AZlawyer
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Thanks AZL. I don't understand what this means:
"If Arias is sentenced to death in her current penalty phase retrial but this joint motion is successful, you can count on the State appealing. If the State is unsuccessful, her sentence would convert to Life."
http://www.courtchatter.com/2015/02/jodi-arias-court-minutes-from-omnibus.html
It means that if the omnibus motion is successful and there is an order entered that none of these defendants can be sentenced to death, then the State will appeal. If the State appeals and wins, then the DP is back on the table for all the defendants. If the State appeals and loses, then none of the defendants could be sentenced to death.
BBM
First of all, JSS is unlikely to enter a final sentencing order while the omnibus motion is pending. Second, Nurmi is 100% likely to file a bunch of motions right after Jodi is sentenced that will keep jurisdiction in the trial court for months. Third, even if Jodi is somehow sentenced and all post-trial motions resolved and the appeal time runs before the omnibus motion hearing, the appeal court will just revest jurisdiction back in the trial court for Jodi to participate in that hearing.
This is a non-issue, in other words.
I am so confused. Are you saying AZL that it is a non-issue if she gets DP as in "it will never actually be a DP for Arias. Or are you saying that the fact she is in the group of petitioners for the omnibus hearing is moot because her ultimate fate rests with the trial court jurisdiction?
I am sorry. What do you mean by non-issue? Do you mean that Jodi can get outof being sentenced to death by the Omnibus ruling? This is still very confusing.
OK, let me try again lol. The short version of what I mean is that it makes no difference whether this phase ends before or after the omnibus motion is decided, and it makes no difference really whether Jodi is sentenced before or after the omnibus motion is decided. One way or another, she will be allowed to participate in that motion. If the motion wins, she will not be sentenced to death, and if she's already been sentenced to death it will be reversed. If the motion loses, she will be sentenced to death if that's what the jury decided, and if she's already been sentenced to death nothing will change. So there is no need for the defense team to "stretch this out" to make sure the omnibus motion is decided before this mitigation phase is over. Jodi will be part of that motion regardless of the timing.