Retrial for Sentencing of Jodi Arias - 1/15 thru 1/20 Break

[MeeBee]

What you linked is the cliff notes version of the sixth amendment, and ineffective counsel. It's a pretty big hurdle to overcome and then have the convictions reversed. Theres a pretty famous case on a capital crime the defense attorney slept through some proceedings and was taking narcotics and the conviction stood

Yeah, but that's only because when he was awake he provided effective assistance. He wrote all the motions, he presented all the evidence. I've heard of a few DP sentences getting tossed because the defense failed to present proper mitigation and make all the arguments. The Susan Wright sentence was thrown out because her attorneys failed to present BWS as a mitigator. That's it. Something as small as that can do it. I'd say if Nurmi doesn't make an effort to present some character witnesses or something, that might be considered a failing to prevent full mitigation.

I sure wish AZL would pop in lol.

 

[Shadowboy]

What I truly found chilling was the article mentioned on his/her twitter(anyone want to send a copy to JA's mom/dad, perhaps it will resonate...):

"This may be what #JodiArias family was dealing with, to a greater or lesser degree"

http://www.nytimes.com/2012/05/13/magazine/can-you-call-a-9-year-old-a-psychopath.html?pagewanted=all&_r=1&

I have spent the last hour reading and trying to understand this article. Chilling! Thanks.

I, too, have read this article several times and have combed the comments. Thanks, Val1. If we consider the stories of the baseball bat; Doggie Boy; and later admissions by JA re: punching, kicking ... It's little wonder that her parents didn't try to "retrieve" her after she moved out. IMO, they were happy to see her go.

 

[loveschows]

A victim of soikumstance and everything else as well. Victim victim victim. Victim. Victim victim. Vic. Tim.

Among a lot of other things, of course, ALV's testimony was embarrassing. We're talking about a grown woman, with plenty of relationship experience, and did I mention a grown woman? We all have our vulnerabilities, difficulties with boundaries, difficulties saying no -- these change over time and in different contexts and that's just part of being alive and yes of course they're different for everyone. And none of that is relevant in this case! (At least not for Jodi. For Travis, I think, yes.) Does ALV actually believe, and expect anyone else to believe, that Jodi's wishy-washiness gave Evil Travis the opening he needed to get her into his evil clutches? To make her his sexual pawn? And to convert her into his wholesome, family-centered religion? Bwahahahahaha?

Darn it. If only Jodi weren't so vulnerable at that particular moment in time. If only she had a clearer set of boundaries, if only she could have stood up for herself. Then she could have said "no" that night and thus would not have started down the twisted, sordid path of debauchery that ultimately forced her to stab Travis almost 30 times, nearly decapitate him, shoot him in the head, leave him in the shower, etc, etc.

(Love the clip, BTW.)

yes lets talk about cmja's inexperience and vulnerablity : anyone who can stick her hind end up in the air for the camera is not on first time around!

 

[geevee]

She cited the quote. Im not sure she infringed upon their copyrights. But I digress

With those words next to her face, they read more like a threat.

 

[LambChop]

She's in some deep caca now! The King heirs will be going after her for copyright violations. :gaah:

Considering how Martin Luther King was killed, I think it is an insult for her to even associate herself with him.

Anyone think JA made a list of meditating witnesses and gave it to her DT and the majority of those on that list said, "No way." I don't think anyone wants to testify for her and just want to forget they ever met her. jmo

 

[MeeBee]

Considering how Martin Luther King was killed, I think it is an insult for her to even associate herself with him.

Anyone think JA made a list of meditating witnesses and gave it to her DT and the majority of those on that list said, "No way." I don't think anyone wants to testify for her and just want to forget they ever met her. jmo

I absolutely think some of them have simply declined.

 

[ICit]

Keep your eyes open for a cast or a wrist brace!!! Or expect a migraine...

My bet is on a full-on mental breakdown. The time spent there was probably the last time JA had real food. With her past experience there she knows what she did wrong the last time that caused her to be sent back to Joe's Soy and Veggie Cafe. I bet they show movies there too and perhaps she could get some new ideas for stories!

 

[oceanblueeyes]

Yeah, but that's only because when he was awake he provided effective assistance. He wrote all the motions, he presented all the evidence. I've heard of a few DP sentences getting tossed because the defense failed to present proper mitigation and make all the arguments. The Susan Wright sentence was thrown out because her attorneys failed to present BWS as a mitigator. That's it. Something as small as that can do it. I'd say if Nurmi doesn't make an effort to present some character witnesses or something, that might be considered a failing to prevent full mitigation.

I sure wish AZL would pop in lol.

Does it have to be character witnesses?

