pinkandgreenmom
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Surrebuttals are not automatic and are normally limited to issues that the judge permitted to be raised for the first time in rebuttal. But in the mitigation phase it would be the state asking for surrebuttal. Defense goes first in the mitigation phase and gets a rebuttal at the end. It was somewhat confusing in this case, because Juan went first only to get this jury caught up on the premeditated 1st degree murder and cruelty, then we had victim impact statements, then the defense started their mitigation case. Now we are in the state's response case. Next comes the defense rebuttal (if any). Then allocution and closings. Jodi certainly can offer allocution even if she doesn't testify in the rebuttal phase.
Oh jeez. I am all kinds of confused. Thank you so much for clearing that up.