Procedure and legal questions

[butwhatif?]

I would like to know what would happen if the 1st, 2nd and 3rd jury were all hung.
Are there limitations on how many trials they can have resulting in hung jurys before they call it a day?
Or can they just keep going on, year after year till they get the decision they were hoping for?
TIA

 

[okiedokietoo]

KC's new attorney AL said she was going to try to get the Death Penalty off the table before trial.
I thought Defense didn't have all the evidence that the State has, you know whatever they are holding back/still working on and Defense would get that info sometime before trial. I'm asking, is that true? And if so, if Defense files motions stating reasons why this is not a Death Penalty Case And they don't have all the evidence that State has - is this just a way for the Defense to get more info? Can the Defense get the DP dropped without knowing everything that the State has? Would the State have to release information earlier than they plan in order to keep the DP?

 

[butwhatif?]

Just bringing this question over from another thread.
Are the transcripts from the grand jury indictment sealed permanently?
Would JB have access to the files or is it sealed to him also?
TIA

 

[MAMABEAR]

KC's new attorney AL said she was going to try to get the Death Penalty off the table before trial.
I thought Defense didn't have all the evidence that the State has, you know whatever they are holding back/still working on and Defense would get that info sometime before trial. I'm asking, is that true? And if so, if Defense files motions stating reasons why this is not a Death Penalty Case And they don't have all the evidence that State has - is this just a way for the Defense to get more info? Can the Defense get the DP dropped without knowing everything that the State has? Would the State have to release information earlier than they plan in order to keep the DP?

Thanks, good questions---also---if AL gets the DP off the table before the trial then we will have to put up with JB again cuz AL will go home---right?

 

[Wudge]

Today the SCOTUS overturned a 23 yr. old decision Michigan vs. Jackson, which found that the police must cease all questioning as soon as a suspect invoked their right to counsel. Does this decision now mean that LE can continue questioning after a suspect invokes their 5th amendment rights?

The new authority is Montejo v. Louisiana. As regards your question, the answer is: maybe. What was a right under the sixth amendment is now a privilege -- be sure to assert your privilege, refuse to answer questions and, as necessary, continue asserting your privilege until you've meet with your attorney.

 

[whiteangora]

Just bringing this question over from another thread.
Are the transcripts from the grand jury indictment sealed permanently?
Would JB have access to the files or is it sealed to him also?
TIA

Thanks for bringing my question over here, I had forgotten all about this thread.

 

[Gaia713]

I would like to know what would happen if the 1st, 2nd and 3rd jury were all hung.
Are there limitations on how many trials they can have resulting in hung jurys before they call it a day?
Or can they just keep going on, year after year till they get the decision they were hoping for?
TIA

I Know a case in CA that had 4 retrials. I think in most cases, the prosecution learns more than the defense and that is why their are usually convictions the second time around. But if you look at the attornies in the really high profile ones, claim a win and then disappear. Menendez had different attys in their second trial as did Spectre. Broderick's original attorney stuck by her in the second trial. There is also Cam Brown, represented by the illustrious (cough, cough) Mark Garegos. He trial resulted in a hung jury and his atty, who claimed he would stick with him forever, no longer represents Brown.

 

[Gaia713]

Does anyone know what time frame the prosecution has to turn over discovery to the defense in Florida?

 

[spqr]

Does anyone know what time frame the prosecution has to turn over discovery to the defense in Florida?

As soon as it is available...all testing complete, investigation complete..etc...

Basically immediately as soon as the prosecution is finished testing/investigating

 

[MADJGNLAW]

It is being said/rumored that Casey is having these nightmares in jail and that maybe the defense is slowly planning to bring up the insane plea.
My questions are:
If one goes crazy during the time they are putting a trial together can it be extend?
If Casey can't understand her sentence would they really give her the DP?
Reasons why they could or couldn't.
Please and Thank You in advance.


