2011.04.28 Emergency Media Motion

[Sparky]

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[Sparky]

Florida 5th District
ORDER MAY 4, 2011


http://www.5dca.org/Clerk/5D11-1452/11-452_Order050411.pdf


Florida Rules of Appellate Procedure Rule 9.100 (d)

(d) Exception; Orders Excluding Press or Public.

(1) A petition to review an order excluding the press or public from access to any proceeding, any part of a
proceeding, or any judicial records, if the proceedings or records are not required by law to be confidential, shall be
filed in the court as soon as practicable following rendition of the order to be reviewed, if written, or announcement
of the order to be reviewed, if oral. A copy shall be furnished to the person (or chairperson of the collegial administrative
agency) issuing the order, and to the parties to the proceeding.

(2) The court shall immediately consider the petition to determine whether a stay of proceedings in the lower
tribunal is appropriate, and on its own motion or that of any party, the court may order a stay on such conditions as
may be appropriate.

(3) If requested by the petitioner or any party, or on its own motion, the court may allow oral argument.


http://www.4dca.org/applellate rules.pdf

pages 16 & 17

 

[Purple Iris]

HLN is reporting that the 3 judge hearing/ruling has come back and said that the state and the defense have until Friday 10AM to reply and answer what the media is wanting.

In essance, making the media's request a "moot point" cause the jury info will be released on Monday anyway then, if I am understanding this correctly??

 

[lowens1975]

From the Florida Government in the Sunshine Manual

Found at: http://myfloridalegal.com/webfiles.nsf/WF/MRAY-6Y8SEM/$file/Sunshine.pdf

a. Criminal proceedings
A court possesses the inherent power to control the conduct of proceedings before it. Miami Herald Publishing Company v. Lewis, 426 So. 2d 1 (Fla. 1982); and State ex rel. Miami Herald Publishing Company v. McIntosh, 340 So. 2d 904 (Fla. 1977). A three-pronged test for criminal proceedings has been developed to provide "the best balance between the need for open government and public access, through the media, to the judicial process, and the paramount right of a defendant in a criminal proceeding to a fair trial before an impartial jury." Lewis, supra at 7.

Closure in criminal proceedings is acceptable only when:

1) it is necessary to prevent a serious and imminent threat to the administration of justice; 2) no alternatives are available, other than change of venue, which would protect the defendant's right to a fair trial; and 3) closure would be effective in protecting the defendant's rights without being broader than necessary to accomplish that purpose.

And see, Bundy v. State, 455 So. 2d 330, 339 (Fla. 1984), noting that the trial court properly used a combination of alternative remedies for possible prejudicial effects of pretrial publicity instead of barring public access to pretrial proceedings.

Bolded by me.

HHJP hit his ruling right on head. The media can be limited in access if it's interference threatens that the defendant can't receive a fair trial.

 

[katydid23]

HLN is reporting that the 3 judge hearing/ruling has come back and said that the state and the defense have until Friday 10AM to reply and answer what the media is wanting.

In essance, making the media's request a "moot point" cause the jury info will be released on Monday anyway then, if I am understanding this correctly??

I think that depends upon what the appeals court decides on Friday after they receive the rebuttals from the state and the defense. The court can agree with the media motion and force the court to reveal the new venue or they can uphold Judge Perry's wishes and deny the motion. Correct?

 

[Camille]

HLN is reporting that the 3 judge hearing/ruling has come back and said that the state and the defense have until Friday 10AM to reply and answer what the media is wanting.

In essance, making the media's request a "moot point" cause the jury info will be released on Monday anyway then, if I am understanding this correctly??

Maybe they will deliberate all day and rule at close of the day on Friday in which case the clerk will have all weekend to prepare documents with the location for release to the public.:rocker:

 

[ZsaZsa]

Maybe they will deliberate all day and rule at close of the day on Friday in which case the clerk will have all weekend to prepare documents with the location for release to the public.:rocker:

Are you saying they will deliberately drag their feet on this?

 

[ExpectingUnicorns]

I love how Bill Sheaffer, in this video analysis, refers to the media's request as an "early disclosure" to the news media ~ as opposed to a denial, delay or withholding of information. . . You go, Mr. Sheaffer!

http://www.wftv.com/video/27777771/index.html

 

[Tiki]

At the hearing, HHBP asked JB if he agreed with the media's motion. JB said "no."
I don't think the SA will disagree with the judge either, so could that mean the media's case wouldn't be heard?

