SIDEBAR #26- Arias/Alexander forum

[janx]

I just figured out what the "personal file" request is. The tweeters said "personal file," but I bet it was "personnel file." Debra Milke was recently let off death row because it turned out that a detective who testified against her had committed misconduct in another case that was reflected in his personnel file. And Jodi's probably been spending hours researching death penalty case law now that she's representing herself.

But isn't this a bit beyond the scope of what she is supposed to do? I thought she'd be looking at mitigating factors. This sounds like something geared more toward an appeal, no?

 

[AZlawyer]

This is a question based on total ignorance on my part but please indulge me! Is the judge an island? I mean I understand she has the resources to research prior rulings and laws and such...and I understand that the rulings have to be hers alone...but is it unethical or unconstitutional to seek advice or support from her boss or her peers? I dont necessarily think shes doing a bad job but do feel gthere should be someone laying out a 'if this happenes, this is the precedent.' I just dont understand why everything has to be researched. Why wasnt this considered a posibility? Thats where I get lost!

JSS has a boss? Who?

I think that "things have to be researched" so there won't be too many things to appeal or have the whole trial overturned- making it necessary for a new trial.
I don't know if this is the first time these things that are happening now, have been done before. Better to be safe than sorry here, IMO.

I think everyone has a boss...even judges. Maybe not an individual but unless you own your own company you answer to someone...even a judge. I do understand that all has to be researched but find it hard to believe that all of this coming from ja is groundbreaking and doesnt have precedent. She knows she has a problem with ja and nurmi...why not be ready?. Jmo and all that.

I'm not sure, but this is her first death penalty case. I know they have research clerks to check for case law and decisions. Maybe it's an Appellate Judge? since their higher up and rule on lower court rulings?or a Law Professor?

Exactly. Why weeks' worth of delays for every single motion. Weeks lead to months which lead to years and here we are...August 2014 with no end in sight.

The judges do have "bosses" in a sense (presiding judges), but the presiding judges do not tell other judges how to rule in a case. They are more like team leaders than bosses.

Judges at the trial court level in AZ do not have clerks who can help them research. However, they are lawyers and so are perfectly capable of researching things on their own. And most of the time, they get briefs from the lawyers on each side, who have done the research as well, which gives them a good head start if they need to hop on Westlaw and check something for themselves.

The reason for what seems like a delay in deciding motions is that motions work like this: One side files a motion. The other side gets a period of time (often 2-3 weeks depending on the type of motion and how it was delivered) to respond. The first side gets a week or so to file a reply. If there are disputes of fact involved (like whether or not the MCSO is preventing Jodi from interviewing witnesses), the judge holds an evidentiary hearing (like a mini-trial) to figure out what the facts are.

For this motion (Jodi's motion to delay the retrial), the judge skipped right over the response and reply brief and went straight to an evidentiary hearing to be held next week!! So she's moving at super-crazy double-time speed! At least from my perspective lol.

Why can't the judge just say, "Oh, the case law says to do X in this situation, so I will do X?" Because the case law on practically everything that people have been talking about in this thread says, "In this situation, you have to carefully gather all the facts and balance a bunch of different factors against one another, and we can't really tell you where you should end up without knowing all the facts, but you'd better believe we'll be second-guessing your every move on appeal so for heaven's sake don't make any mistakes."

 

[AZlawyer]

But isn't this a bit beyond the scope of what she is supposed to do? I thought she'd be looking at mitigating factors. This sounds like something geared more toward an appeal, no?

Yeah, definitely.

 

[rose222]

The judges do have "bosses" in a sense (presiding judges), but the presiding judges do not tell other judges how to rule in a case. They are more like team leaders than bosses.

Judges at the trial court level in AZ do not have clerks who can help them research. However, they are lawyers and so are perfectly capable of researching things on their own. And most of the time, they get briefs from the lawyers on each side, who have done the research as well, which gives them a good head start if they need to hop on Westlaw and check something for themselves.

