Sentencing and beyond- Jodi Arias General Discussion #2

[geevee]

I don't think CMJA is dictating appeals strategy, though I'm sure she believes she'd be better at it than her appointed attorneys.

My latest uneducated guess about what's going on comes from reading a US Court of Appeals ruling on an habeus corpus appeal by Richard Glossip (on Oklahoma death row, execution just delayed by 2 weeks).

It's a really good read, BTW, for anyone interested in how appeals relating to ineffective counsel, etc. are heard, discussed, and ruled upon at the federal level... here's the link:

www.ca10.uscourts.gov/opinions/10/10-6244.pdf

(edited link-sorry. Had posted wrong link).

My take away of relevance here (if I understood correctly) is the Court's insistence that it could not take into consideration any claims of constitutional violations that had not been raised during the state- level appeals process.

Hmm. Based on that, my guess is that her AA doesn't anticipate actually being able to disqualify the COA altogether, and perhaps, not even the 3 judges who ruled against CMJA's Special Action. Perhaps the AA is just trying to fashion a constitutional violations argument related to the COA's role, and entered the related motion to disqualify to ensure the issues were included in the state-level appellate record.

I got so wrapped up in the case being appealed in your link (Glossip) I forgot to apply any of it to JA's case. lol Also (on another case), I much appreciate your views and knowledge shared on the Viafore thread, I've been following it since near the beginning and am in complete agreement, esp. after having viewed some of the LE interview in the 48 Hrs. program.

 

[LinasK]

WAYYYY O/T, but funny.

This is all over FB, now I know I am not "completely" nuts, but where I come from Halloween is always October 31st, so no way it could EVER be Friday the 13th. :scared:

Yeah, that one took me a moment:thinking: because I know it falls on a Saturday this year- I have a Band Review to plan for that day, and then I realized about the 13 part!

 

[Hope4More]

I got so wrapped up in the case being appealed in your link (Glossip) I forgot to apply any of it to JA's case. lol Also (on another case), I much appreciate your views and knowledge shared on the Viafore thread, I've been following it since near the beginning and am in complete agreement, esp. after having viewed some of the LE interview in the 48 Hrs. program.

Geevee...LOL about getting lost in the Glossip case materials.

After I read the US Court of Appeals ruling I went down the rabbit hole again and read the whole appeal that ruling was based upon...

Mercifully, that (and a bunch of old news articles etc) were enough for me to reach my own conclusions about his case. I think he's guilty, but I also think he didn't get a fair trial the second time around either.

As for Viofore thread...thanks. I don't think the accused is especially likable or warm or perhaps even decent, but I'm way more appalled that she's being charged with so much based on so very little.


Adding....I wish there was a thread here to discuss the Glossip case. Was surprised not to find one....

 

[LinTX]

I don't think CMJA is dictating appeals strategy, though I'm sure she believes she'd be better at it than her appointed attorneys.

My latest uneducated guess about what's going on comes from reading a US Court of Appeals ruling on an habeus corpus appeal by Richard Glossip (on Oklahoma death row, execution just delayed by 2 weeks).

It's a really good read, BTW, for anyone interested in how appeals relating to ineffective counsel, etc. are heard, discussed, and ruled upon at the federal level... here's the link:

www.ca10.uscourts.gov/opinions/10/10-6244.pdf

(edited link-sorry. Had posted wrong link).

My take away of relevance here (if I understood correctly) is the Court's insistence that it could not take into consideration any claims of constitutional violations that had not been raised during the state- level appeals process.

Hmm. Based on that, my guess is that her AA doesn't anticipate actually being able to disqualify the COA altogether, and perhaps, not even the 3 judges who ruled against CMJA's Special Action. Perhaps the AA is just trying to fashion a constitutional violations argument related to the COA's role, and entered the related motion to disqualify to ensure the issues were included in the state-level appellate record.

Maybe I'm just not understanding the connection you are drawing to Glossip's habeas petition, but in Nurmi's COA appeal constitutional claims were made and the COA also cited several US Supreme court decisions in their denial, so it's already on record. If this issue is included in their state appeals, it will be in the appeal brief and that will satisfy the federal habeas requirement. Apparently Glossip never mentioned any federal law or case violations in his state appeal at all.

 

[Hope4More]

Maybe I'm just not understanding the connection you are drawing to Glossip's habeas petition, but in Nurmi's COA appeal constitutional claims were made and the COA also cited several US Supreme court decisions in their denial, so it's already on record. If this issue is included in their state appeals, it will be in the appeal brief and that will satisfy the federal habeas requirement. Apparently Glossip never mentioned any federal law or case violations in his state appeal at all.

1. The AZ SC refused to hear (accept jurisdiction of ) Nurmi's appeal regarding the COA's Special Action ruling.

2. The SC's refusal to review that appeal doesn't preclude her AA from raising new or reworked constitutional issues relating to CMJA's "right" to testify in closed court.

3. For example. Nurmi argued to the COA that CMJA's due process rights (14th amendment) outweighed the 1st amendment rights of the media, a constitutional argument.

