Sentencing and beyond- Jodi Arias General Discussion #1

[RickshawFan]

Arizona Law recognizes what is called “Anders Law.” If Jodi asks for appointed counsel, she runs the risk of an “Anders Brief” being filed. This means that the appellate defenders office tells the court that they cannot in good faith file an appeal on her behalf because they found “no meritorious issues,” and then the court dismisses the appeal. She can still appeal after that, but she then also has to appeal the Anders Brief issue, which will weaken her case even more– before she can appeal, she will have to get counsel to argue that there are actually meritorious issues and that her case is not “wholly frivolous.” I’m not saying that this will necessarily happen, but if it does, it will just be another fun hurdle for Jodi. For more information, look-up “State v. Thompson – Supreme Court.”

Source

Since I've had trouble figuring Anders Brief out, I'm citing an example from Maricopa County of what takes place:
http://cases.justia.com/arizona/cou...lished/2014-1-ca-cr-13-0540.pdf?ts=1407859270

Oh, okay, now I see that is exactly what Jasper52 cites. This spells it out! I would guess this is what will transpire in Jodi's case.

Also, the blog post above is a must-read for all of us here who have been wondering about the appeals process and what will happen to "Jodi's money". Very well written, IMO.

 

[Jasper52]

Anders brief is a brief filed by a criminal defendant’s court-appointed defense attorney who wants to withdraw from the case on appeal, based on the belief that the appeal is frivolous. This brief is named after the case, Anders v. California 386 U.S. 738 (1967).

According to the U.S. Supreme Court case, Anders v. California, the brief must raise all possible arguable issues for appeal in order to fulfill the requirement that counsel be an "active advocate" for his/ her client. In an Anders brief, the attorney who decides to withdraw the case must identify anything in record that might support the appeal. After that, the court decides whether the appeal is frivolous, and if the attorney should be allowed to withdraw the case.

Anders brief is also known as no-merits brief.

Source

 

[Jasper52]

Has anyone else seen that today JA filed a motion to reset the restitution hearing? Like she is so busy doing nothing that she can't fit it into her schedule? As per usual: delay, delay, delay...

I certainly hope that motion is denied. Enough, already. :shame:

 

[geevee]

Has anyone else seen that today JA filed a motion to reset the restitution hearing? Like she is so busy doing nothing that she can't fit it into her schedule? As per usual: delay, delay, delay...

During sentencing she waived being present at the restitution hearing (but I presumed she'd change her mind as the date drew closer to have any reason to escape the confines of PV for a tiny bit) - maybe it's a sign of JW moving on with her career and JA not being a priority anymore.

 

[FelicityLemon]

I'm a little confused as to this upcoming Restitution Hearing. From what I've been reading, this hearing is in regard to the victim, but in this case, the victim is dead Sorry to be blunt. Who will receive restitution at this hearing? What will go on there?

Does there have to be a separate court case for Wrongful Death filed by the Alexander family or is this taken care of at the Restitution Hearing?

 

[RickshawFan]

I'm a little confused as to this upcoming Restitution Hearing. From what I've been reading, this hearing is in regard to the victim, but in this case, the victim is dead Sorry to be blunt. Who will receive restitution at this hearing? What will go on there?

Does there have to be a separate court case for Wrongful Death filed by the Alexander family or is this taken care of at the Restitution Hearing?

The Alexander family are the surviving victims in this case. I believe there can a be restitution completely separate from the Wrongful Death suit. I'm imagining that the restitution hearing is the right of every designated victim (in certain types of cases?) and the Wrongful Death suit is an option for every murder victim.

 

[RickshawFan]

During sentencing she waived being present at the restitution hearing (but I presumed she'd change her mind as the date drew closer to have any reason to escape the confines of PV for a tiny bit) - maybe it's a sign of JW moving on with her career and JA not being a priority anymore.

Would JA even get to go to a restitution hearing? Or would she just be represented by attorneys? Can JW even move on before the restitution hearing? I thought she was required to stay on until that was concluded?

