Procedure and legal questions

[lisalei321]

Semi o/t but Judge R now has 623 votes that make him the worst Judge in History (I wonder if he follows that site?)

http://www.ratethecourts.com/comments.php?id=150880

 

[HRCODEPINK]

Well, since NOTHING of merit has come out of the defense, I suppose it's not only an anomaly, but belongs in a record book as well...this one sets all kinds of benchmarks in sloppy unprofessional behavior and disrespect to the court.

Honestly, he is one of the worst lawyers in my history of following cases...and I worked a case where the defense attorney was a court appointed alcoholic who admitted to sleeping through most of the trial. At first I thought that he had to be really good because he seemed so sneaky and so JB. I thought we were in for it because he was probably really good. It is one of the most embarrassing things I have said on these boards because after some time watching him I learned quickly that he wasn't just acting dumb and a really good sneaky defense attorney but he was actually an idiot. Before this "Dream Team" came along, I was getting really worried about ineffective assistance of counsel. I said many times that I could have been a better defense attorney for her and I am a high-school drop out, self-educated through volunteer work. I was really worried about ineffective assistance of counsel...enough that it kept me up at night and I was just waiting for Judge S to take JB off the case or at least recommend it on record so she could refuse and eliminate the possibility.

 

[faefrost]

Honestly, he is one of the worst lawyers in my history of following cases...and I worked a case where the defense attorney was a court appointed alcoholic who admitted to sleeping through most of the trial. At first I thought that he had to be really good because he seemed so sneaky and so JB. I thought we were in for it because he was probably really good. It is one of the most embarrassing things I have said on these boards because after some time watching him I learned quickly that he wasn't just acting dumb and a really good sneaky defense attorney but he was actually an idiot. Before this "Dream Team" came along, I was getting really worried about ineffective assistance of counsel. I said many times that I could have been a better defense attorney for her and I am a high-school drop out, self-educated through volunteer work. I was really worried about ineffective assistance of counsel...enough that it kept me up at night and I was just waiting for Judge S to take JB off the case or at least recommend it on record so she could refuse and eliminate the possibility.

Honestly any claims of ineffective council will probably be laughed out of court. Courts and Judges tend to take a very narrow view concerning this subject. In order to make an effective claim of ineffective council the defendant really has to be truly tied to the lawyer and stuck with them. Most succesful claims will involve public defenders who the defendants have limited abilities to select hire or fire. In KC's case she has and has always had absolute discretion in her choice of lawyer. She has several points of alternate legal advise, such as AL, who among other things can and should advise her when she is getting grossly inappropriate service from JB. She has had open access to witness her CHOSEN attorneys actions before trial, and to make a rational informed decision as to whether to procede with him or fire him. She certainly cannot make any claim that her attorney has not been putting an appropriate amount of time or effort into her case. The state alone has hundreds of hours documented of JB and her working on her case.

Simply having an idiot for an attorney is not grounds for appeal when you made the specific decision to hire and utilize said idiot. Being an idiot is not an element of malfeasance or negligence or service. Hiring an idiot is a personal decision, and every persons right to do under the law. The court has no business questioning your or any defendents decisions in this matter.

There is another reason why "ineffective council" is not really a viable option for her. Doing so has the strong possibility of putting her in an adversarial position with JB, and in doing so breaking her attorney client privilege. If you claim your lawyer is incompetant he can use your case to defend himself. And that means everything. All the dirt that he knows. Not a good option when it is already obvious to even a casual observer that your lawyer already knew where the body was months before it was found.

 

[ZsaZsa]

I'm just glad that JB is not a Surgeon..

 

[Tiki]

What is the subject of the "trial" on 10/12?
(listed in yesterday's news court update)


.

 

[Muzikman]

What is the subject of the "trial" on 10/12?
(listed in yesterday's news court update)


.

That is the original date the trial was supposed to start. I think it is moot now, even though it is still listed on the docket. The January hearing, I think, is to set the actual date of the trial, possibly for next June.

 

[Macushla]

To all our 'legal eagles' - it has been proven (I would think) by the two emails in today's document dump that Dominick Casey lied under oath when he was questioned by lawyers from Morgan and Morgan in the civil case. My question is, how often is someone prosecuted for perjury in civil cases, do you know? Is this something that happens frequently, or is it assumed that people will lie to their advantage in a civil trial, and it is taken in stride. I am flabberghasted by his lying, now that I have seen his email to JB. I would dearly love to see SOMEBODY get nailed for lying - but don't know how often it happens. This lie seems so blatant, if the judge hears about it, can he do something about it on his own?

 

[AZlawyer]

To all our 'legal eagles' - it has been proven (I would think) by the two emails in today's document dump that Dominick Casey lied under oath when he was questioned by lawyers from Morgan and Morgan in the civil case. My question is, how often is someone prosecuted for perjury in civil cases, do you know? Is this something that happens frequently, or is it assumed that people will lie to their advantage in a civil trial, and it is taken in stride. I am flabberghasted by his lying, now that I have seen his email to JB. I would dearly love to see SOMEBODY get nailed for lying - but don't know how often it happens. This lie seems so blatant, if the judge hears about it, can he do something about it on his own?