The COA declined to address the merits of that argument, relying instead upon tenets of AZ Criminal Procedures to reframe the issue as one of whether or not CMJA's refusal to testify/circumstances of her refusal met the specific burden of a "clear and present danger."

4. It's a different landscape now legally, post - sentencing, than back then. Maybe there's grounds now for an AA to argue that the COA applied the wrong standard, or that there are still unresolved constitutional issues because the COA declined to take them up...along those lines.

In any case, I'm not sure Nurmi raising constitutional issues in that Special Action and in his appeal to the SC meets the requirement Gossip's court pointed out. Just don't know....all of this is my completely uninformed guesswork....

5. I referred to the Glossip ruling because the Court's mentioning of that state-first procedure got me thinking, not so much because their ruling was specifically on point. (Well that, and I found the doc fascinating and thought others might too).

 

[Caylee Advocate]

WTG Juan Martinez!!!




http://www.prosecutorialaccountabil...notorious-prosecutor-off-the-hook-once-again/

 

[geevee]

WTG Juan Martinez!!!




http://www.prosecutorialaccountabil...notorious-prosecutor-off-the-hook-once-again/

‘All the young prosecutors want to be like Juan Martinez now,’ said Alan Tavassoli, an attorney with the Maricopa County Public Defender’s Office. ‘He’s a role model.’

As the author noted, 'And there you have it'.

 

[Hope4More]

I wonder if CMJA knows how quickly she's been so thoroughly forgotten. There's been absolutely no coverage of her appeal in the media, and only a few handfuls of folk here and there mention her at all.

How sweet the silence....

 

[Hope4More]

WTG Juan Martinez!!!




http://www.prosecutorialaccountabil...notorious-prosecutor-off-the-hook-once-again/

I guess the AZ Supreme Court must be part of the vast Mormon conspiracy to kill earth angels.

 

[Soulsad]

God Bless Juan Martinez.
This article sounds so one sided. Sour grapes in my opinion.
There is no mention of the slandering of Travis's GOOD name and the defense doing all they could to prolong the trials; making it so difficult for Travis's family.
I agree 'Caylee Advocate' - "WTG Juan Martinez!!!"

WTG Juan Martinez!!!




http://www.prosecutorialaccountabil...notorious-prosecutor-off-the-hook-once-again/

 

[LinTX]

That article is IMO a grab for hits. This is not one of the AZ Bar complaints supposedly entered against JM, it's just one murderer's appeal where he alleged prosecutorial misconduct. A very high percentage of felony appeals include prosecutorial misconduct, and due to JM's courtroom style and the types of cases he handles, I'd guess his percentages are even higher than other prosecutors. Very few claims of misconduct in appeals are found harmful, and the term itself is awfully vague and easy to claim. OTOH, why do we not see claims of defense attorney misconduct? Because it's the convicted that appeal.

There is still nothing showing up on the JM claims to the AZ Bar, btw. Which means either the claim(s?) are still under review, or have been dismissed, AFAIK. Since that DA group decided to publicize the fact that they were filing a claim, it would be nice to think that we'd hear if it were dismissed, but I doubt that will ever happen.

 

[b_lab7410]

God Bless Juan Martinez.
This article sounds so one sided. Sour grapes in my opinion.
There is no mention of the slandering of Travis's GOOD name and the defense doing all they could to prolong the trials; making it so difficult for Travis's family.

Yeah... best example was Travis, but they JA defense tried to trash Deanna, DeMarte, everyone...

DeMarte: I was a trained clinical director for psychological services
Willmont: But... you didn't have a PHD, or you weren't licensed?
DM: I just told you, like 4 times, Yes, I was, requirements changed so I logged even MORE hours in training and obtaining my license, etc etc.
Willmont: Buut, you're not THAT intelligent, *cough* come on. It's not like... you're a fancy pants LAWYER like me...
DM: What?
Nurmi: She's unqualified your Honor...
Juan Martinez's ad hominem attack: *SMF* Tweedledee and Tweedledum, I swear
Jury: *SMF* Poor Juan Martinez

 

[Caylee Advocate]

God Bless Juan Martinez.
This article sounds so one sided. Sour grapes in my opinion.
There is no mention of the slandering of Travis's GOOD name and the defense doing all they could to prolong the trials; making it so difficult for Travis's family.
I agree 'Caylee Advocate' - "WTG Juan Martinez!!!"

Yes Soulsad, we say it LOUD, and we say it PROUD!! The article was pretty much a jealous rant about "Juan The Man". I for one, love his style.

 

[Caylee Advocate]

Well, alrighty then. Interesting read. I wonder why the trust-me appellate fund scam hasn't been updated since August 1st? Account balance is probably a big fat "0" Poor suckers should have known better. :shame:



https://behindthewordswithkim.wordpress.com/2015/06/16/behind-the-jodi-appellate-fund/

 

[RickshawFan]

I was up in Yreka a few days ago. I had forgotten what a desert of nothing it is there. I mean, there's no reason to leave the highway right there, even for a meal: it's so bleak and uninviting, and most people stop at Weed or Shasta. I'm thinking the Ariases must originally have moved there to escape something, either because of themselves or their psychopath daughter. Had they got the attention of the law before? Did Jodi have a juvenile record that got expunged?

