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http://www.azcentral.com/story/news...di-arias-sealed-trial-appeals-court/18423413/
The panel granted a stay to the media, which means that Judge Sherry Stephens cannot exclude the public and the media from testimony until the Court of Appeals rules on a special action filed by the media. A special action is an expedited appeal.
The article doesn't explain that that order has two parts:elementary: As I understand it from reading the article, the order was about the stay. It isn't clear that everyone now in court is confuzzled by what 'lesser restrictions' means.
Will the press be at today's hearing? Will it be conducted entirely at sidebar?
Brent @ Kleinman Law ‏@brentjkleinman 8h8 hours ago
#JodiArias followers plz understand #Stay granted today doesn't grant definite access to media. It stops secret testimony from continuing
The article doesn't explain that that order has two parts:
1. It orders a stay on Judge Stephens' court closure. There is no room for disagreement here - The court cannot be closed to the public. Period.
2. It orders that the court may impose "lesser restrictions". This is the only ambiguous part of the order.
I think it's safe to assume Martinez and Nurmi are going to disagree about this second part:
(a) whether any instructions should be imposed (in addition to the broadcast ban), and
(b) what those might be.
I also think that this is where Judge Stephens needs to make the decision, now that she is clear what the parameters are.
https://pbs.twimg.com/media/B1jaeKiCAAAN0rv.jpg:large
The article doesn't explain that that order has two parts:
1. It orders a stay on Judge Stephens' court closure. There is no room for disagreement here - The court cannot be closed to the public. Period.
2. It orders that the court may impose "lesser restrictions". This is the only ambiguous part of the order.
I think it's safe to assume Martinez and Nurmi are going to disagree about this second part:
(a) whether any instructions should be imposed (in addition to the broadcast ban), and
(b) what those might be.
I also think that this is where Judge Stephens needs to make the decision, now that she is clear what the parameters are.
https://pbs.twimg.com/media/B1jaeKiCAAAN0rv.jpg:large
But it does though. The stay is for the order for the media to clear the courtroom so that secret testimony can be conducted. The stay puts a hold on that order, meaning secret testimony ceases and they are let back in for witnesses that do not intend to testify in secret. It's why the media was immediately let back in yesterday.
The motion also basically advises the judge to impose lesser restrictions, such as what she was considering on Thursday before kicking everyone out. She was going to have the media go to the overflow room. They're suggesting she does this and, presumably, there will be no more need for the media's appeal to be heard, unless they feel that isn't good enough, which it should be.
They are telling her: just no more secret testimony.
Will the press be at today's hearing?
Will it be conducted entirely at sidebar?