Jodi Arias Legal Question and Answer Thread *no discussion*

[Doester]

Since the DT subpoena'd Skye and Chris Hughes (my opinion, just to keep them from helping the prosecution), if they are not called on the stand during the DT's case, can they be excused from subpoena? Prior to the end of the case?

 

[runs_with_scissors]

I got the feeling that at the end of court, he must've felt that the "calvary came and saved him." I figure there was a debrief by the Keystone Kops, but in your experience, can that really help in a case like this? I figure that JM has much more to do, what could DT do to help him besides a lot of objections?

Thanks for all of y'all taking the time for us.

 

[minor4th]

Since the DT subpoena'd Skye and Chris Hughes (my opinion, just to keep them from helping the prosecution), if they are not called on the stand during the DT's case, can they be excused from subpoena? Prior to the end of the case?

Probably so if they are not under subpoena from the prosecution.

 

[4Jacy]

Probably because they can't prove that there was any mutilation after he was dead.

Thanks for answering, but I wish they could. What about dragging the body down the hall and throwing the body in the shower stall. (I guess you can tell I want every/any charge brought against her.) I do think she will get the DP, but I would still like every charge documented.

 

[AZlawyer]

Thanks for answering, but I wish they could. What about dragging the body down the hall and throwing the body in the shower stall. (I guess you can tell I want every/any charge brought against her.) I do think she will get the DP, but I would still like every charge documented.

First of all, "abuse of corpse" is not even a crime in AZ. Moving a dead body with the intent to abandon or conceal it is a class 5 felony, though. I suppose Jodi could have been charged with that one.

 

[cosmos]

After further reading in my textbook, I now understand it is mandatory for the forensic psychologist to use DSM-IV as part of the evaluation to make a diagnosis.

I still don't see why he is permitted to read directly from DSM-IV to the jury. It seems to me the state could now have a rebuttal witness read from other sections of DSM-IV, such as symptoms of antisocial personality, and wouldn't that put the jury in the position of rendering their own diagnosis from the selected parts of DSM-IV in evidence rather than relying on the conclusions of experts?

 

[AZlawyer]

After further reading in my textbook, I now understand it is mandatory for the forensic psychologist to use DSM-IV as part of the evaluation to make a diagnosis.

I still don't see why he is permitted to read directly from DSM-IV to the jury. It seems to me the state could now have a rebuttal witness read from other sections of DSM-IV, such as symptoms of antisocial personality, and wouldn't that put the jury in the position of rendering their own diagnosis from the selected parts of DSM-IV in evidence rather than relying on the conclusions of experts?

No, the witness would not be permitted to read from the DSM IV unless it was related to his expert opinion.

 

[Smelly Squirrel]

Samuels told Willmont that ptsd could be from just the killing itself, regardless of whether she was attacked. I'm wonder why JM did not emphasize this in this questioning. Would it have opened up the premeditation door?

 

[katiewonders]

Evidence of "good character" is generally inadmissible.

This seems so backward, evidence given only by defendant's word (lies) of bad character is admissible. Can Juan include comments from friends, etc., about Travis' character in his closing argument?

 

[AnonymousD]

If this man is telling the truth about being a juror, is this acceptable juror behavior?

 

[atm9533]

A speaking objection would be, e.g., "Objection, your honor. She already said she doesn't remember this part of the day," instead of "objection--foundation."

The alternative would be saying "objection" and perhaps a word regarding the legal basis for the objection--e.g., "relevance" or "foundation." Then, if the judge needs more info, counsel would approach the bench to discuss.

So...would the point of this be to prevent so many side bars?

 

[Kierkegaardian]

Attorney Question. New to forum, unsure if this is how I post a legal question.

Suppose, for example, a notebook was entered into evidence. Once marked as evidence with exhibit number and date, is it legal for a defendant to keep writing in it? And if not apropos, would it also be considered attorney misconduct to use it as a basis for an objection?

 

[Ricki]

If this man is telling the truth about being a juror, is this acceptable juror behavior?

Juror No. 3

She is a white female in her 40s. She takes a lot of notes and often watches prosecutor Juan Martinez as he moves around the courtroom. She has been seen submitting questions.

This from the HLN Website

 

[AnonymousD]

Juror No. 3

She is a white female in her 40s. She takes a lot of notes and often watches prosecutor Juan Martinez as he moves around the courtroom. She has been seen submitting questions.

This from the HLN Website

Thanks, Ricki! I did read that, from the article, the day the FB link was posted. However, I didn't know if HLN would purposely "mix up" the numbers of the jurors w/ their descriptions (for what purpose, idk)?

 

[Isabelle]

Can the less than optimal work and performance by PhD Samuels be brought up as a reason for an appeal? Could this be used as part of ineffective counsel, since the defense hired this man? Thanks

 

[Renee110]

Can the less than optimal work and performance by PhD Samuels be brought up as a reason for an appeal? Could this be used as part of ineffective counsel, since the defense hired this man? Thanks

This was answered by 2 attorneys in this thread in the last 2 days. It shouldn't be too far back to find. HTH!

edited to fix typo

 

[AZlawyer]

Attorney Question. New to forum, unsure if this is how I post a legal question.

Suppose, for example, a notebook was entered into evidence. Once marked as evidence with exhibit number and date, is it legal for a defendant to keep writing in it? And if not apropos, would it also be considered attorney misconduct to use it as a basis for an objection?

No one should be marking on an exhibit except if they are on the stand and instructed to do so with approval of the court. I don't think it would be "illegal" unless the defendant actually changed something substantive about the exhibit with the intent of altering the evidence seen by the jury, but it would be a big deal and the judge would have to attempt to fix the situation. If an attorney were involved in tampering with evidence, the judge would likely turn the attorney in to the state bar.

I'm not sure what the second part of your question means.

 

[princesspjs]

I was just watching HLN regarding the folder incident. They are saying that she didn't put the folder under her seat. I don't think she did either but, they totally missed the fact that she DID sneak a note or other small object either under her seat or in her pocket or wherever she put it.

I'm sure other WS'ers caught this too so my question is - Can Jodi get in trouble and suffer consequences if these incidents are reported to the court? If so, what can happen?

Jodi arias - YouTube

 

[princesspjs]

Now I'm wondering if she sneaked a pill into the folder so she could take it later. In this video you can see her taking something. Are prisoners allowed to keep their medications with them and take them whenever they want to? If no one is allowed to give her a sandwich for lunch other than her jail caretakers, are they allowed to leave medications within her reach so she can take them whenever she wants?

Jodi Arias Pops a Pill in Court - 3/19/13 - YouTube

 

[minor4th]

Now I'm wondering if she sneaked a pill into the folder so she could take it later. In this video you can see her taking something. Are prisoners allowed to keep their medications with them and take them whenever they want to? If no one is allowed to give her a sandwich for lunch other than her jail caretakers, are they allowed to leave medications within her reach so she can take them whenever she wants?

Jodi Arias Pops a Pill in Court - 3/19/13 - YouTube

According to her testimony, she can buy advil packets from the commissary and have them in her possession and take them at her discretion. I was a little surprised by that ...