It says something about the glaring ineptitude of the Perryville Princess that she never figured out just to up and move away from Yreka. All by her little self. No running after a boyfriend to get herself a new situation.

 

[Wing Ding]

I was up in Yreka a few days ago. I had forgotten what a desert of nothing it is there. I mean, there's no reason to leave the highway right there, even for a meal: it's so bleak and uninviting, and most people stop at Weed or Shasta. I'm thinking the Ariases must originally have moved there to escape something, either because of themselves or their psychopath daughter. Had they got the attention of the law before? Did Jodi have a juvenile record that got expunged?

It says something about the glaring ineptitude of the Perryville Princess that she never figured out just to up and move away from Yreka. All by her little self. No running after a boyfriend to get herself a new situation.

I've driven through that area a few times over the years when visiting friends and relatives in Oregon and never even noticed Yreka. I've stopped in nearly every other city along the way (Anderson, Red Bluff, Redding, Shasta and Weed), but not once did I even see or notice any signage for Yreka. So it must be small. To paraphrase Arthur (from the movie Arthur): "It's terribly small... tiny little place. Rhode Island could beat the crap out of it in a war. I'm talking small! You could take a cab from one end to the other for 85 cents. And they recently had the whole place carpeted. THAT'S how small it is."

But I think the Arias family moved to Yreka from Santa Maria when Jodi was in (or just out of) junior high to be near the mom's parents. So I guess she (Sandy, aka #1 MOM) grew up there? I dunno. I don't remember hearing Jodi had a juvenile record, but she was doing stuff that she could have found herself in court for. Growing pot, hitting brother w/ baseball bat, cutting school, animal cruelty (not sure if anyone else besides Jodi knew that she kicked the family dog that ended up running away -- so she says) and maybe even curfew.

Hmm... I wonder if she apologized to Doggy Boy yet. She's had plenty of time. Maybe she's just been too busy planning her Welcome Home party for when her wrongful conviction is rightfully overturned. [snort, snort]

Does anyone know what The Princess of Perryville has been up to these days? Has she finally gotten that neck tattoo that she's always wanted?

 

[Caylee Advocate]

This is hilarious... or at least I thought so. :laughing:



https://behindthewordswithkim.wordpress.com/2015/09/29/behind-the-cross-examination-part-6/

 

[Caylee Advocate]

I've driven through that area a few times over the years when visiting friends and relatives in Oregon and never even noticed Yreka. I've stopped in nearly every other city along the way (Anderson, Red Bluff, Redding, Shasta and Weed), but not once did I even see or notice any signage for Yreka. So it must be small. To paraphrase Arthur (from the movie Arthur): "It's terribly small... tiny little place. Rhode Island could beat the crap out of it in a war. I'm talking small! You could take a cab from one end to the other for 85 cents. And they recently had the whole place carpeted. THAT'S how small it is."

But I think the Arias family moved to Yreka from Santa Maria when Jodi was in (or just out of) junior high to be near the mom's parents. So I guess she (Sandy, aka #1 MOM) grew up there? I dunno. I don't remember hearing Jodi had a juvenile record, but she was doing stuff that she could have found herself in court for. Growing pot, hitting brother w/ baseball bat, cutting school, animal cruelty (not sure if anyone else besides Jodi knew that she kicked the family dog that ended up running away -- so she says) and maybe even curfew.

Hmm... I wonder if she apologized to Doggy Boy yet. She's had plenty of time. Maybe she's just been too busy planning her Welcome Home party for when her wrongful conviction is rightfully overturned. [snort, snort]

Does anyone know what The Princess of Perryville has been up to these days? Has she finally gotten that neck tattoo that she's always wanted?

I read somewhere that the manslayer is actively involved in wanting to start a prison program wherein we law abiding, non felon good people can "adopt" an inmate and help them to secure (send $$$$) more TP, soap, sanitary pads, and other necessities. Oh, and Shawna Ford is also involved. LMAO. If 281129 is so caring, possibly she could waive her appeals donations, and let those poor misguided felons get their needs met. :shame: The site is something like "Lifers Caring 4 Life"

 

[Wing Ding]

I read somewhere that the manslayer is actively involved in wanting to start a prison program wherein we law abiding, non felon good people can "adopt" an inmate and help them to secure (send $$$$) more TP, soap, sanitary pads, and other necessities. Oh, and Shawna Ford is also involved. LMAO. If 281129 is so caring, possibly she could waive her appeals donations, and let those poor misguided felons get their needs met. :shame: The site is something like "Lifers Caring 4 Life"

You see? You see how she helps people? And we all wanted to kill her. Tsk, tsk.

I agree that redirecting her appeals funds (60-80K?) to prisoner accounts would go along way to meeting their ever-demanding needs. And Snickers bars.

The Jodi Arias Subsidy. I like it!

 

[Nore]

Maybe we could give in. Each sendher a roll of toilet paper ~ for she is full of Chit!!!:laughing: