Rhornsby Legal Q&A #3 Relevant to the Anthony Case

[rhornsby]

I'm going to take a try at answering this because I don't see anyone who has brought up something similar. Ms. Lyons is attached to a university and writes many papers on the death penalty. She has declared that she is a genius. I think her messy, downright sloppy appearance is part of that reverse snobbery that comes with higher education. "I am much too intelligent to stoop to something so unimportant as personal appearance". What is important in the world is what they think - to pay any attention to appearance is almost considered disloyal or inferior to the academic. Check out most university profs - they look like they've been dumpster diving.

For the most part I agree with you. But there are exceptions to that generalization.

 

[rhornsby]

Bumping my question up for Richard.

IF he sentenced her to a concurrent sentence of 5 years in prison, he would then have to give her credit for 18 months already served at the time of sentencing.

And in Florida, a person must serve a minimum of 85% of their sentence for this type of felony. So 85% of 60 months (5 years) is 51 months. 51 months minus 18 is 33 months.

So if he sentenced her to 5 years, she would have 33 months left on her sentence.

But I think he will just sentence her to time served.

 

[whats the punch line]

Any ideas of who might be behind the motion to be seated forward the bar?

Conway perhaps?
Thanx

 

[Tulessa]

Richard, When my brother and his wife were murdered, we went to the DA and asked him to please not seek the DP. He listened and offered this guy LWOP. The MURDERER turned it down so the DA is now seeking the DP and he told us he WOULD get it. Would Florida laws work the same way? Could the Anthony's go talk to the SA and ask for the DP to be brought off of the table if she would accept a plea?

 

[rhornsby]

Richard, When my brother and his wife were murdered, we went to the DA and asked him to please not seek the DP. He listened and offered this guy LWOP. The MURDERER turned it down so the DA is now seeking the DP and he told us he WOULD get it. Would Florida laws work the same way? Could the Anthony's go talk to the SA and ask for the DP to be brought off of the table if she would accept a plea?

You raise an interesting question, because Florida does have a statute that requires the State to consult the victim or "family of the victim" in regard to "plea agreements" and "sentencing of the accused."

However, neither the statute or the case law requires the State to abide by the victim's plea agreements desires or sentencing wishes - just that they be consulted.

And considering Cindy and George are the applicable "family of the victim," I don't think the State is giving their thoughts to much consideration.

960.001 Guidelines for fair treatment of victims and witnesses in the criminal justice and juvenile justice systems.--

(g) Consultation with victim or guardian or family of victim.-- In addition to being notified of the provisions of s. 921.143, the victim of a felony involving physical or emotional injury or trauma or, in a case in which the victim is a minor child or in a homicide, the guardian or family of the victim shall be consulted by the state attorney in order to obtain the views of the victim or family about the disposition of any criminal or juvenile case brought as a result of such crime, including the views of the victim or family about:

a. The release of the accused pending judicial proceedings;
b. Plea agreements;
c. Participation in pretrial diversion programs; and
d. Sentencing of the accused.

 

[whats the punch line]

I have been wondering about an issue for a while, and your opinion as a defense attorney would be appreciated.

The Anthony's frequently appear at the hearings wearing images of Caylee (buttons, necklaces) in memory/support of their granddaughter.

There have been cases in which defense has claimed wearing images of the victim during trial is inherently prejudicial to the defendant, and might affect their right to a fair trial.

Strickland is obligated to manage the decorum in his court room, could he request images not be brought in his court room?

Should team Baez request the anthony's refrain from appearing in court wearing images?

Thanx

 

[thedeviledadvocate]

See my most recent blog post for what was likely discussed.

Casey Anthony Gets a Reality Check

Your recent blog post was, as usual, very informative. Your ability to interlace wit, while explaining laws to those who are interested, makes trying to understand those laws a little less tedious for us laymen. Thank you.

AL has let it be known, that there will be a multitude of motions forthcoming. My legal question is this,

Do you have any idea approximately how many of these motions we can expect? 10, 20, or more than 20?

 

[logicalgirl]

For the most part I agree with you. But there are exceptions to that generalization.

