Will Casey face probation?

[Tugela]

This is not a conspiracy. Sheesh. This decision is going to have FAR reaching effects beyond FCA. That is why he is taking his time. For cripes sake, he was having to look at case law outside of Florida for help. I'd rather he take his time on this than rush it. And guys, he just lost a huge case. That has to be wearing on him, not because he's obsessed and selfish, but because he knows it's a travesty of justice as much as we do, and who knows, maybe he's questioning rushing the jury and things like that in his mind. This is big blow to him, and I think he knows it. He knows he can't come off looking vengeful towards Casey, but he can't just give her a break either and affect many, many convicted criminals beyond Casey. He's between a dang rock and a hard place. He definitely gets my sympathy here, and I think he should take all the time he darn well needs. He takes his time, and he's thorough, and he's been like this since he was put on Casey's case. That's the type of judge I respect.

Judges are impartial. They neither win or lose cases. If he feels either way he should be recusing himself.

 

[Tugela]

OJ simpson and MJ did not have any harm come to them after verdicts.

Lol...they also left the country, an option not open to KA.

 

[Tugela]

judge perry said he was in trial all week. imo it's highly probable he is just BUSY. i'm sure the casey anthony case is not the only thing he has on his agenda. imo this is obviously a situation that warrants a lot of research. i don't think i would prefer a judge to just blindly rule on a complicated issue without doing a more reasonable amount of research. he even said in the hearing that the night before he had to cut his research short because he was too tired.

He will take his time because it will set precendent, so it would be an important ruling for reasons unrelated to KA.

He has his legacy to think about, he won't want a reversal on appeal because he couldnt find time to do his job properly on his record.

 

[Tugela]

She was ordered to serve one year of probation after her release from jail. That did not state she could serve probation while serving her time for her offenses. What would be the point. Should have thrown the book at her the first time around.

But she wasn't serving time at the point the sentence was handed down. She was being held on other charges, but she hadn't been convicted.

 

[askfornina]

He will take his time because it will set precendent, so it would be an important ruling for reasons unrelated to KA.

He has his legacy to think about, he won't want a reversal on appeal because he couldnt find time to do his job properly on his record.

i do agree heartily.

 

[ZsaZsa]

Really that easy? So why don't you tell us exactly the case law he should cite and why?

Well he is the Chief Judge, so he knows how to follow legal documents. My recommendation would have been to read JS's order and get it right the first time.

 

[grandmaj]

I don't know. There are some key points I think that the Judge needs to consider.

He asked the defense when they knew that Casey was serving probation while in jail. The answer was early on. He then asked what if any obligation they had to notify the court as they are officers of the court. Lisabeth Fryer said she didn't feel it was their obligation.

The State a party to this case was not notified according to Frank George and he said they only found out two weeks prior to the hearing.

The Judge questioned the type of probation.

I think Hornsby had a good point that the Defense under what happened had a sword/shield by not notifying the court/State. Had Casey done something wrong they would/could have screamed she wasn't on probation.

The judge had to look for more case law on how much time there was to correct written error on a sentence.

So I think the judge had some homework to do and more than likely got some emergency cases in addition to the ones he had Monday, Tuesday or they ran over.

 

[LambChop]

Well he is the Chief Judge, so he knows how to follow legal documents. My recommendation would have been to read JS's order and get it right the first time.

I think HHJP was totally caught off guard with the probation. If HHSS had still been the judge he would have added that probation should be at the time of her release and DT would have been happy just to have her out. Of the mountains of paperwork I'm not sure how HHJP would have known, unless he specifically asked HHSS is this written order regarding Ms. A's probation correct and has she already served that time in prison. HHSS is saying it is incorrect and not what he ordered. So this is where HHJP is right now. The written order was incorrect and now he is expected to rule on it. jmo

 

[Horace Finklestein]

He will take his time because it will set precendent, so it would be an important ruling for reasons unrelated to KA.

He has his legacy to think about, he won't want a reversal on appeal because he couldnt find time to do his job properly on his record.

If only he had thought that way during jury selection - and also he should have researched this and decided it when she was sentenced, not a month later.

 

[DesSands]

Our system has alot of flaws. One that I think should be changed or looked at is juries should be aware of what type person they are judging. It's not fair to them to withhold a person's record and expect them to come to a fair verdict. I know that you don't want to slant them by doing so, but if a person is a repeat offender, they should know it.
Now onto the judges, they're elected officials in JP's category. Guess how they got there? Politics hmmm, Guess who goes to fundraisers and the like for elected officials? Hmmm people with lots of moolah, like CM and <modsnip>.

 

[lauriej]

Does anybody know what trial HHJP is hearing.
I am wondering if it's the murder trial Bill Sheaffer said he had in HHJP's courtroom in Aug.

..judgeP did say that he was taking over judge adam's division.

..this murder case of bill sheaffer's -----judge --- john h. adams sr.

..also--*point of interest---billS said that he was going up against SAO frank george on this one.

http://myclerk.myorangeclerk.com/CaseDetail.aspx?CaseID=6184038

NGUYEN, CHIEU VUVINH
Also known as NGUYEN, CHARLES

Lead Attorney(s)
William Jay Sheaffer ESQ.

charges:
First Degree Murder (attempt)
Cr-Aggravated Battery with a Deadly Weapon


most recent entry on the docket:
08/04/2011Status Hearing (9:00 AM) (Judicial Officer Adams, John H, SR)

 

[DesSands]