It is extremely unusual, but more common in high-profile cases (e.g., Clinton).

 

[TotallyObsessed]

I have a question....ok...with the death penalty, will it be an "all or nothing" type thing. I understand there is a whole penalty phase for a dp case. But could she be found guilty, then the dp is declined. What would happen then? Or does guilty automatically mean death?

I am just getting worried.

 

[Spangle]

I have a question....ok...with the death penalty, will it be an "all or nothing" type thing. I understand there is a whole penalty phase for a dp case. But could she be found guilty, then the dp is declined. What would happen then? Or does guilty automatically mean death?

I am just getting worried.

It means that the SA thinks the case meets the standards that qualify for a DP. But if found guilty, the perp isn't given the DP automatically.

The penalty phase will decide what will happen. DP, LWOP, etc.

She has more then one charge against her. I think only 1 is DP eligible. So they have to set a DP jury, because of the 1 charge.

She could be found innocent of that charge, and still be found guilty of the others. If that happens, then no way she would get DP. Only for the 1 charge could she be eligible for it.

 

[faefrost]

I have a question....ok...with the death penalty, will it be an "all or nothing" type thing. I understand there is a whole penalty phase for a dp case. But could she be found guilty, then the dp is declined. What would happen then? Or does guilty automatically mean death?

I am just getting worried.

The death penalty phase is an entirely seperate phase of the trial, almost like a second trial. If she is convicted of the charges that would put the DP before the jury, then this second phase is used to argue whether she should in fact recieve it. At this point the jury may opt to not choose the death penalty, at which time she will be subject to life in prison. The DP does require a jury verdict, a judge can overturn the juries DP decision, but he cannot impose the DP against the jury.

 

[Just Jayla]

Legal experts, can you help me on this one?:

If the judge has sealed any inflammatory evidence, would we have seen a hearing on the docket with a motion to seal?
Or, if the state knows it is inflammatory, can they just go to the judge directly without a hearing, or seal it themselves? (Why would they do that?)

Does the court have to give their stamp of approval to circumvent the Sunshine/FOI Law?

ETA-Maybe inflammatory is the wrong word....Prejudicial evidence is what I am thinking of in reference to above.

 

[celticthyme]

If she for some reason is found "not guilty" on the capital charge, what kind of sentence is there for the other charges? Is it likely she would get out of jail at some point then?

 

[Novice Seeker]

Semi o/t but Judge R now has 623 votes that make him the worst Judge in History (I wonder if he follows that site?)

http://www.ratethecourts.com/comments.php?id=150880

First, how can a judge be told to step down?
Second, can something like the link you provided hold weight that could help remove some of the bad ones?

Novice Seeker

 

[Just Jayla]

First, how can a judge be told to step down?
Second, can something like the link you provided hold weight that could help remove some of the bad ones?

Novice Seeker

I think he should step down simply for the fact that he talks like George Takei-While it's great comic relief, the courtroom is not exactly the place for it-He's a bit eccentric!

 

[AZlawyer]

Legal experts, can you help me on this one?:

If the judge has sealed any inflammatory evidence, would we have seen a hearing on the docket with a motion to seal?
Or, if the state knows it is inflammatory, can they just go to the judge directly without a hearing, or seal it themselves? (Why would they do that?)

Does the court have to give their stamp of approval to circumvent the Sunshine/FOI Law?

ETA-Maybe inflammatory is the wrong word....Prejudicial evidence is what I am thinking of in reference to above.

I believe if anything was being held back under the Sunshine Law exceptions, there would be some trace of it on the docket--if only a cryptic motion for leave to file a motion under seal...

We have had a couple of instances when the defense asked for something to be held back from the media, and there were not only lots of documents filed, but public hearings held.

 

[nyvictoria]

I have a question that has probably been asked and answered more than a few times. I am completely ignorant about trial procedure so here goes...

How will the State present Casey's interview tapes as evidence? And, the jail visitation phone calls and tapes?

I'm just looking for assurance the jury will hear them.

OT but I still can't help but feel Casey will insist on taking the stand and no amount of lecturing by JB, AL or her family will be able to stop her. Her ego will not allow her to remain silent. I can dream can't I?

 

[Coldpizza]

I'm sure this has been asked many times so I apologize in advance.

When the DP is on the table are the jurors allowed to consider a lesser charge?

ty

 

[Just Jayla]

I'm sure this has been asked many times so I apologize in advance.

When the DP is on the table are the jurors allowed to consider a lesser charge?

ty

I think they would convict her on that lesser charge before the sentencing hearing for the DP would even take place.

I believe she is also charged with felony murder, which is a bit different. Felony murder does not require the intent to kill, rather it is a homicide in the commission of a felony (aggravated child abuse for KC)-

Per Tison vs. Arizona, looks like felony murder is also punishable by the death penalty.

 

[BigFatMommyDog]

Just a quick question for all legal folks out there.

The most recent batch of motions, et. c., filed by JB & Co., (10/12) are absolutely rife with spell-check spelling errors, boilerplate cut-n-paste wrecks, and other assorted writing and editing snafus.

I realize it happens (I've done it myself:crazy. I also realize the advent of electronic word processing completely changed the writing process, but this looks exceptionally sloppy even in our modern world.

Is this normal?