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  • #2,761
UPDATED: Anthony Team: Death-Penalty Procedure Unconstitutional
POSTED: Monday, November 30, 2009
UPDATED: 7:30 pm EST November 30, 2009
<snipped>
The attorneys say the definitions of such aggravators as "heinous, atrocious or cruel" are so vague and arbitrary that they should not be allowed.

Anthony's defense team also wants Orange County Circuit Judge Stan Strickland to order prosecutors to state on the record what facts they believe support a possible death penalty.

No hearing date on the motions has been set.


VIDEO: Anthony Team: Death-Penalty Procedure Unconstitutional 0:44
http://www.clickorlando.com/video/21766424/index.html

Article:
http://www.clickorlando.com/news/21762501/detail.html
 
  • #2,762
Casey Anthony defense: Florida's death-penalty procedure is unconstitutional
2:30 p.m. EST, November 30, 2009
<snipped>
In their motion, the lawyers argued, "Even if the death penalty procedure were constitutional, the State has failed to charge Miss Anthony with the aggravating circumstances necessary to impose the death penalty; thus, a death sentence in this case would violate due process."

The defense asks that the court require prosecutors to provide them with what aggravating circumstances it will attempt to prove.

"Such notice would enable Miss Anthony to fully prepare for the charges against her, and would help to ensure the fairness of her trial," the motion said.


Article:
http://www.orlandosentinel.com/news...asey-anthony-motions-20091130,0,6420323.story
 
  • #2,763
UPDATED: Anthony defense: Florida death penalty unconstitutional
Updated: Monday, 30 Nov 2009, 5:26 PM EST
Published : Monday, 30 Nov 2009, 4:58 PM EST
<snipped>
Casey Anthony's defense team filed 11 new motions in the murder case against their client. Eight of the motions have to do with the state's death penalty statute, Florida statute 921.141 .

The defense is asking the judge to rule that particular death penalty statute unconstitutional.


*NOTE: Video Report Included In Article!

Florida statute 921.141
http://www.leg.state.fl.us/statuTes..._Statute&Search_String=&URL=Ch0921/Sec141.HTM

Article:
http://www.myfoxorlando.com/dpp/news/anthony_case/113009-anthony-motions
 
  • #2,764
Casey Motion: Death Penalty &#8220;Unconstitutional&#8221;
Posted: 4:56 pm EST November 30, 2009
Updated: 5:17 pm EST November 30, 2009
<snipped>
Prosecutors had a tough time deciding whether to pursue the death penalty against Casey until Caylee Anthony's remains were found on December 11.

The new defense motion argues Florida's death penalty statute is too vague in determining who is eligible, so it violates both the U.S. Constitution and the Florida Constitution.


READ: Numerous Motions Filed By Defense: 11-Motions
http://www.wftv.com/pdf/21763533/detail.html

Article:
http://www.wftv.com/news/21764396/detail.html
 
  • #2,765
Anthony Defense Challenges Death Penalty
Motions Call Death Penalty Unconstitutional, Demand Justification
POSTED: 5:17 pm EST November 30, 2009
UPDATED: 5:36 pm EST November 30, 2009
<snipped>
One defense attorney WESH 2 News spoke with said that motion is a formality in case of a future appeal.

Baez also filed a motion asking the judge to force the prosecution to reveal why it believes the death penalty should be on the table. He argues that the prosecution cannot establish why or how Caylee died and wants to know what evidence the state that justifies the death penalty.


Video: Anthony Defense Challenges Death Penalty 1:29
Casey Anthony's defense team filed nearly a dozen motions on Monday, including one that challenged the state's death penalty.
http://www.wesh.com/video/21764649/index.html

Article:
http://www.wesh.com/news/21764616/detail.html
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
*Added For Reference On Past FL DP Cases!
Sentenced to die: Search Florida's death row inmates
http://www.orlandosentinel.com/news/moretop2/sfl-deathrowdatabase,0,1153589.htmlstory
 
  • #2,766
The Clueless Wonder Strikes Again
Richard Hornsby
November 30th, 2009
<snipped>
So it was brought to my attention that E! Online turned to High Profile Attorney Jose Baez for his opinion on the Tiger Woods case. (E!: So What Kind of Charges Could Tiger Woods Face?)