I also don't understand how come Casey did not have this reaction back when Caylee was said to be kidnapped, while she was home on bond, or even when her remains were found. She has been see smiling at every hearing since, giving Lee high fives, and does not look distraught one bit. Would this come into play if they try and use the insane plea?

 

[LaLaw2000]

I would like to know what would happen if the 1st, 2nd and 3rd jury were all hung.
Are there limitations on how many trials they can have resulting in hung jurys before they call it a day?
Or can they just keep going on, year after year till they get the decision they were hoping for?
TIA

BBM

:crazy:................I hope so!

 

[essies]

Have you ever seen the programs on tv where a person is re-created from just a skull? Wonder, if they did that to show how the duct tape was applied on Caylee, if that would be allowed to be shown to the jury? That would be powerful-sickening-but powerful!!

 

[Gma Kat]

As soon as it is available...all testing complete, investigation complete..etc...

Basically immediately as soon as the prosecution is finished testing/investigating

I wonder where all the missing evidence is? I am still dying to read the interview/statement of LP's gal that spent all the time with KC. Perhaps I missed it?

 

[Gma Kat]

I have a legal question. Since KC has a lot of money in her account at the jail, I was wondering that if there is a civil judgment in the ZFG case, can they attach KC's jail account for $$$$? Or is that as protected as OJ's retirement in FL?

 

[Gma Kat]

It is being said/rumored that Casey is having these nightmares in jail and that maybe the defense is slowly planning to bring up the insane plea.
My questions are:
If one goes crazy during the time they are putting a trial together can it be extend?
If Casey can't understand her sentence would they really give her the DP?
Reasons why they could or couldn't.
Please and Thank You in advance.


I also don't understand how come Casey did not have this reaction back when Caylee was said to be kidnapped, while she was home on bond, or even when her remains were found. She has been see smiling at every hearing since, giving Lee high fives, and does not look distraught one bit. Would this come into play if they try and use the insane plea?

BBm: In response to bolded: I can remember there being a case with circumstances you describe. In that case, the defendant was not competent to stand trial, but insanity was not the defense, the trial was postponed until the defendant was mentally well enough to understand and be able to assist his defense counsel. I'm not sure exactly how it works, or if this is still accurate. I hope I'm not just remembering a movie.....I hate it when that happens!

 

[MADJGNLAW]

What dose this mean? MOTION TO QUASH SUBPOENA DUCES TECUM
Please and Thank You...:blowkiss:

 

[ZubenElSchemali]

What dose this mean? MOTION TO QUASH SUBPOENA DUCES TECUM
Please and Thank You...:blowkiss:

It's a motion to stop the subpoena. Quash=squashython:

 

[SoSueMe]

I have a legal question. Since KC has a lot of money in her account at the jail, I was wondering that if there is a civil judgment in the ZFG case, can they attach KC's jail account for $$$$? Or is that as protected as OJ's retirement in FL?

LOL, oh I would love to see this! Now with punitive damages being allowed in the ZFG case, maybe Morgan can go after everything KC receives monetarily ... say like licensing fees for pictures? I know it's really premature to think this might happen, but it's a nice thought.

 

[SoSueMe]

BBm: In response to bolded: I can remember there being a case with circumstances you describe. In that case, the defendant was not competent to stand trial, but insanity was not the defense, the trial was postponed until the defendant was mentally well enough to understand and be able to assist his defense counsel. I'm not sure exactly how it works, or if this is still accurate. I hope I'm not just remembering a movie.....I hate it when that happens!

No, it's not just a movie, because I remember hearing of cases where the court waited until the defendant was treated and able to stand trial. Also, there was some big mob boss that feigned insanity until the FBI was able to obtain video of him in private acting perfectly normal and giving orders to his thugs. They then tried and convicted him.

 

[SoSueMe]

Have you ever seen the programs on tv where a person is re-created from just a skull? Wonder, if they did that to show how the duct tape was applied on Caylee, if that would be allowed to be shown to the jury? That would be powerful-sickening-but powerful!!

This would be very powerful indeed. They could leave it on the evidence table throughout the trial.