The state Rests in The State v. Jodi Arias: break in trial until 28 January 2013 #12

[FrayedKnot]

I was referring to the entry of her plea with the court, not a plea deal.

here's a snip about the case I was referring to, bbm:

Several federal circuit courts of appeals have held that a Brady violation may be asserted to challenge the validity of a guilty plea. E.g., Sanchez v. U.S., 50 F.3d 1448, 1453 (9th Cir. 1995); White v. U.S., 858 F.2d 416, 422 (8th Cir. 1988); Miller v. Angliker, 848 F.2d 1312, 1319-20 (2d Cir. 1988); Campbell v. Marshall, 769 F.2d 314, 321 (6th Cir. 1985); accord State v. Sturgeon, 605 N.W.2d 589, 596 (Wis. Ct. App. 1999). But see Matthew v. Johnson, 201 F.3d 353 (5th Cir. 2000) (holding that failure to disclose exculpatory evidence before entry of guilty plea does not render plea involuntary or constitute Brady violation). The Ninth Circuit, for example, has reasoned that “‘a defendant’s decision whether or not to plead guilty is often heavily influenced by his appraisal of the prosecution’s case’” and a waiver of the right to trial “cannot be deemed ‘intelligent and voluntary’ if ‘entered without knowledge of material information withheld by the prosecution.’” Sanchez, 50 F.3d at 1453 (quoting Miller, 848 F.2d at 1320).
http://www.nevadajudiciary.us/index.php/advancedopinions/1513-state-v-huebler-

I think, though, that this is regarding Nevada law, based on the link?

 

[PrincessSezMe]

Any defense lawyer that gets up in court and says he isnt sure a Brady violation requires a showing of prejudice should be disbarred, imo. He should know the Brady violation laws by heart.

Defense lawyers seem to be able to get away with a LOT these days though don't they? Jose Baez should have been disbarred 10+ times over for what HE didn't know about the law and courtroom procedure. Not to mention his unethical low blow tactics blaming everyone under the sun but the guilty party sitting in the low rider chair being mollycoddled ad nauseum.

I wonder if the legal community has that same "blue line" mentality that has been talked about with LE (and in the medical profession as well), where they look after their own. Maybe the various State "bars" should look over their membership and do a little housecleaning :shakehead:

 

[Karmady]

I understand and I had already read the case but there is a vast difference in this case and that one imo. I could understand if she had pled Guilty already and then they produced something later on where she may have taken her chances by pleading NG. Because a plead of guilty cannot be undone.

However that is not the case here. She is continuing to plead NG.....the reason for the NG is actually irrelevant. It will be up to the jury to decide if she is guilty or NG and they dont have to go with the self defense theory even if she is miraculously found NG.

So she hasnt been harmed in any manner, imo. The Judge even asked the lawyer what harm had happened and he couldnt answer.

IMO

Just my thoughts. For what they are worth, as always.

 

[Karmady]

I think, though, that this is regarding Nevada law, based on the link?

9th circuit court of appeals hears cases from CA, NV and AZ (maybe others, idk)

 

[LambChop]

Ok, that is the case with the text messages. What I have been finding around the Internet is an interesting tale about the slashed tires. Mimi talked about the slashed tires. The implication thus far has been that Jodi slashed the tires. That is kind of prejudicial against the defendant (I still hate her). I am hearing that the "real" story is they there is a guy named Steve Bell who was a boyfriend of the Andrews girl (can't remember the first name...is it Lisa?). Who also knew Travis. And he had had trouble with the law before. Rumor has it that it may well have been this Steve guy who was doing the tire slashing out of jealousy that travis was with his old girlfriend. So, if the prosecution did not want to call Lisa. (I think that's it) the defense may try to say that the tire slashing mention by Mimi was prejudicial and by resisting calling Lisa (which was kind of obvious) they are trying to hide evidence which would be shall we say beneficial to the .

I really hope this kind of thing is not fixin to happen. Guess we really need the trial to start up again so we really have something to talk about!

Seems Jodi knew about the tire slashing and discussed it with his friends. Not sure how she found out about it. Lisa also received the letter, not TA. And TA said JA had followed he and Mimi on their first date. So did JA tell him or did he see her. Slashing seems to me more like a JA thing when you consider how many stab marks were on TA's body. jmo

 

[Boodles]

Ok, that is the case with the text messages. What I have been finding around the Internet is an interesting tale about the slashed tires. Mimi talked about the slashed tires. The implication thus far has been that Jodi slashed the tires. That is kind of prejudicial against the defendant (I still hate her). I am hearing that the "real" story is they there is a guy named Steve Bell who was a boyfriend of the Andrews girl (can't remember the first name...is it Lisa?). Who also knew Travis. And he had had trouble with the law before. Rumor has it that it may well have been this Steve guy who was doing the tire slashing out of jealousy that travis was with his old girlfriend. So, if the prosecution did not want to call Lisa. (I think that's it) the defense may try to say that the tire slashing mention by Mimi was prejudicial and by resisting calling Lisa (which was kind of obvious) they are trying to hide evidence which would be shall we say beneficial to the .

I really hope this kind of thing is not fixin to happen. Guess we really need the trial to start up again so we really have something to talk about!

You may be on to something there. Remember, the defense attorney said, in response to Juan's concern of raising an appeal issue (stalking) by calling Lisa, said "I don't need his help....furthermore, I believe the prosecution is being disingenuous and she may provide exculpatory evidence..."*

*Paraphrased

 

[Sulamith]

That's it. But it def looked like a cup to me. I hate to go look again because I will have bad dreams....