Now I would like to point out that E! attributed the source of the comments in their story to High Profile Florida Criminal Attorney Jose Baez. They did not show a picture, a link, or give an address &#8211; so I could be wrong about who the source for their article was, and because of this I will just refer to this Jose Baez as the Clueless Wonder for simplicity&#8217;s sake.

So watch out ladies and gentleman or you too might find yourself being represented by THE CLUELESS WONDER!


Article:
http://blog.richardhornsby.com/2009/11/30/the-clueless-wonder-strikes-again/
 
  • #2,767
Casey Anthony: will Casey cash it in? Richard Hornsby sounds off in exclusive interview
December 1, 9:38 AM
<snipped>
Hornsby says he pictures Casey Anthony, "sitting in jail, [with] the novelty of her celebrity wearing off," in a stark setting where [she] " ... has had time to reflect" on her possible fate.

Against the static drone of jail house machinery and routine, above the incessant clanking of metal doors, the jangling chains, locks and keys Casey has come to know better than the omnipresent whisper of her own scheming mind, Richard Hornsby, on the other hand, envisions Andrea Lyon's "voice of reason," underscoring reality's bottom line to Casey, taking her aside and saying "Listen, honey, ... " consider a plea.

Next: Part 2 of True Crime Examiner's Richard Hornsby interview

Article:
http://www.examiner.com/x-23328-Tru...-cash-it-in-sounds-off-in-exclusive-interview
 
  • #2,768
Casey Anthony: in Mousetown, the 'Lyon' (doesn't) sleep tonight
November 24, 9:20 AM
<snipped>
Per Baez "summons" to the Casey Anthony team, Andrea Lyon--a defense lawyer whose specialty is death penalty litigation--seemingly is by day, by night, tattooing her strident mark on the case in which many envision will conclude with a penalty phase, in the upcoming capital murder trial for the reprobate mother accused of killing her 2-year old daughter, Caylee.

Article:
http://www.examiner.com/x-23328-True-Crime-Examiner~y2009m11d24-Casey-Anthony
 
  • #2,769
Casey Anthony back in court next week
Updated: Wednesday, 02 Dec 2009, 10:38 AM EST
Published : Wednesday, 02 Dec 2009, 10:36 AM EST
<snipped>
Casey Anthony will be back in court Friday December 11 for motion hearings.

Motion to preclude the death penalty procedures
Motion for a protective order prohibiting Orange County Jail from videotaping attorney visits
Motion for a protective order directing Orange County Jail to destroy videos of family visits
Motion to dismiss counts 1,2, 4, 5, 7, 8 10, 11, 13 for violation of double jeopardy clause


Article:
http://www.myfoxorlando.com/dpp/news/anthony_case/120209-anthony-back-in-court
 
  • #2,770
An earlier version of this article incorrectly described the death-penalty related motion to be argued.

Casey Anthony's defense to make arguments about jail recordings, death-penalty
December 2, 2009
<snipped>
Exactly one year after Caylee Marie Anthony's remains were found, defense lawyers will argue why a judge should prohibit prosecutors from seeking the death penalty against the toddler's mother.

The two other motions to be discussed at the upcoming hearing are aimed at videotapes and other recordings of Anthony at the Orange County Jail.

Local and national media, including the Orlando Sentinel, filed legal documents to persuade Strickland to release the video. However, Strickland acknowledged the Sentinel's request and ruled against it.

In June, Orange Circuit Court Judge Stan Strickland ordered the court to seal that video.

*Much much more at link!

Article:
http://www.orlandosentinel.com/news...stop-jail-recordings-20091202,0,5395555.story
 
  • #2,771
Casey&#8217;s Lawyers Want Death Penalty Out
Wednesday, December 02, 2009 2:12:26 PM
<snipped>
The latest requests to Judge Stan Strickland include a motion to preclude death penalty procedures against Anthony, who was charged with the murder of her 2-year-old daughter, Caylee.

Another motion wants to prevent all video and audio tape records of lawyer visits to the orange county jail.