The reason for what seems like a delay in deciding motions is that motions work like this: One side files a motion. The other side gets a period of time (often 2-3 weeks depending on the type of motion and how it was delivered) to respond. The first side gets a week or so to file a reply. If there are disputes of fact involved (like whether or not the MCSO is preventing Jodi from interviewing witnesses), the judge holds an evidentiary hearing (like a mini-trial) to figure out what the facts are.

For this motion (Jodi's motion to delay the retrial), the judge skipped right over the response and reply brief and went straight to an evidentiary hearing to be held next week!! So she's moving at super-crazy double-time speed! At least from my perspective lol.

Why can't the judge just say, "Oh, the case law says to do X in this situation, so I will do X?" Because the case law on practically everything that people have been talking about in this thread says, "In this situation, you have to carefully gather all the facts and balance a bunch of different factors against one another, and we can't really tell you where you should end up without knowing all the facts, but you'd better believe we'll be second-guessing your every move on appeal so for heaven's sake don't make any mistakes."

Thank you for your posts AZlawyer. I understand better now. We (arm-chair lawyers) must exasperate you with our half-baked knowledge of the law! We really appreciate your presence here.

 

[Nore]

Missy :jail: singing (posted by her aunt Sue Allen Halterman):

https://soundcloud.com/sue-allen-halterman/jodi-arias-singing/s-EP4h9

She wants everyone to listen to her niece sing about freedom :takeabow:

:aktion1:

---------
Hi YesorNo, she can put her nieces recorded song where the sun dont shine!! she already ruined "Oh Holy Night" for a lot of us.:gaah:

 

[janx]

Yeah, definitely.

OMG... :floorlaugh: I wonder who is advising her!

 

[AZlawyer]

Thank you for your posts AZlawyer. I understand better now. We (arm-chair lawyers) must exasperate you with our half-baked knowledge of the law! We really appreciate your presence here.

It's actually really helpful to me to see what people get confused about and figure out how to explain it without using "lawyer words" lol.

 

[Zuri]

I really hate that the Hughes are being called by Heinous. And there will probably be more people that she wants to crucify. Oh how I wish the Alexanders would be done. Isn't it enough that TA friends have suffered a huge loss?

 

[Spellbound]

I've been checking- the giraffe cam, that is- not her butt :facepalm:.

When is she going to deliver? And where is daisy?

:waiting:

http://www.earthcam.com/usa/southcarolina/greenville/?cam=giraffe_int

don't know a date for delivery, just that it is any day now . We are waiting for signs of labor (the sac to start forming a white bubble, water breaking) She sure has everyone on the edge of our seats!

daisy? Come out, come out, wherever you are.

:loveyou:Hi everyone who is posting today. . I am doing a happy dance all by myself here.

:loveyou::loveyou::loveyou: So happy Nurmi is on the case and JA throwing fits about now I am sure.

I told you all about my back. It's getting better and I am to see the doctor today for results of the MRI but I believe I am healed. Hey, the great news is that I am having cataract surgery next week! Maybe I can finally see again to drive and not wear these glasses. I have cataracts on both eyes and it causes my vision to be really fuzzy. So please keep me in your prayers. Maybe by September 8th I will be good as new...I mean, for an old lady. Ha. Getting old isn't a lot of fun. .

I feel like dancing.....:loveyou::loveyou:

Snipped by me.

So glad your back is doing better. How is the new tablet working out?

i know all about eye (vision) problems. I have dry eye syndrome and it has been a nighmare. I had eyelid surgery which opened up my viewing range and am seeing much better now. I hope your cataract surgery gives you much improvement, too! I hear it is fanastic. Good luck, Curious.

It's actually really helpful to me to see what people get confused about and figure out how to explain it without using "lawyer words" lol.

Aww, you are so kind and patient with us . :hug:

 

[rose222]

I really hate that the Hughes are being called by Heinous. And there will probably be more people that she wants to crucify. Oh how I wish the Alexanders would be done. Isn't it enough that TA friends have suffered a huge loss?

She's trying to torment Travis' loved ones as much as possible before she is shipped away to a little prison cell. Remember how bravely Chris Hughes said in response to a question by Nurmi... because she murdered my friend in cold blood. I think the Hughes, Deanna, and everyone else will be well-prepared and ready to battle out this last phase of the trial. It will only reveal Arias' psychopathy. It will be okay I think.