Oh ans PS, as long as we're chatting about injustices, let me tell you about my son.
I raised 4 boys, NOT 1 ever spent a night in jail. They knew the meaning of hard work, school work, activities and responsibility.
My son saved his money and bought himself a gold chain and his Grandma gave him another one for his 16 th birthday.
After he got out of his part time job, he went to play basketball. When he went in the back to change his clothes, 4 punks jumped him and literally ripped the gold off his neck and beat him. The only reason he wasn't killed is a coach finally heard his pleas and came to his rescue.
They all had records, they were 16-18 yrs. old.
I went to court with him and the judge dismissed the case due to lack of evidence. The bruises (circular around my son's neck) swollen eyes, pictures and police report didn't count.
But I did see KARMA in action. That's why I always say KC will get hers.
One month later 3 of the boys were caught in a robbery again. The 4th one wasn't lucky enough to be arrested. The owner of the store he kept breaking into took the law into his own hands and shot him as he entered through the basement window.
It is very sad because if the judge had done something a month earlier that young man would still be alive. He had many other brushes with the law, so there's no guarantees he would have ever straightened out. But as a mother, I felt he was terribly misguided and felt for his mother, despite what they had done to my son.

 

[DesSands]

I think HHJP was totally caught off guard with the probation. If HHSS had still been the judge he would have added that probation should be at the time of her release and DT would have been happy just to have her out. Of the mountains of paperwork I'm not sure how HHJP would have known, unless he specifically asked HHSS is this written order regarding Ms. A's probation correct and has she already served that time in prison. HHSS is saying it is incorrect and not what he ordered. So this is where HHJP is right now. The written order was incorrect and now he is expected to rule on it. jmo

Simply because a clerk or someone makes a mistake, shouldn't take precedent to a judge's orders during sentencing. This is what JS wanted and his orders should be followed. Somehow I don't see how she could have served it in jail. From what I understand, a probation officer visited her in jail and outlined what would be expected of her if and when she was released. They left her the papers, that doesn't constitute a 1 yr probation. And how can they gauge if you will reoffend if you're in prtotective custody 23 hrs a day? JP needs to make her fulfill her obligations once and for all, and he needs to add some time on too. I still don't think you can get double credit here. The 412 days served was for the check chgs. Ok, then when does the clock start ticking for lying to LE. She owes them about 1 and half - 3 yrs yet. Who cares if people don't like her. :loser:

 

[lauriej]

Well he is the Chief Judge, so he knows how to follow legal documents. My recommendation would have been to read JS's order and get it right the first time.

..this is judgeP's first time.

..when he took over the criminal case (april 2010) the check case/sentencing was long over.

..there would be no reason for him to go back over what had/hadn't happened in the case ( and especially the 'side-case--check fraud' that he would be having nothing to do with since it was over.) for the past year and 1/2-----his job was the criminal case, from that date forward.

..the check case sentence wouldn't have crossed his mind when he was sentencing her in the criminal case---liar X4.

..it was only judge strickland who became aware of it----b/c HE knew that he had stated that her probation on the 7 counts he withheld adjudication was to start upon release.

..he then amended his original order to include the same words as his oral order-------1 year probation "upon release".

..which is what judgeP now needs to research and figure out what law applies.

 

[jon_burrows]

Whatever this bunch comes up with will not surprise me. All I know is a man that shot a bird will spend more time in jail compared to a child murderer. Kind of sad isn't Judge Perry?

FCA likes to flip the bird in court too. If you watch the video please read the description first. I'm not sure who is worse, Casey or Jose sticking his tongue out.

<modsnip>

Will she do probation? I think if she had another judge, yes. With JBP, no. Probation will be the only thing that will force her to get a job. The best thing that can happen to her is to get a job, learn how to pay bills with the money she earned, and hopefully stop stealing. If she gets no probation or the laughable 'call-in-whenever-I-want-from-anywhere' nothing will change for FCA and she'll revert back to her old ways. Her defense team won't take care of her forever. They are probably planning right now how to unload her.

IMO

 

[Aedrys]

Judges are impartial. They neither win or lose cases. If he feels either way he should be recusing himself.

Judges are also human, not impartial robots. This was a HUGE case, probably one of the biggest of his career, not one of the cases he sees everyday. I'm not saying his feelings are swaying the decision he makes, but this case is probably on his mind and he probably wants to do the right thing according to the law here. I never said he was so far gone in his emotions that he couldn't be impartial. I just meant that this case weighs on him, and I'm sure this decision is weighing on him too, which is why he's taking his time. He knows this isn't a light decision to make in ten hours and blow off.

 

[BigFatMommyDog]

I'm sorry - did I dream this or was there some expectation by the DOC that FCA would report this morning?

Sorry, I know I read it here somewhere and I cannot find it...

 

[logicalgirl]

I'm sorry - did I dream this or was there some expectation by the DOC that FCA would report this morning?

Sorry, I know I read it here somewhere and I cannot find it...

I think you were just dreaming - there was no commitment or reason for her to report in this morning. This morning is the soonest HHjP expected to make a decision on the probation issue.

 

[BigFatMommyDog]

I think you were just dreaming - there was no commitment or reason for her to report in this morning. This morning is the soonest HHjP expected to make a decision on the probation issue.

Thanks - I didn't believe it would happen (I find I don't believe much anymore - but that's my little cup of ennui don't you know - lol), but I swore I read it here yesterday- unless it was an old quote....

 

[TallCoolOne]

Judges are also human, not impartial robots. This was a HUGE case, probably one of the biggest of his career, not one of the cases he sees everyday. I'm not saying his feelings are swaying the decision he makes, but this case is probably on his mind and he probably wants to do the right thing according to the law here. I never said he was so far gone in his emotions that he couldn't be impartial. I just meant that this case weighs on him, and I'm sure this decision is weighing on him too, which is why he's taking his time. He knows this isn't a light decision to make in ten hours and blow off.

Humph, funny that. More time is being spent deciding on her probation than the 12 mindless jurors spent deciding the outcome of the trial. Oh the irony.......