Motions Released Dec. 1&#8211;2, 2009
PDF: Motion to Destroy Videos of Family Visits
http://www.cfnews13.com/uploadedFil...y Jail to Destroy Videos of Family Visits.PDF

PDF: Motion to Prohibit Videotaping Attorney Visits
http://www.cfnews13.com/uploadedFil...nty Jail from Videotaping Attorney Visits.PDF

PDF: Motion for Statement of Particulars Providing Notice of Aggravating Circumstances
http://www.cfnews13.com/uploadedFil...iding Notice of Aggravating Circumstances.pdf

PDF: Motion to Introduce Evidence Pertaining to Roy Kronk
http://www.cfnews13.com/uploadedFil...ntial Evidence Pertaining to Roy M. Kronk.pdf

PDF: Motion for Jury Instructions Correctly Defining &#8216;Premeditation&#8217;
http://www.cfnews13.com/uploadedFil...ctions Correctly Defining 'Premeditation'.pdf

PDF: Motion to Declare Death Penalty Unconstitutional in Florida
http://www.cfnews13.com/uploadedFil..., Thereby Creating a Presumption of Death.pdf

PDF: Motion to Declare &#8216;Aggravating Circumstance&#8217; Clause Unconstitutional
http://www.cfnews13.com/uploadedFil...lity, or Familial or Custodial Authority).pdf

PDF: Motion to Declare &#8216;Heinous Atrocious or Cruel&#8217; Aggravating Factor Clause Unconstitutional
http://www.cfnews13.com/uploadedFil... Unconstitutional Facially and as Applied.pdf

PDF: Failure to Narrow Scope of Death Penalty
http://www.cfnews13.com/uploadedFil... to Narrow the Scope of the Death Penalty.pdf

PDF: Motion to Precluse Death Penalty from Case at Bar
http://www.cfnews13.com/uploadedFil...nd to Preclude Its Use in the Case at Bar.pdf

PDF: Motion to Preclude Death Penalty from Present Case
http://www.cfnews13.com/uploadedFil...d to Preclude its Use in the Present Case.pdf

PDF: Motion to Dismiss 9 Counts for Violation of Double Jeopardy Clause
http://www.cfnews13.com/uploadedFil...or Violation of Double Joepardy Clause(1).pdf

PDF: Motion to Modify Court&#8217;s Order on EquuSearch Documents Supoena Application
http://www.cfnews13.com/uploadedFil...nts in the Possession of Texas Equusearch.pdf

PDF: Motion to Preclude Death Penalty Procedures
http://www.cfnews13.com/uploadedFil... to Preclude The Death Penalty Procedures.pdf

PDF: Motion to Prohibit Calling Jury&#8217;s Role at Penalty Phase &#8216;Advisory&#8217; or Penalty Verdict a &#8216;Recommendation&#8217;
http://www.cfnews13.com/uploadedFil...nalty Verdict as Being a 'Recommendation'.pdf

PDF: Motion to Strike Notice of Deposition and Motion for Protective Order
http://www.cfnews13.com/uploadedFil...eposition and Motion for Protective Order.pdf

PDF: Motion to Take Deposition to Perpetuate Testimony of Jill Kerley
http://www.cfnews13.com/uploadedFil...on to Perpetuate Testimony of Jill Kerley.pdf

PDF: Written Objection to the Standard Jury Instruction on Reasonable Doubt
http://www.cfnews13.com/uploadedFil...dard Jury Instruction on Reasonable Doubt.pdf

Article:
http://www.cfnews13.com/News/Local/2009/12/2/caseys_lawyers_want_death_penalty_out.html
 
  • #2,772
Casey Anthony: Insufficient Funds (Part Uno)
December 2nd, 2009
<snipped>
As a break from my recent juvenile rants about other lawyers&#8217; cluelessness, I am going to address a more serious legal issue; the significance of Casey Anthony&#8217;s check fraud case in relation to her First Degree Murder case.

This will be the first of a two part series and this first post will discuss why the State would want to try the Check Fraud case before the First Degree Murder case. The second post will discuss how the defense will likely try to avoid trying the Check Fraud case first.

&#8220;The evidence of Casey Anthony&#8217;s thirteen felony convictions should be considered by you &#8230; in weighing the credibility of the statements attributed to Casey Anthony.&#8221;

*Much more at link!

