Jodi Arias Legal Question and Answer Thread *no discussion*

[Jax49]

I doubt it. Normally only one attorney is listed per party--are you sure JW was ever listed?

Snipped for space.

I'm almost positive she was, but could be wrong, of course.

 

[pinkie60]

prison conditions vary from state to state, in some, the lifers can have a recliner and a tv, if the family buys it for them. is this so in az?

 

[Jax49]

Snipped for space.

I'm almost positive she was, but could be wrong, of course.

Well, at least I said I could be wrong -- and I was. Willmott is sitting next to JA.

 

[AZlawyer]

prison conditions vary from state to state, in some, the lifers can have a recliner and a tv, if the family buys it for them. is this so in az?

Not that I'm aware of--and I sure hope not. But my work does not (thank God) include visiting prisoners.

 

[CarolinaWoman]

What happens if the jury decides it's not an especially cruel manner?

 

[swan366]

Sorry if this is answered elsewhere (I"m not seeing it).

Assuming the jury comes back with a finding of cruelty, when would the mitigation phase start? Could it begin as early as today?

 

[polleypockets]

if jodu does after nurma and wilmont for incompetent council for an appeal, it attornet prvelde out the window and can nurmi teill everythig - like how jodi was in chatger aganst her attys wished for example??

 

[AZlawyer]

What happens if the jury decides it's not an especially cruel manner?

Then the judge decides between LWOP and life with possibility of parole after 25 years.

Sorry if this is answered elsewhere (I"m not seeing it).

Assuming the jury comes back with a finding of cruelty, when would the mitigation phase start? Could it begin as early as today?

Right away--which in this case probably means tomorrow.

 

[AZlawyer]

if jodu does after nurma and wilmont for incompetent council for an appeal, it attornet prvelde out the window and can nurmi teill everythig - like how jodi was in chatger aganst her attys wished for example??

I think I mostly get what you mean, although you seem to be having a problem with your keyboard.

No, attorney-client privilege will not be out the window. The attorneys will not be testifying about the issue of ineffective assistance of counsel. And the attorneys will not see the argument as Jodi "going after" them--it is just standard procedure in a case of this magnitude to second-guess the decisions that were made.

I can't figure out the last part of the question--what did you mean by "chatger"?

 

[polleypockets]

lol broken key board - can nurmo say she wouldun't following her instrutions and justs steamed forward w/ what she thought was needed to win

 

[beach]

Regarding procedure -

What can we expect as far as order during the mitigation phase tomorrow? I'm assuming since her life is at issue the defense will get to speak first and last?

 

[amw54]

During the victim impact statements can the family address Jodi directly (i.e. "You took our brother away from us in a cruel manner") or do their statements have to be made only to the jurors and the court? Thanks

 

[rosalinda777]

Hello AZ Lawyer, juror #8 will be giving an interview tonight on Dr Drew. Can this do harm to the conviction? Like overturn it somehow? I'm really concerned at this stage, when it so close to the end it may cause a big problem. I hope there is nothing to worry about. If this has been asked I could not find it. I would like to know what the legal ramifications would be if any. Thank you AZ Lawyer

 

[Born Curious]

This may have asked before, so I apologize if it was answered and I didn't find it on this thread.

I understand that, in the final (mitigation) phase, the following will occur:
a) Prosecutor's Opening Statement to the jury
b) Defense's Opening Statement to the jury
c) Victim Impact Statements (Travis' family & friends) to the jury
d) Defendant's statement to the jury

I understand that c) and d) are not cross-examined by the opposing side.

My question is regarding testimony from others/experts:
1) Would that occur before d)?
2) Can both sides put people on the stand?
3) Are these others/experts subjected to cross-examination?

TIA

 

[Sophieandme]

Thanks in advance for answering this question (which I did try to research....found all kinds of info on hybrid vs. binding states. etc.!!)

Question: Can the judge override a jury death penalty decision/recommendation in Arizona?

 

[Indiana_on_Watch]

I read somewhere that if Arias receives the death penalty the state would have to pay for any appeals; ullhair: but if she receives life with or without parole, she would have to pay for any appeals. :floorlaugh: Can you tell me if this is true?

I am wondering if maybe this is why she is saying that she would rather get death.

:truce:

 

[Smelly Squirrel]

Only if they are testifying as witnesses. I don't think the jury can ask the family questions following the victim impact statements, because those are not treated as witness testimony (for example, there is no right of cross-examination). The mitigation specialist should not be testifying as a witness for any reason that I can possibly imagine.

So any defense witnesses would be giving witness testimony?

 

[Smelly Squirrel]

Hello AZ Lawyer, juror #8 will be giving an interview tonight on Dr Drew. Can this do harm to the conviction? Like overturn it somehow? I'm really concerned at this stage, when it so close to the end it may cause a big problem. I hope there is nothing to worry about. If this has been asked I could not find it. I would like to know what the legal ramifications would be if any. Thank you AZ Lawyer

I have a question about that too. The juror said he's the one who asked Samuels the "bad haircut" question, and he said he did it to make a point. Could that be an issue, asking a question to make a statement instead of getting information?

In general, I have wondered about the tension between allowing juror questions and the admonition of not discussing anything with other jurors, since the questions do tell jurors what you're thinking and could influence them.

 

[deb2e]

thank you for answering our questions ..after it is all over will the closed door meetings and sealed stuff be released?

 

[Sustained]

Hi - have a question please for our legal experts-

Can you please explain what the numbers mean when you see a case citation such as this ?

State v. Andriano, 215 Ariz. 497, ¶76, 161 P.3d 540 (2007).