Absolutely agree with you, And in that environment, see nothing wrong with it. In that setting, a prof or researcher has information the listener wants. Isn't a jury like a sales call? Certainly in the business community we teach people that at least 50% of communication in non-verbal, to use open and accepting hand gestures, to take speech lessons to eliminate preachy or condescending tones, and to raise the bar on personal grooming, but most of all to be aware of how they are perceived. Watch and respond to your listener and decision maker. If Ms Lyons watches herself on any news reports, or even her seminar tapings surely she isn't impressed with the results? Aside from the issue of whether she is right about eliminating the death penalty, surely it would be helpful to her cause to overhaul her total delivery? When did you last buy an item, a thought or a belief from someone you didn't like?
For example - I'm a fan of your blog - it is attractive to the reader, well thought out, current, with a bit of a twist to make it more interesting than most. I suggest you thought about your "buyer"!

 

[Patty G]

IF he sentenced her to a concurrent sentence of 5 years in prison, he would then have to give her credit for 18 months already served at the time of sentencing.

And in Florida, a person must serve a minimum of 85% of their sentence for this type of felony. So 85% of 60 months (5 years) is 51 months. 51 months minus 18 is 33 months.

So if he sentenced her to 5 years, she would have 33 months left on her sentence.

But I think he will just sentence her to time served.

Thank you so much!

My next question is: Let's say she gets the 5 years and must serve her sentence minus time served, would she then be placed into prison to serve this sentence or will she just stay in jail?

 

[rhornsby]

Thank you so much!

My next question is: Let's say she gets the 5 years and must serve her sentence minus time served, would she then be placed into prison to serve this sentence or will she just stay in jail?

She would be held in jail until the Capital case was concluded.

 

[KeysBreeze]

Have you ever personally seen the parents of a defendant behave in such a way as the Anthony family?

 

[rhornsby]

Have you ever personally seen the parents of a defendant behave in such a way as the Anthony family?

Do you think Jon and Kate acted the way they do before they had cameras to play to?

But, besides the media pandering; yes, I have seen people behave every way imaginable.

 

[KeysBreeze]

12/14/2009---Correspondence---FROM JOY WRAY

Latest entry on the Clerk of Courts records for the murder case.

What could this possibly mean?

 

[QueenD]

Mr. Hornsby:
What is the difference between LWOP
and
a life sentence with a mandatory of X amount of years?

 

[rhornsby]

Mr. Hornsby:
What is the difference between LWOP
and
a life sentence with a mandatory of X amount of years?

There are certain offenses where the statutory maximum sentence that can be imposed is Life, but the minimum sentence that can be imposed is X amount of years. So while the Judge has some discretion it is limited.

In Casey Anthony's case, there are only 1 of 2 sentences available as charged: Life or Death.

 

[impatientredhead]

There are certain offenses where the statutory maximum sentence that can be imposed is Life, but the minimum sentence that can be imposed is X amount of years. So while the Judge has some discretion it is limited.

In Casey Anthony's case, there are only 1 of 2 sentences available as charged: Life or Death.

What about the aggravated manslaughter option that is on the indictment?

 

[whats the punch line]

Since KC is in more or less in protective custody, does this make her ineligilble for any inmate offerings (classes, vocational training, etc) the holding center has in place?

As an example, at one time it was reported she did not graduate from high school. If that is the case would she be eligible for the GED offering?

Do you recommend your clients participate in the programs/services offered?


Also, It is my understanding that in 2008, it cost Orange county roughly $84.00 per day to keep/maintain (without any special requirements/program participation) an inmate. Does that seem accurate?

 

[whats the punch line]

Again, regarding the caylee buttons/photos and this from the supreme courts:
http://www.supremecourtus.gov/opinions/06pdf/05-785.pdf

How does it apply?

I know....it'll take too much time.

Can't blame a girl for tryin'!

 

[autumnlover]

Do you think Jon and Kate acted the way they do before they had cameras to play to?

But, besides the media pandering; yes, I have seen people behave every way imaginable.

Mr. Hornsby, I greatly appreciate your insight and responses. Regarding the Anthony's, do you think their behavior has seriously affected their credibility as witnesses for either side?

 

[salvarenga]

Obviously a new outfit was not provided for Casey to wear to this last hearing...my question is could her attorney have requested that she be allowed to iron her clothes before court? I have no idea how jail laundry service works but I would think there would be someway she could have gotten her top ironed before her court appearance last Friday. Or do you think that was done on purpose as some sort of poor me, look at me tactic?