Am I correct in thinking that the State might also be a victim in this case (I mean officially, since they were de facto a victim of all this crap JA put out)? During the restitution hearing there is also a discussion about what Jodi owes the state? This might be a payment in perpetuity for room and board in prison?

I can't imagine why there would be a delay in the restitution hearing. So JA could put more obstacles in the way of the Alexanders getting "her" money?

 

[Soulsad]

The way I'm reading this is that the request was made by Juan Martinez.

 

[LinTX]

Arizona Law recognizes what is called “Anders Law.” If Jodi asks for appointed counsel, she runs the risk of an “Anders Brief” being filed. This means that the appellate defenders office tells the court that they cannot in good faith file an appeal on her behalf because they found “no meritorious issues,” and then the court dismisses the appeal. She can still appeal after that, but she then also has to appeal the Anders Brief issue, which will weaken her case even more– before she can appeal, she will have to get counsel to argue that there are actually meritorious issues and that her case is not “wholly frivolous.” I’m not saying that this will necessarily happen, but if it does, it will just be another fun hurdle for Jodi. For more information, look-up “State v. Thompson – Supreme Court.”

Source

First, these are rare - an appellate attorney filing one would lose standing in the legal community because it's almost impossible to not find one issue to appeal. It's basically saying they can't/won't do their job. To say it's not a respected move - for the attorney or as seen by the COA - is a huge understatement and in this case JSS ruled on a ton of Nurmi motions/objections. Second, if one is filed it's not true that "then the court dismisses the appeal". The attorney filing it has to list any & all issues that might be close to an appeal issue, even if they don't believe there is merit. The filing of this brief triggers the court to consider those and then to do it's own review of the whole case to determine if there were any issues missed. So the court actually has to review more of the case with this kind of filing than they would otherwise - in effect, having to do the attorney's job for them. After this, the defendant is informed of their findings and given the opportunity to represent herself on direct appeal, and if denied to ask AZ Supreme Court to review. From this point forward, options would be on her dime, but those appeals address different issues than the direct appeal does, so I don't understand the "fun hurdle" comments either.

 

[MeeBee]

The way I'm reading this is that the request was made by Juan Martinez.
View attachment 74625

It doesn't say either way.

 

[janx]

It doesn't say either way.

The motion was filed by Wilmott:

http://www.courtchatter.com/#!Jodi-...tution-hearing/c1oiw/555230fe0cf2adc1ad297b65

 

[Soulsad]

This just came through on my 'Twitter'. It looks like I was wrong on my above post #608
Justice4Travis ‏@Justice4TravisA 6m6 minutes ago
#JodiArias Motion to reset the restitution hearing filed by the defense. http://fb.me/6pBjTHvoa
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[Zuri]

I am so sick of Willnott and the delays of the inevitable. Just get it over with already. IMO CMJA is probably behind the delay and she just needs to go away. As in forever.

 

[LinTX]

Willmott says unexpected conflict. Her Jun1st was open when JSS first scheduled it, so reschedule the conflict and allow this thing to be finished already!

 

[LinTX]

From courtchatter, we now have appeal attorney name: Tennie B. Martin

 

[franquerolane]

I wonder, after the appeal is written, if we'll be able to see it. I notice Tennie is a woman.

 

[Ricki]

I wonder, after the appeal is written, if we'll be able to see it. I notice Tennie is a woman.

Tennie Martin Attorney, CPATax Preparer in Scottsdale, Arizona

CPATax Preparer. That's interesting.

 

[Jasper52]

Here's a good article on money structuring: The IRS Seized $107,000 From This North Carolina Man’s Bank Account. Now, He’s Fighting to Get It Back.

 

[Ricki]

“It’s his MO,” said Deputy Maricopa County Public Defender Tennie Martin when asked about trying cases against Martinez. “He’s kind of Teflon.”

That from an old article by Kieffer from last year.http://www.azcentral.com/news/articles/20131028jodi-arias-juan-martinez-conduct-day3.html

 

[Ricki]

https://www.azag.gov/press-release/assistant-attorney-general-joseph-maziarz-honored

I am guessing this is the same attorney. (Phoenix, Ariz. – July 24, 2007) Joseph Maziarz, an Arizona Assistant Attorney General,