Sentencing and beyond- Jodi Arias General Discussion #2

[b_lab7410]

The thing is, has anybody figured out what recusing the entire CoA is going to get Jodi? So her appeal goes directly to the AZ Supreme Court and then . . . what? Just one less step on the way to the US Supreme Court? Maybe I'm dense, but I don't get it.

Just feels like she wants to be news before she's old and she's erased from history. :behindbar

 

[Hope4More]

Beth Karas has the latest Motion to Reconsider. They cite cases where appeals judges were personally involved in the original cases prior to election to the higher courts and where bias was uncovered after the appeal ruling*. One capital case mentioned several times was just granted review by the US Supreme Court (Williams v. Pennsylvania, No. 15-5040). That one is a DP case where the Chief Justice of the Pennsylvania Supreme Court handled the original case as DA, had a hand in asking for the DP, and refused to recuse himself on the appeal. As he was Chief Justice the claim is that his bias tainted the other judges. JA's motion notes that Cattani recused himself but they need to move it to the AZ Supreme Court anyway to ensure fairness, as proving the other judges on the COA weren't tainted by Cattani's bias would be impossible to prove/determine.

*the cases cited were reviewed in higher courts and findings upheld - bias by judge was said to be either harmless error or no due process violation. Not sure how these cases help her, but....

How utterly bizarre!!

As the AG noted in his reply to the original motion, not only is there nothing in AZ law that allows for the entire COA to be disqualified based on allegations against a single judge, but the law explicitly forbids "guilt by association" if you will. The alleged bias etc. of one judge may NOT be presumed to be transferred to other judges.

I cannot imagine why her attys would agree to this reckless approach, unless they have no choice because the killer is once again dictating "strategy."

 

[Hope4More]

I don't see how these cases help her either. It seems to me that this has been a pattern with Jodi's attorneys of citing cases that "sort of" sound like hers, but not quite, but hey, maybe the new judge won't actually read the facts involved.

The thing is, has anybody figured out what recusing the entire CoA is going to get Jodi? So her appeal goes directly to the AZ Supreme Court and then . . . what? Just one less step on the way to the US Supreme Court? Maybe I'm dense, but I don't get it.

Thing is, the AZ Supreme Court is under no obligation to hear her appeal. She is legally entitled to one direct appeal, to the COA, though nothing in the law forces her to file that appeal.

She clearly doesn't want the COA to review her case, but she's not declining that review outright, which would leave her on her own--- no free counsel.

She (and/or her attys) must be convinced the COA will rule against her...maybe they're trying to force the ASC into hearing that one direct appeal she's legally entitled to?

 

[geevee]

Thing is, the AZ Supreme Court is under no obligation to hear her appeal. She is legally entitled to one direct appeal, to the COA, though nothing in the law forces her to file that appeal.

She clearly doesn't want the COA to review her case, but she's not declining that review outright, which would leave her on her own--- no free counsel.

She (and/or her attys) must be convinced the COA will rule against her...maybe they're trying to force the ASC into hearing that one direct appeal she's legally entitled to?

BBM

Agreed, they likely do realize her appeal will be denied, and the reasoning given for such denial by the CoA will only hurt *any* miniscule chance they have of the AZSC taking it up. Could be though that because of the length of trial they're just trying to buy time putting together a real appeal with this silliness. It's going nowhere, it was always going to go nowhere and these attnys filing these frivolous motions should be educated in law enough to have known that and told JA (if she is the driving force careening down this avenue) to sit down, shut up and listen to your betters. Can't the CoA smack them with something for wasting time, pretty please?

 

[Hope4More]

BBM

Agreed, they likely do realize her appeal will be denied, and the reasoning given for such denial by the CoA will only hurt *any* miniscule chance they have of the AZSC taking it up. Could be though that because of the length of trial they're just trying to buy time putting together a real appeal with this silliness. It's going nowhere, it was always going to go nowhere and these attnys filing these frivolous motions should be educated in law enough to have known that and told JA (if she is the driving force careening down this avenue) to sit down, shut up and listen to your betters. Can't the CoA smack them with something for wasting time, pretty please?