 

[rose222]

Chris Hughes being questioned by Nurmi during trial. Chris really held his own here and kept Nurmi in his place.

http://www.youtube.com/watch?v=z4bTzT-c0DI

 

[rose222]

Sorry for three posts in a row but I had to watch this again and post about it.

Epic moment from 12:15. Chris says to Nurmi 'I know the letters are fake same way you know the letters are fake' Great!

http://www.youtube.com/watch?v=z4bTzT-c0DI

 

[janx]

Sorry for three posts in a row but I had to watch this again and post about it.

Epic moment from 12:15. Chris says to Nurmi 'I know the letters are fake same way you know the letters are fake' Great!

http://www.youtube.com/watch?v=z4bTzT-c0DI

I think I missed this testimony the first time around. Thanks for pointing it out, rose. It did remind me of how obnoxious Nurmi is with his pen...He always picks it up and puts it down, over and over, right in front of the microphone. It's part of his schtick.

 

[Tuba]

Remember Jose Baez clicking his pen?

 

[Hatfield]

It's actually really helpful to me to see what people get confused about and figure out how to explain it without using "lawyer words" lol.

Thanks so much. We really do appreciate any help you provide us along the way of this fascinating case.

My trial expertise consists mainly of watching Perry Mason. LOL

 

[AZlawyer]

Thanks so much. We really do appreciate any help you provide us along the way of this fascinating case.

My trial expertise consists mainly of watching Perry Mason. LOL

My husband won't let me watch law-based TV shows with him because I yell at the TV: "Leading?!? How could she grant that objection? This is cross-examination! What else are you supposed to do but lead?" etc.

 

[Love Never Fails]

Spellbound and others, if y'all pray, and I hope you do, please remember me. I went to the doctor for MRI results thinking I have a kink in my back since the spasms started a couple weeks ago. It turns out I have an obstruction in my left kidney and pelvis and have to see a urologist. Don't know what is up, as the back doctor said that is not his expertise. It was a hard day and I am in pain so I think I will rest and read all your posts. Thanks for keeping me company. .

Oh and Spellbound, I returned the Acer tablet. Didn't like it but I just got a new one, a Samsung Galaxy 4, 8 inch. It is wonderful and very light. I am using the iPad now since I am sitting but going to lie down and use the tablet. Oh and I don't know if they will do the cataract surgeries now until they know what's in my kidney. I know what you mean about dry eyes. I have had them all my life, just not as bad as yours. Must use drops all the time. Bless your heart, eyelid surgery sounds painful but I am glad it helped.

:thinking:

 

[seattlechiquita]

I just read that JSS denied Nurmi's motion --- I imagine y'all knew?

 

[seattlechiquita]

Troy Hayden
‏@troyhaydenfox10
Kirk Nurmi will stay as advisory counsel to #JodiArias. Judge denies his motion to withdraw from case.

 

[G&AMom]

:hug:

Spellbound and others, if y'all pray, and I hope you do, please remember me. I went to the doctor for MRI results thinking I have a kink in my back since the spasms started a couple weeks ago. It turns out I have an obstruction in my left kidney and pelvis and have to see a urologist. Don't know what is up, as the back doctor said that is not his expertise. It was a hard day and I am in pain so I think I will rest and read all your posts. Thanks for keeping me company. .

Oh and Spellbound, I returned the Acer tablet. Didn't like it but I just got a new one, a Samsung Galaxy 4, 8 inch. It is wonderful and very light. I am using the iPad now since I am sitting but going to lie down and use the tablet. Oh and I don't know if they will do the cataract surgeries now until they know what's in my kidney. I know what you mean about dry eyes. I have had them all my life, just not as bad as yours. Must use drops all the time. Bless your heart, eyelid surgery sounds painful but I am glad it helped.

:thinking:

Sorry to hear this, Curious. When do you see the new doc? How they won't put you off to long. We'll be praying for you. :hug: