GUILTY FL - Dan Markel, 41, FSU law professor, Tallahassee, 18 July 2014 - #4 *Arrests*

[TTF14]

Could be. But, unless I missed it, I think at this point she was only charged with murder pursuant to a probable cause affidavit. To have a formal indictment for first degree murder, the state needs to take the case to a grand jury. I seriously hope you are right though.

I hope so, too, but thinking more about it, maybe not . Wonder how much time second degree murder carries. Maybe she could plead to manslaughter.

 

[GordonX]

Katherine's court docket was updated today with:
INFORMATION FILED MURDER-SECOND DEGREE
COURT CHARGE LITERAL ENTERED MURDER-SECOND DEGREE

interesting. wasn't her arrest warrant for first-degree murder?

 

[reallybusy]

interesting. Wasn't her arrest warrant for first-degree murder?

warrant homicide-wilful kill murder premeditated

 

[Marvin Berry]

I hope so, too, but thinking more about it, maybe not . Wonder how much time second degree murder carries. Maybe she could plead to manslaughter.

Second degree murder in Florida still carries a maximum of life in prison--but that's very unlikely for someone with a clean record.

 

[reallybusy]

It was "a charge of first-degree murder capital felony case" as stated by judge verbally at her first appearance. The judge reads the charge to her in the video below at 2:25-2:30. So it has indeed been downgraded.

http://crimewatchdaily.com/2016/10/...akes-bombshell-claim-in-murder-of-dan-markel/

 

[BSBC]

I don't know the law in Florida, but in federal criminal cases, the filing of an "information" typically indicates a plea agreement. And the downgrade to second-degree suggests that as well. Can any Florida experts weigh in?


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[SeesSeas]

I don't know the law in Florida, but in federal criminal cases, the filing of an "information" typically indicates a plea agreement. And the downgrade to second-degree suggests that as well. Can any Florida experts weigh in?


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In Florida, a formal charge by the prosecution is by Indictment or Information.
https://floridacriminalprocedure.com/3-140-indictments-informations/
FLORIDA CRIMINAL PROCEDURE
Rule 3.140. Indictments; Informations
(a) Methods of Prosecution.
(1) Capital Crimes. –An offense that may be punished by death shall be prosecuted by indictment.
(2) Other Crimes. –The prosecution of all other criminal offenses shall be as follows:
In circuit courts and county courts, prosecution shall be solely by indictment or information, . . .
(f) Endorsement and Signature; Indictment. –An indictment shall be signed by the foreperson or the acting foreperson of the grand jury returning it. The state attorney or acting state attorney or an assistant state attorney shall make and sign a statement on the indictment to the effect that he or she has advised the grand jury returning the indictment as authorized and required by law. . .
(g) Signature, Oath, and Certification; Information. –An information charging the commission of a felony shall be signed by the state attorney, or a designated assistant state attorney, under oath stating his or her good faith in instituting the prosecution and certifying that he or she has received testimony under oath from the material witness or witnesses for the offense. . .

 

[Marvin Berry]

I don't know the law in Florida, but in federal criminal cases, the filing of an "information" typically indicates a plea agreement. And the downgrade to second-degree suggests that as well. Can any Florida experts weigh in?


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In Florida, to maintain an action for first degree murder, the state needs to bring the case to a grand jury to get an indictment. For example, SG was arrested on May 26 but his formal indictment wasn't filed until June 17. Here, KM was arrested a few days after LR's confession and it's very unlikely the prosecutors got everything in front a grand jury that fast. So while this could be a downgrade because of a plea, it could also be that the state hasn't brought the case to a grand jury, or didn't get the result from the grand jury they were seeking. I'm hoping for the plea.

 

[TTF14]

In Florida, to maintain an action for first degree murder, the state needs to bring the case to a grand jury to get an indictment. For example, SG was arrested on May 26 but his formal indictment wasn't filed until June 17. Here, KM was arrested a few days after LR's confession and it's very unlikely the prosecutors got everything in front a grand jury that fast. So while this could be a downgrade because of a plea, it could also be that the state hasn't brought the case to a grand jury, or didn't get the result from the grand jury they were seeking. I'm hoping for the plea.

