Jodi Arias Legal Question and Answer Thread *no discussion*

[Simp]

Little O/T here but a question for our attorneys..... If someone in the courtroom (just an observer) hears a conversation between a client and their attorney OR attorney and the client's family, is it "legal" to post that information on a website?

 

[AZlawyer]

Little O/T here but a question for our attorneys..... If someone in the courtroom (just an observer) hears a conversation between a client and their attorney OR attorney and the client's family, is it "legal" to post that information on a website?

It wouldn't be illegal to repeat overheard privileged conversations--although if an attorney did it I would hope the State Bar would take action against that person. And discussions with family members wouldn't even be privileged.

 

[ClosArgs]

I'm a little out of the loop on this trial and was unable to see the the PA's case. Have watched defense. I have a couple of questions for those of you who have been following this case since pretrial hearings.
1. I see matt m was on defense's witness list. However, Jodi didn't seem easy with discussing him yesterday. She seemed to not be certain he was still a "friend". Does anyone know if he has been linked in anyway to the forged letters? And whether he corroborated her allegations of neck bruising to the police?
2. Is the first boyfriend Bobby on the defense witness list?

 

[tinkabella]

A poster suggested that the state believed these letters were true and would hurt their case..can you point out to us anything in here that shows they feel her letters are true...thanks

http://www.docstoc.com/docs/10982855...ourt-Documents

 

[polleypockets]

if jodi slips in the forged pedo letters fast enuf b4 the objection is made that were not allowed into evidence, then would that cause a mistrial because even if her answer is stricken, its would still be in the jury's minds?

 

[polleypockets]

and do you think nurmi might be suborn perjury, and can it be proved (and then what happens if it is?)

 

[polleypockets]

sorry - also - whats the difference between the judge sustaining a question or the judge tells them to rephrase?

 

[AZlawyer]

A poster suggested that the state believed these letters were true and would hurt their case..can you point out to us anything in here that shows they feel her letters are true...thanks

http://www.docstoc.com/docs/10982855...ourt-Documents

Your link didn't work, but I've seen another docstoc link that included the State's Reply asking for the letters to be kept out of evidence, and that document certainly didn't suggest that they thought the letters were true. It suggested that they thought the letters were forgeries.

 

[AZlawyer]

if jodi slips in the forged pedo letters fast enuf b4 the objection is made that were not allowed into evidence, then would that cause a mistrial because even if her answer is stricken, its would still be in the jury's minds?

Well, I don't think the state would ask for a mistrial, because they don't want to start from scratch and give Jodi time to prepare more (or decide not to testify at all) on retrial.

If JM has good strong evidence that those letters were forged, I think if she mentions them, he will ask to bring in the forgery evidence.

 

[AZlawyer]

and do you think nurmi might be suborn perjury, and can it be proved (and then what happens if it is?)

1) No.

2) Depends on what the situation is. I don't know what evidence there would be to prove it.

3) He would be in a lot of trouble.

Ain't gonna happen IMO. This guy has been a defense attorney long enough to know what career-killing things he can't do.

 

[AZlawyer]

sorry - also - whats the difference between the judge sustaining a question or the judge tells them to rephrase?

Telling the attorney to rephrase is basically saying that the judge plans to sustain the objection unless the attorney drops that question and asks a better one.

 

[nosytrish]

is labeling someone a hostile witness something that really happens outside of the movies? Can she be labeled as such and what does that mean?

 

[AZlawyer]

is labeling someone a hostile witness something that really happens outside of the movies? Can she be labeled as such and what does that mean?

Normally, when you call a witness to the stand, you can't ask them leading questions--in other words, you can't "cross-examine" them.

If you get a witness declared a hostile witness, you can "cross-examine" them even though you're the one who called that witness to the stand.

There would be no point in JM getting JA declared a "hostile witness"--he didn't call her to the stand, so he's already allowed to ask her leading questions (i.e., "Isn't it true, ma'am, that the decision to move to Arizona was YOUR decision?", rather than "Whose decision was it for you to move to Arizona?").

 

[GobBluth]

Verified Attorneys: Is there any evidence or testimony that the State was ONLY able to get entered, because the DT put JA on the stand? (That would have NOT been admitted if JA would have never taken the stand, in other words.) Thanks!

 

[snowcat]

Hi Ws Attorneys:


I am rivited and am having no prob following JM. I find he is also being effective at exposing her lies, stalking, jealousy and in making her appear combative.

Question: Isn't it true that JM must go through all the painstaking details in order to be able to use it in his closing?

Some ppl seem to be getting antsy and want him to move on but I'm guessing he is doing what he has to do to get his points on the court record so he can prove 1st degree?


thx

 

[sleuth21]

Verified Attorneys: Is there any evidence or testimony that the State was ONLY able to get entered, because the DT put JA on the stand? (That would have NOT been admitted if JA would have never taken the stand, in other words.) Thanks!

It does seem like there are things coming in that they may not have entered into evidence. They at least held things back, like the magazines and diaries, that they only sprung once she testified.

Normally the writings or spoken words on video or audio of another person are considered hearsay, like the magazines, journals or 48 Hours Interview. The rule is different when it comes to the writings or words of a defendant. In those cases it can be entered into evidence. But to lay foundation for the journal and the magazines, etc. they would have had to bring in testimony to show their connection to Jodi. In this case they are bringing a lot of things in through her directly. The nice thing is that the jury not only sees these things but, since JA is testifying, she can be grilled regarding their content.

 

[nosytrish]

Normally, when you call a witness to the stand, you can't ask them leading questions--in other words, you can't "cross-examine" them.

If you get a witness declared a hostile witness, you can "cross-examine" them even though you're the one who called that witness to the stand.

There would be no point in JM getting JA declared a "hostile witness"--he didn't call her to the stand, so he's already allowed to ask her leading questions (i.e., "Isn't it true, ma'am, that the decision to move to Arizona was YOUR decision?", rather than "Whose decision was it for you to move to Arizona?").

thanks for the quick response!! So another question.....is what she's doing usually something the judge would speak with her about? For example when she's asking questions back instead of answering or when she tries to elaborate on a yes/no question....can the judge say "answer the question yes or no" or is it all up to the lawyer/prosecutor to control the situation?

 

[AZlawyer]

Hi Ws Attorneys:


I am rivited and am having no prob following JM. I find he is also being effective at exposing her lies, stalking, jealousy and in making her appear combative.

Question: Isn't it true that JM must go through all the painstaking details in order to be able to use it in his closing?

Some ppl seem to be getting antsy and want him to move on but I'm guessing he is doing what he has to do to get his points on the court record so he can prove 1st degree?


thx

Well, I don't think he needs to argue over EVERY tiny point and win EVERY word game with her lol, but certainly he needs a lot of what he's working on getting right now for his closing.

 

[AZlawyer]

thanks for the quick response!! So another question.....is what she's doing usually something the judge would speak with her about? For example when she's asking questions back instead of answering or when she tries to elaborate on a yes/no question....can the judge say "answer the question yes or no" or is it all up to the lawyer/prosecutor to control the situation?

She's being difficult, but only rarely does she actually fail to answer the question. JM could move to strike her answers as non-responsive and the judge could direct her to answer, but that makes him look like he can't get the job done without help from the judge (and slows down the rhythm of cross, but IMO that's pretty messed up already).

The judge can't say "answer yes or no" unless it's truly a yes or no question. A lot of JM's questions are not.

 

[pinkie60]

excuse me if this has been asked, what happens if there is a hung jury? and God forbid, is there any chance of acquittal?