I think her attys are allowed to take as much time as they'd like to prepare their appeals brief. They can't have even started yet, because half of the trial transcripts have yet to be completed.

I'm beginning to believe that the killer is actually dictating to her attorneys yet again, which is her right. . I'm also wondering if she's acting on an appeals strategy first ginned up by Nurmi, when the DP was on the table.

He sure seemed to think he was presenting a remarkable defense during penalty #2, one that would be discussed for years....remember?

Thinking if that's accurate the core of the appeal is about the killer being denied a fair trial (and mitigation case) because of media saturation.

But...since she received the lighter penalty, the strategy doesn't work, except in her own warped mind.

 

[samspace070]

How utterly bizarre!!

As the AG noted in his reply to the original motion, not only is there nothing in AZ law that allows for the entire COA to be disqualified based on allegations against a single judge, but the law explicitly forbids "guilt by association" if you will. The alleged bias etc. of one judge may NOT be presumed to be transferred to other judges.

I cannot imagine why her attys would agree to this reckless approach, unless they have no choice because the killer is once again dictating "strategy."

I agree Hope4More but why do they listen to her. Does she think she is so special that the rules don't apply to her. JSS gave into her outrageous demands so many times she feels privileged and thinks she can do this in her appeals also? I think these attorneys are incompetent or they are letting this know it all call the shots. Aren't these new attorneys? Has the former ones quit already?

 

[LinTX]

I agree Hope4More but why do they listen to her. Does she think she is so special that the rules don't apply to her. JSS gave into her outrageous demands so many times she feels privileged and thinks she can do this in her appeals also? I think these attorneys are incompetent or they are letting this know it all call the shots. Aren't these new attorneys? Has the former ones quit already?

Unlike JSS, I suspect both the COA and the AZ SC are used to more tricks than JA could ever imagine trying - they'll handle her.

 

[Hope4More]

I agree Hope4More but why do they listen to her. Does she think she is so special that the rules don't apply to her. JSS gave into her outrageous demands so many times she feels privileged and thinks she can do this in her appeals also? I think these attorneys are incompetent or they are letting this know it all call the shots. Aren't these new attorneys? Has the former ones quit already?

Her current attorneys are definitely competent; one of them actually won an important constitutional case in the ASC. This team did replace another public defender appellate atty (Henny Martin or some such) , but I don't remember hearing about why the original atty was replaced/left.

I imagine the killer won't have any influence about what goes into the actual appeal brief, and I'm sure that brief is all that matters. This insult- the- COA sideshow sure seems to be her product --ugly, vengeful, a vastly over- inflated sense of self-importance, and a certainty that ordinary rules don't apply to her own grand self.

LinTX is right, of course. To the COA and ASC she'll be just one more not terribly interesting case to dispose of forthwith.

 

[samspace070]

Her current attorneys are definitely competent; one of them actually won an important constitutional case in the ASC. This team did replace another public defender appellate atty (Henny Martin or some such) , but I don't remember hearing about why the original atty was replaced/left.

I imagine the killer won't have any influence about what goes into the actual appeal brief, and I'm sure that brief is all that matters. This insult- the- COA sideshow sure seems to be her product --ugly, vengeful, a vastly over- inflated sense of self-importance, and a certainty that ordinary rules don't apply to her own grand self.

LinTX is right, of course. To the COA and ASC she'll be just one more not terribly interesting case to dispose of forthwith.

Thanks Hope4More and LinTx, That is very good news.

 

[Hope4More]

FYI......AZL posted a reply last night to some questions about the motion to disqualify (in legal thread).

 

[Hope4More]

Beth Karas has apparently just published several months of TA's texts on her for-pay site.

To anyone who still has access- anything new in them? Are they worth paying a one month fee to see them?

 

[Colie]

Beth Karas has apparently just published several months of TA's texts on her for-pay site.