If is it NOT a plea, then my assumption would be that they have gotten in front of a grand jury and didn't get the go ahead for 1st degree murder. It doesn't make sense (to me anyway) that they'd just downgrade it without either a plea or a decision from the grand jury. Why would they do that?

 

[Razz]

If is it NOT a plea, then my assumption would be that they have gotten in front of a grand jury and didn't get the go ahead for 1st degree murder. It doesn't make sense (to me anyway) that they'd just downgrade it without either a plea or a decision from the grand jury. Why would they do that?

I believe they are wheeling and dealing...and the subtle messages continue.

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[reallybusy]

In Florida, to maintain an action for first degree murder, the state needs to bring the case to a grand jury to get an indictment. For example, SG was arrested on May 26 but his formal indictment wasn't filed until June 17. Here, KM was arrested a few days after LR's confession and it's very unlikely the prosecutors got everything in front a grand jury that fast. So while this could be a downgrade because of a plea, it could also be that the state hasn't brought the case to a grand jury, or didn't get the result from the grand jury they were seeking. I'm hoping for the plea.

Makes sense. Hoping it's signs of a plea not the necessary procedure. If she was talking and took a plea, it's likely LE would have arrested the Adelson's ASAP before filing this on the court docket. Just like they did picking up KM quickly after LR confessed but before we knew of his plea

"The grand jury serves a very special function in Florida’s criminal courts. The only charge a State Attorney cannot file based on his or her constitutional authority is first degree murder. All first degree murder cases must be presented to a grand jury."
http://www.sa15.state.fl.us/stateattorney/ouroffice/divisions/indexHGJ.htm

 

[TTF14]

Makes sense. Hoping it's signs of a plea not the necessary procedure. If she was talking and took a plea, it's likely LE would have arrested the Adelson's ASAP before filing this on the court docket. Just like they did picking up KM quickly after LR confessed but before we knew of his plea

"The grand jury serves a very special function in Florida’s criminal courts. The only charge a State Attorney cannot file based on his or her constitutional authority is first degree murder. All first degree murder cases must be presented to a grand jury." http://www.sa15.state.fl.us/stateattorney/ouroffice/divisions/indexHGJ.htm

I was wondering about that. Is this absolute fact?

 

[reallybusy]

I was wondering about that. Is this absolute fact?

I am just speculating.

 

[TTF14]

I am just speculating.

Well, it certainly makes sense that's the way it should be, but I know nothing about what happens inside the courthouse in terms of data entry, etc. I hope that the fact that this info. is now "public" (here at WS at least) doesn't push the Adelsons over the edge.

 

[Deleted member 173651]

Does anyone have knowledge that the GJ met without any media coverage or without anyone noticing it on the court schedule?
They meet in secret but it's usually on the court calendar and the media seems to know when it's happening.

When the GJ indicted Rivera and Garcia it was in the newspaper at 6pm that evening.
http://www.tallahassee.com/story/ne...rkel-suspect-indictments-second-day/86005166/


Last time by 6pm TV news was running footage of LE witnesses entering the GJ.
http://www.wctv.tv/content/news/Leo...ew-Markel-murder-case-Thursday-383243371.html

 

[Jerri_Blank]

http://abovethelaw.com/2016/10/the-dan-markel-case-is-katherine-magbanua-cutting-a-deal/

On Magbanua's docket update.

 

[dotr]

http://abovethelaw.com/2016/10/the-dan-markel-case-is-katherine-magbanua-cutting-a-deal/

On Magbanua's docket update.

Thanks for posting!
From link.

If Magbanua in fact served as the middleperson in the Dan Markel murder, as alleged by the police, then the person or people who actually ordered the hit should be running scared right now.

 

[Deleted member 173651]

Lat's post includes no new information. All of this has been on WS for hours.

 

[reallybusy]

A new addition to KM's docket just entered -- a case management conference set for 12/6 at 10:30am in room 3A. That is the same exact day, time and room as Garcia's next case management conference. What does this mean?

 

[friendlyobserver]

Lat's post includes no new information. All of this has been on WS for hours.

I think it has been obvious that Lat's main source of reporting has come from WS.