OT, but speaking about dreams...I had a dream the other night that the trial was over (no verdict in the dream) and that all the Websleuthers in this forum were gathered together and we all were presented with a keychain as a thanks for our participation as trial watchers and posters! :great:

 

[LadyEdith]

OT, but speaking about dreams...I had a dream the other night that the trial was over (no verdict in the dream) and that all the Websleuthers in this forum were gathered together and we all were presented with a keychain as a thanks for our participation as trial watchers and posters! :great:

I'll take a keychain!

 

[Karmady]

OT, but speaking about dreams...I had a dream the other night that the trial was over (no verdict in the dream) and that all the Websleuthers in this forum were gathered together and we all were presented with a keychain as a thanks for our participation as trial watchers and posters! :great:

a freakin' key chain?! pffft lol

 

[Nova]

Defense lawyers seem to be able to get away with a LOT these days though don't they? Jose Baez should have been disbarred 10+ times over for what HE didn't know about the law and courtroom procedure. Not to mention his unethical low blow tactics blaming everyone under the sun but the guilty party sitting in the low rider chair being mollycoddled ad nauseum.

I wonder if the legal community has that same "blue line" mentality that has been talked about with LE (and in the medical profession as well), where they look after their own. Maybe the various State "bars" should look over their membership and do a little housecleaning :shakehead:

I've worked with thousands (yes, literally) of lawyers over the years and I've seen no such "blue line" mentality. But as in any industry, competitors may become friends and/or people may be reluctant to get a reputation as a troublemaker, especially over minor infractions.

But judges understand that defendants have a right to choose their own representation and so judges are apt to give that representative some leeway. (The people's representatives are given some leeway as well, but special care is made to preserve the rights of individuals faced with the power of the government.)

It used to be considered "common knowledge" that a lawyer had better follow through on any promises he made during opening statements or expect the jury to disbelieve him entirely. Why the Orlando jury overlooked Baez' opening promises, I don't know.

 

[LadyEdith]

You know, it seems that with the thousands of emails and texts that were exchanged between JA and TA, there would be some more very clear information available about who was doing the majority of the pursuing. They've only presented a couple texts/emails.

 

[LadyEdith]

a freakin' key chain?! pffft lol

"I followed the Jodi Arias trial obsessively and all I got is this stinking key chain."

 

[FrayedKnot]

9th circuit court of appeals hears cases from CA, NV and AZ (maybe others, idk)

Thank you! I missed the strongly bolded and emphasized 9TH CIRCUIT! :lol:

 

[Lithloren]

For the posters that have seen the pic of the cup in the shower. Can you provide a link to the pic? I think I have seen all the pics but I can't ID the cup in any of them.

Right now, I am looking at the graphic/nude pic of TA on the shower floor. I see a what appears to be a opaque, white item upon which his RT thigh is resting on. It that the cup? To me it looks like a displaced, somewhat rolled up, clear shower mat, like the ones that have suction cups on the bottom. I have one like that.

TIA

In the picture that I saw, Travis had already been removed from the shower. There was quite a bit of blood around the drain in the shower and there was a cup just laying there on the shower floor.

I have not been able to find the picture yet. I thought it was a photo bucket link that I had clicked on from another poster. I will post it if I find it.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Found it!

popsicle had posted it. lol

http://websleuths.com/forums/showthread.php?t=194747&page=39

 

[Linda7NJ]

OT, but speaking about dreams...I had a dream the other night that the trial was over (no verdict in the dream) and that all the Websleuthers in this forum were gathered together and we all were presented with a keychain as a thanks for our participation as trial watchers and posters! :great:

Did the keychain have a key to a new Bentley?


Sent from my iPhone using Tapatalk

 

[FrayedKnot]

"I followed the Jodi Arias trial obsessively and all I got is this stinking key chain."

You think we'd at least get an econo sized bottle of.......

Nevermind......

 

[Nova]

9th circuit court of appeals hears cases from CA, NV and AZ (maybe others, idk)

http://en.wikipedia.org/wiki/Ninth_Circuit_Court

The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:

District of Alaska
District of Arizona
Central District of California
Eastern District of California
Northern District of California
Southern District of California
District of Hawaii
District of Idaho
District of Montana
District of Nevada
District of Oregon
Eastern District of Washington
Western District of Washington

It also has appellate jurisdiction over the following territorial courts:

District Court of Guam
District of the Northern Mariana Islands

(Emphasis added.)

 

[FrayedKnot]

In the picture that I saw, Travis had already been removed from the shower. There was quite a bit of blood around the drain in the shower and there was a cup just laying there on the shower floor.

I have not been able to find the picture yet. I thought it was a photo bucket link that I had clicked on from another poster. I will post it if I find it.

Whoa! I hadn't seen that one. Please do and thanks. I want to see that cup better and it's easier than looking at poor TA.

 

[txbluesman]

OT, but speaking about dreams...I had a dream the other night that the trial was over (no verdict in the dream) and that all the Websleuthers in this forum were gathered together and we all were presented with a keychain as a thanks for our participation as trial watchers and posters! :great:

Keys? Keys? We don't need no stinkin' keys.


We just use the doggie door!!! :floorlaugh:

 

[Sweetiemom]

OT, but speaking about dreams...I had a dream the other night that the trial was over (no verdict in the dream) and that all the Websleuthers in this forum were gathered together and we all were presented with a keychain as a thanks for our participation as trial watchers and posters! :great:

I just want a guilty verdict, they can keep the keychain.