SG said this in the interview on the DT show that was linked to in an earlier thread (paraphrased a bit):
24:41 ...I'm trying to help people understand how we know for a fact that JD (KG's boyfriend) isn't involved. there is the whole CAST, went into that neighborhood and people are going to...
I think they will lean heavily on the lack of any evidence from the crime found in his car (and apartment if that's also the case). Even though we've seen it in other trials, a lot of people can't wrap their minds around there being no trace of the victims in that car, considering the scene.
JMO
This motion is not really pointing towards a potential ineffective counsel as in the actual attorneys were ineffective or negligent or incompetent. More so that the tremendous amount of discovery in the guilt phase didn't allow them to follow the recommended guidelines for a death penalty case...
They could, but it wouldn't mean they would automatically get it--it's ultimately up to the court. And that sounds like a defense strategy that would warrant a look in the appeals process for ineffective counsel anyway.
The thing with this, I don't think it's so much that she didn't do a lot...
AT doesn't even say herself in the motion that it's the law, so if it is, I'm curious to see the link.
Defendants have a constitutional right for effective counsel, but it's up to the courts to determine that it was or wasn't. There are ABA Guidelines on effective counsel for a death penalty...
Right. She's laying the foundation for ineffective counsel during the appeals process. This defense team is stellar (and I honestly agree with a lot of points AT makes about the state's obligations to the defendant if you're going to pursue the death penalty). There's no way the case can be...
The courts may refer to ABA Guidelines in determining effective counsel in the appeals process and the defense is citing case law to point that out.
But the OP stated that going back 3 generations is required by law and doubled down on that with other posters, so I'd like to see a link to the...
There is no law cited by the defense in that document. You stated that going back 3 generations is required by law and that the defense has no choice but to do this regardless of innocence or guilt. Could you provide a link to that law?
I lean toward BK not going for a plea deal because he has something that most defendants don't have--a potential 4th Amendment challenge with the IGG that could go all the way to the Supreme Court. If the deal means life without parole anyway, you might think why not take your chances the court...
Maybe he doubled up on shoe coverings so he wouldn't leave footprints as he left the scene. Maybe he sat down on the chair for a second to take them off. Maybe even grabbed a shirt or something nearby to wrap them and the knife in, shoving it all in a waiting bag once he got out.
JMO
Judge Hippler wrote this in his Order Memorializing Oral Rulings on Motions in Limine:
The State moves to preclude Defendant from offering any evidence in support of an alibi, other than from Defendant himself. The basis for the State's motion is Defendant's failure to comply with the notice...
I think SG said in one of his interviews that they got a lot of information after the arrest but before the gag order--could be the same for Dateline.
JMO
Updated list on motions:
State's Motions
Demonstrative Evidence--GRANTED
AT&T TARs--GRANTED (qualified regarding very brief voir dire outside presence of jury)
404(b) Traffic Stop--GRANTED (with noted redactions)
Alibi--DENIED (premature at this time)
Improper Death Penalty Comments--DENIED as...
This was mentioned in the Order on the Defendant's MIL RE: Vague and Undisclosed Expert Testimony (page 7).
Defendant disclosed expert opinions from Brent Turvey that more than one assailant was necessary to accomplish the crime in the time frame alleged. Specifically, he asserts that: 1)...
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