 

[sleutherontheside]

http://blogs.orlandosentinel.com/entertainment_tv_tvblog/2010/04/casey-anthony-wofl-relays-audio-tapes-of-jail-pen-pals-take-on-casey-anthony.html

Casey Anthony: WOFL relays audio tapes of jail pen pal’s take on Casey Anthony


and let's not forget...

http://www.myfoxorlando.com/subindex/news/anthony_case that also goes by
caseyanthonymurdertrial.com

Hmmmmmmmmm

 

[Intermezzo]

Orange County could seat a fair and impartial jury! I agree. I am socially active in this County and know no one at all who follows this case. If I asked 20 people they would not be able to tell me the parents' names let alone the relationship ICA has with her parents. I'm sure my colleagues don't know the difference between Casey and Caylee.

bbm
I agree Amil
I don't know anyone that follows this case.

 

[sleutherontheside]

Some interesting thoughts....
(WPBF)
Terri Parker covered this story...
http://www.msnbc.msn.com/id/42803043/ns/local_news-west_palm_beach_fl/
Casey Anthony Trial Judge Spotted In West Palm Beach
Judge's Visit Raises Speculation Murder Trial Jury Could Be Selected In Palm Beach County


WPBF 25 News has not signed the confidentiality agreement.Read more:
http://www.wpbf.com/news/27772965/detail.html

 

[eileenhawkeye]

bbm
I agree Amil
I don't know anyone that follows this case.

Seriously, there are 1.1 million people who live in Orange County. The idea that they couldn't possible find 12 people who haven't followed the case is absolutely ridiculous.

Also, what is the media coverage in Orlando like? Has it subsided a lot since 2008? Is Casey or Caylee on the cover of the local newspaper and on the local news everyday? Even if you weren't interested in the case, would it be hard to avoid it?

 

[sleutherontheside]

http://www.palmbeachpost.com/news/cerabino-casey-anthony-murder-trial-is-news-porn-1451808.html

 

[luv]

Me either, which is one of the reasons why I love WS since I don't know of anyone (family or friends) who follows this case that I can discuss it with.

 

[Amil]

Seriously, there are 1.1 million people who live in Orange County. The idea that they couldn't possible find 12 people who haven't followed the case is absolutely ridiculous.

Also, what is the media coverage in Orlando like? Has it subsided a lot since 2008? Is Casey or Caylee on the cover of the local newspaper and on the local news everyday? Even if you weren't interested in the case, would it be hard to avoid it?

Yes, the local news both tv and newspaper gives us daily information updates. My colleagues go to work in the morning, exercise or kids' activities in the evening, meetings and activities on the weekends. They aren't home watching the news about this trial. They keep up with local and national politics and events, but this trial is not interesting to them at all. It is probably in their brain from the coverage the same way the Magic basketball team is in my brain. I know they exist, but I don't if they are finished with their season or in competition for a title. I don't know if they are in town or out of town for their game. Same with anything you don't care about - in one ear and out the other.

 

[Noddy]

Seriously, there are 1.1 million people who live in Orange County. The idea that they couldn't possible find 12 people who haven't followed the case is absolutely ridiculous.

Also, what is the media coverage in Orlando like? Has it subsided a lot since 2008? Is Casey or Caylee on the cover of the local newspaper and on the local news everyday? Even if you weren't interested in the case, would it be hard to avoid it?

JB even said in his noon interview that his own family doesn't know anything about this case.

 

[Softail]

:dunno: i still think this entire appeal is really stupid.

We live in a world of Kate Gosselin... not able to go anywhere without a media following her.

Am I led to believe that this is such a huge deal, that NOBODY besides those who signed the agreement are privy to the location? Gimmee a break.

We live in a TMZ world. People will be followed.

I am no rocket scientist, but... DUH... the In Session vans are in Orlando. THEY signed the agreement. DUH! Camp out and follow them!

This is just so beyond ridiculous. It is just silly!

Just my Opinion.... The A's are just saying they are not going as a decoy. They know peeps are going to be camped out, ready to follow~ !

 

[Softail]

JB even said in his noon interview that his own family doesn't know anything about this case.

Do you really believe that?

I have to say, I actually did feel a tiny bit sorry for CM's wife. She made it clear in the interview how she felt.

 

[Melanie]

So what's with this rumour that the trial will be delayed because the judge won't release where the jury pool will come from. . . .please tell me I was dreaming.

MOO

Mel