They have put on a mitigation case by calling MF, BN, JS, Geff and even Arias have they not?

imo

 

[mydirtysecret]

Yeah, but thnly because when he was awake he provided effective assistance. He wrote all the motions, he presented all the evidence. I've heard of a few DP sentences getting tossed because the defense failed to present proper mitigation and make all the arguments. The Susan Wright sentence was thrown out because her attorneys failed to present BWS as a mitigator. That's it. Something as small as that can do it. I'd say if Nurmi doesn't make an effort to present some character witnesses or something, that might be considered a failing to prevent full mitigation.

I sure wish AZL would pop in lol.

Iirc, it was that a new witness came forward that hadn't come forward during the original trial. She received new trial based on new evidence and not ineffective counsel.

 

[KPinMN]

I, too, have read this article several times and have combed the comments. Thanks, Val1. If we consider the stories of the baseball bat; Doggie Boy; and later admissions by JA re: punching, kicking ... It's little wonder that her parents didn't try to "retrieve" her after she moved out. IMO, they were happy to see her go.

I imagine if your child had BPD you wouldn't go running after them if they moved out either. BPD people can be exhausting to be around, let alone live with. The neediness and turning on you on a dime is emtionally exhausting...I remember my mom demanding I sleep in her bed with her after her boyfriend broke up with, I was maybe 10-12 years old. I snuck out of her bed and went back to my own after she was in a deep drunken slumber. She was so angry and hateful to me when she woke up in the morning and found me in my own bed. That night she was done with angry and back to the needy sleep in my bed, don't you dare leave it, mode.

 

[MeeBee]

Does it have to be character witnesses?

They have put on a mitigation case by calling MF, BN, JS, Geff and even Arias have they not?

imo

Yes they have. It's not just about that. The courts will look at what they did and decide if they put on everything they should have. Could mean character witnesses, could mean they didn't put up someone so they could make an arguemnt they should have made.

IMO.

 

[MeeBee]

Iirc, it was that a new witness came forward that hadn't come forward during the original trial. She received new trial based on new evidence and not ineffective counsel.

In 2009, the Texas Court of Criminal Appeals granted Wright a new sentencing hearing, after determining that Wright's “counsel rendered ineffective assistance during the punishment phase of trial” in 2004. On 20 November 2010, Wright had her sentence cut to 20 years in prison, five years less than her original sentence.[9] Wright has been eligible for parole since February 28, 2014, at the age of 38.[2][dated info]

http://en.m.wikipedia.org/wiki/Susan_Wright_(murderer)

 

[ohreally]

Yeah, but that's only because when he was awake he provided effective assistance. He wrote all the motions, he presented all the evidence. I've heard of a few DP sentences getting tossed because the defense failed to present proper mitigation and make all the arguments. The Susan Wright sentence was thrown out because her attorneys failed to present BWS as a mitigator. That's it. Something as small as that can do it. I'd say if Nurmi doesn't make an effort to present some character witnesses or something, that might be considered a failing to prevent full mitigation.

I sure wish AZL would pop in lol.

You say it so much better than I did.

 

[east2west]

:hilarious: Yep ... maybe she'll show up in a full body cast ... lol

No doubt, she's been punching and kicking walls since those motions were denied !

".....but the one thing I am not is violent". [emoji15]

Sent from my SCH-I605 using Tapatalk

 

[mydirtysecret]

If ANYTHING cha cha de la Rosa is the only person on the DT that hasn't performed effectively.

 

[Madeleine74]

If 1 or more mitigation witnesses refuse to come to court and testify can they be made to do so by her defense team? And if no, how does that help JA during the appeals process (if her attorneys can't force witnesses to testify in her defense?)

 

[Caylee Advocate]

how far can the judge push it? Could she say, "i find you in contempt and fine you $1,000/day until you have requested subpoenas for 13 witnesses (not including the kiwi one). And if they are not completed in two days, the fines will continue and you will be placed in jail until such time as they are completed."

If only. I doubt any Judge could do that though. It is up to the attorneys to present their case ... or not.

 

[KPinMN]

If ANYTHING cha cha de la Rosa is the only person on the DT that hasn't performed effectively.

That reminds me, it would be hysterical to see de la Rosa on the stand presenting the mitigation from the 14 "scared" witnesses. I can hear Juan now asking is she ever went by the nickname Cougerlicious on social media followed by a red in the face angry Nurmi objection.

 

[ohreally]

Wouldn't it make a huge difference if an appeals attorney spoke with even one of those fourteen witnesses that Nurmi did not compel, and received information from that one that could of changed the way even one juror voted? Wouldn't Nurmi"s decision not to compel the one make it ineffective counsel?

 

[ILikeToBendPages]

The question is do they want to cover their hindends or are they ok with leaving it an appealable issue? From what I understand having a case you worked on overturned on ineffective counsel does not have any real ramifications for you (counsel).

True, but then there is that being scrutinized for all of eternity, that they're afraid of. Someone needs to tell them "too late". They are forever tied to Jodi.