To anyone who still has access- anything new in them? Are they worth paying a one month fee to see them?

Depending on what you are interested in. It is Dec 07 and Jan 08. The pedo incident clearly could not have happened. He is texting with Lisa most of the day.
Really very little contact with Arias. A lot of her trying to get his attention. IMO.

 

[Colie]

Also KOC has all of his up until June 3/4. So more to come. Looking forward to seeing late March and early April.

 

[Hope4More]

Depending on what you are interested in. It is Dec 07 and Jan 08. The pedo incident clearly could not have happened. He is texting with Lisa most of the day.
Really very little contact with Arias. A lot of her trying to get his attention. IMO.

Thanks. I wonder why JM wasn't allowed to enter into evidence the fact TA was texting LA all day on that day the killer used after his death to harm him further?

When you look at the dates the killer chose to assign evil deeds to TA, what emerges is a very clear pattern of those dates being meaningful to her as dates she was spurned by TA and she wants to avenge after the fact.

 

[Colie]

There was a motion for Protective order sign by Judge Mackey on August 13, 2015 about the unsealing of sealed items for appeals.
On Friday there was motion to ENFORCE the same motion?
My question is has anyone seen seal material?

9-Oct-2015
File date: 9/4/2015......................M..otion to Disqualify the Court of Appeals (Appellant)
07/Oct/2015 FILED: Response to Motion to Disqualify the Court of Appeals
(Appellee)
DECISION RENDERED: See proceeding entry for ORDER dated
15-Oct-2015 for more information...
MOTION CALENDAR
Department M;
Friday
23-Oct-2015
File date: 10/21/2015..................M...o...
tion to Enforce Protective Order Issued August 13, 2015 (Appellant)
MOTION CALENDAR
Department M;
8 P E N D I N G M A T T E R S
Order to Show Cause - Court Reporter Filed:

 

[Wing Ding]

Thanks. I wonder why JM wasn't allowed to enter into evidence the fact TA was texting LA all day on that day the killer used after his death to harm him further?

Good question. I wondered the same thing. Hearsay? Too prejudicial? If not, why pass up an opportunity to burn Jodi in front of the jury by using text messages between Travis and Lisa to refute her own testimony? Maybe Juan just felt the timing of the texts between T.A. and L.A. that day gave Jodi just enough wiggle room for explanation. God knows she had an answer for everything else in the trial. Except for the knife. As I recall... she didn't have an answer for that, did she? Heh, heh, heh...

 

[salberg7]

Good morning! Is the only way to join KOC with Paypal? I don't have a Paypal account and don't plan to get one. I would really like to read those texts. TIA.

 

[Colie]

Thanks. I wonder why JM wasn't allowed to enter into evidence the fact TA was texting LA all day on that day the killer used after his death to harm him further?

When you look at the dates the killer chose to assign evil deeds to TA, what emerges is a very clear pattern of those dates being meaningful to her as dates she was spurned by TA and she wants to avenge after the fact.

JMO but Juan was in reaction mode the murder testimony. He probably looked for info just between the two. 20/20 is hindsight. And he was doing that for the gas cans and other things maybe it was not as important as other evidence?

IMO the State really dropped the ball with the Helio Phone by never looking at it.

 

[Colie]

Good morning! Is the only way to join KOC with Paypal? I don't have a Paypal account and don't plan to get one. I would really like to read those texts. TIA.

I did get a paypal account but do not have money on the account. I pay monthly to month on my CC. It is not an automatic payment.
I think just brokered through PP for KOC accepting payment.

 

[Shadowboy]

I haven't been out here for a while. Offering this:
http://lizolivia.hubpages.com/hub/Travis-Alexander-and-Jodi-Arias-Relationship-Narrative

A reasonably accurate "timeline." And then there's this:

https://drive.google.com/file/d/0ByBlLbpcgb3wUC1zTVp6dW1Va1U/view?pli=1

JA's "Manifesto." Not sure if we discussed this or not. (Or if we care.)

IMO, JA is one of the (the most?) vile killers in the headlines.