Reference Links:
See Section 775.08, Florida Statutes
http://www.flsenate.gov/Statutes/in....HTM&Title=->2009->Ch0775->Section 08#0775.08

See Section 948.01(2), Florida Statutes
http://www.flsenate.gov/Statutes/in....HTM&Title=->2009->Ch0948->Section 01#0948.01

First Time Offenders
http://www.richardhornsby.com/criminal/first-time-offender.html

See State v. McFadden, 772 So. 2d 1209 (Fla. 2000)
http://scholar.google.com/scholar_case?case=18340085998814550845

See State v. Huggins, 788 So. 2d 238 (Fla. 2001)
http://scholar.google.com/scholar_case?case=10050396310966591933

Section 90.806, Florida Statutes
http://www.flsenate.gov/Statutes/in...le=->2009->Ch0090->Section 806#0090.80690.806

See Huggins v. State, 889 So. 2d 743, 756 (Fla. 2004)
http://scholar.google.com/scholar_case?case=14803414105454826355

See Florida Standard Jury Instruction 2.5.
http://www.floridasupremecourt.org/jury_instructions/chapters/chapter2/p1c2s2.5.rtf

See Atis v. State 2D07-5924 (Fla. 2d DCA 2009)
http://scholar.google.com/scholar_case?case=11088888759055964594

Article:
http://blog.richardhornsby.com/2009/12/02/casey-anthony-insufficient-funds/
 
  • #2,773
UPDATED: WFTV Legal Expert Analyzes Casey Motions
Posted: 5:27 pm EST December 2, 2009
Updated: 6:48 pm EST December 2, 2009
<snipped>
WFTV legal analyst Bill Sheaffer calls it a long shot.

"I've never seen or heard of a case where a judge has gone behind the state's motives and dismissed the death penalty," Sheaffer said.

However, Sheaffer does believe another motion to keep the jail from videotaping attorney visits does have merit.

In a final motion, the defense wants to keep private eye Dominic Casey from a deposition since they claim he was working for the defense and any knowledge he has of the case is privileged attorney-client information.

Casey is facing charges for stealing checks from her best friend. The fraud trial is set for January 25.


Raw Video: BILL SHEAFFER: Analysis Of Motions To Be Heard At Casey Hearing WFTV
WFTV legal analyst Bill Sheaffer talks about the motions that will be heard at Casey Anthony's December 11 hearing. (12/02/09)
http://www.wftv.com/video/21790288/index.html

VIDEO REPORT: Closer Look At Motions In Casey Anthony Case
http://www.wftv.com/video/21790227/index.html

READ PDF: Motion to Dismiss 9 Counts for Violation of Double Jeopardy Clause
http://www.wftv.com/pdf/21787438/detail.html

READ PDF: Defendant's Motion For A Protective Order Directing Ornage County Jail To Destroy Video's Of Family Visits
http://www.wftv.com/pdf/20972696/detail.html

READ PDF: Motion To Strike Notice Of Depostition And Motion For Protective Order
http://www.wftv.com/pdf/21349753/detail.html

READ PDF: Defendant's Motion For A Protective Order Prohibiting Orange County Jail From Videotaping Attorney Visits
http://www.wftv.com/pdf/20972622/detail.html

READ: Motion To Perclude The Death Penalty Procedures
http://www.wftv.com/pdf/21163542/detail.html

MOTION: To Dismiss Counts, Double Jeopardy
http://www.wftv.com/pdf/21787438/detail.html

READ: Numerous Motions Filed By Defense
http://www.wftv.com/pdf/21763533/detail.html

Article:
http://www.wftv.com/news/21789242/detail.html
 
  • #2,774
Hearing Slated In Anthony Case
Mother Expected Back In Court Dec. 11
POSTED: 4:17 pm EST December 2, 2009
UPDATED: 5:41 pm EST December 2, 2009
<snipped>
Casey Anthony and her defense are scheduled to be back in court later this month.

Judge Stan Strickland has scheduled a hearing for next Friday, Dec. 11 @9:30AM.


Article:
http://www.wesh.com/news/21788399/detail.html
 
  • #2,775
Criminal Murder Case Docket Updated1

Events & Orders of the Court
12/02/2009---Notice of Unavailability---from Attorney Linda Drane Burdick Oh Ohhh! (No date entered as to which hearing LDB is unavailable!)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Civil Case Docket Updated!

