke to say the least. The recent obvious cut and paste error on Andrea Lyons motion was just ridiculous.

Can a judge just say, nope, this motion isn't valid because you can't spell or you half-azzed your work? Come back when you've taken the time to write your motion and possibly proof read it? :loser:

ok end rant :banghead: Are there any formal complaints or fines that can be imposed on these attorneys for poor work?

 

[jandkmom]

I will try my best to bring forth a question vs. a rant.

http://www.wftv.com/pdf/21405276/detail.html

This motion should be an embarrassment to this counsel. WTF? Dominic Casey and Casey Anthony's names have a "Y" at the end. The motion to strike says "Attorney for Casey Anthony" and the privilege log has "Attorney for Dominic Casey". I'm sure on a thread or two we've discussed the motion's contents and the dates of actual service to each client.

My question is how can these attorney's get away with such sloppy work? This seems to be a re-occuring theme in this case. Document after document riddled with factual error, content error, spelling errors, they are a joke to say the least. The recent obvious cut and paste error on Andrea Lyons motion was just ridiculous.

Can a judge just say, nope, this motion isn't valid because you can't spell or you half-azzed your work? Come back when you've taken the time to write your motion and possibly proof read it? :loser:

ok end rant :banghead: Are there any formal complaints or fines that can be imposed on these attorneys for poor work?

And item #3 has Ms. Casey instead of Mr. Casey.

 

[Just Jayla]

This issue has gone to the Florida Supreme court several times and the convictions have been upheld as long as the aggravating felony was on the indictment. In the cases where it was not on the indictment they did not allow the alternative finding of felony murder. In the cases where it was included the court found (repeatedly) that the defendant's ability to defend themselves was not impeded and the conviction stood.

The other issue that came up in Florida was that the jury did not have to a cohesive group when it came to felony murder or premeditated murder. The jury could be completely split on that issue and still come back with a capital conviction. That has been challenged to the Florida Supreme Courts repeatedly and the convictions have been upheld on that issue.

Bumping for usefulness!

So, although it would presumably be difficult for the state to argue for both premeditation and felony murder, it can be tossed around in the jury room?

Felony has to be on indictment, which appears to be covered in this case as KC is being tried for aggravated child abuse as well as murder.

 

[Searchfortruth]

Bumping for usefulness!

So, although it would presumably be difficult for the state to argue for both premeditation and felony murder, it can be tossed around in the jury room?

Felony has to be on indictment, which appears to be covered in this case as KC is being tried for aggravated child abuse as well as murder.

I read somewhere (please don't ask me where) that the state does not have to present a theory, to the jury, regarding premeditation or murder as a result of child abuse (felony murder)...they can simply present the evidence and let the jury decide. Now, I think the state will probably present a theory here in favor of premeditation and possibly during closing they will address the jury on the possibility of a charge of Felony Murder if they can't conclude there was premeditation. Would this be possible ? I just can't see the state offering up no theory as to intent behind their murder 1 charge.