Events & Orders of the Court
11/24/2009---Notice for Trial---Notice for Trial

11/25/2009---Notice for Trial
 
  • #2,776
Casey Anthony: jury matters and cash cows to be?
December 4, 8:22 AM
<snipped>
In part 2 today, Hornsby sheds light on the yet-determined Anthony panel, exploring jury behavior the legal analyst views as a component before, during and after the trial.

With a criminal law practice to maintain and serving as the president for the Central Florida Association of Criminal Defense Lawyers, Richard Hornsby appears to be a rising star in the stratosphere and blogosphere of legal pundits who currently is handling 2 murder cases, while keeping up with the Anthony trials. Involved in community service, he also maintains a legal information blog, posts on which often put the self-deprecating pundit at odds with others.


Article:
http://www.examiner.com/x-23328-True-Crime-Examiner~y2009m12d4-Casey
 
  • #2,777
How the Grinch Stole Casey Anthony&#8217;s Christmas
Dec 2nd, 2009 by Richard Hornsby.
<snipped>
It was recently announced that Judge Strickland will address four of the Casey Anthony Defense Team&#8217;s motions at a hearing on December 11, 2009.

Unfortunately though, I think that this interlude will not provide Ms. Anthony with any early Christmas cheer, as it appears that Santa will not be giving her anything on her Christmas wish list &#8211; she must have been a naughty girl this year, tsk tsk&#8230;

Oh Casey, just what have your attorneys done?

*Much more at link! A must read...IMO
grinch_santa.jpg


Article:
http://blog.richardhornsby.com/2009/12/02/how-the-grinch-stole-casey-anthonys-christmas/
 
  • #2,778
Criminal Murder Case Docket Updated!

Events & Orders of the Court
12/02/2009---Motion to Dismiss---Filed by Elgine Furlow

12/02/2009---Motion---Of Inquiry Filed by Elgine Furlow
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Check Fraud Case Docket Updated!

Events & Orders of the Court
12/04/2009---Response---State's; to Defendant's Motion to Dismiss Counts 1, 2, 4, 5, 7, 8, 10, 11, 13 for Violation of Double Jeopardy Clause

12/11/2009---Hearing----(9:30 AM)

12/18/2009---CANCELED---Hearing---(10:00 AM)---Cancelled---STATUS

01/25/2010---Trial---(10:00 AM)---Courtroom: TBA
 
  • #2,779
Casey Anthony&#8217;s parents to testify at hearing
Updated: Friday, 04 Dec 2009, 5:05 PM EST
Published : Friday, 04 Dec 2009, 5:05 PM EST
<snipped>
Casey Anthony will be back in court Friday December 11 for motion hearings and her parent's, George and Cindy Anthony, along with their attorney Brad Conway have been subpoenaed to testify.will be back in court Friday December 11 for motion hearings.

Judge Strickland will hear four motions in the State vs. Casey Anthony case beginning at 9:30 a.m.


Article:
http://www.myfoxorlando.com/dpp/news/anthony_case/120409-george-cindy-anthony-to-testify
 
  • #2,780
UPDATED: Casey Anthony Defense Wants Fraud Trial Moved
Defense Also Wants Jail Visits To Not Be Taped
POSTED: 3:51 pm EST December 4, 2009
UPDATED: 6:19 pm EST December 4, 2009
<snipped>
Due to pre-trial publicity Jose Baez said he still wants the check fraud trial moved. Defense attorney Richard Hornsby said it's likely Judge Stan Strickland is waiting as long as he can in case of a possible plea deal.

But Hornsby said he doesn't expect a plea. Prosecutors want multiple fraud convictions so they can use that against Casey in her murder trial.

Baez also said he hopes the defense can persuade Strickland to limit or eliminate videos of Anthony's jail visits.

"What happened with the other visits was horrible," Baez said.

Hornsby said it's not too late for Baez and his team to have the check fraud charges delayed and tried with the murder case.


Video: Casey Anthony Defense Wants Fraud Trial Moved
http://www.wesh.com/video/21868457/index.html

Article:
http://www.wesh.com/news/21865762/detail.html
 
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