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  1. #1

    Legal Questions for our Verified Lawyers #4

    ***ASK A QUESTION***NO DISCUSSIONS!!!***

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    Link to lawyer thread #3: [ame="http://www.websleuths.com/forums/showthread.php?t=135704"]Legal Questions for our VERIFIED Lawyers #3 - Websleuths Crime Sleuthing Community[/ame]

  2. #2
    Wagara's Avatar
    Wagara is offline Wishin' and hopin’ and thinkin’ and prayin’...
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    Not sure what was asked last but I'll start with this.

    In your opinion, in the eyes of HHJP, what has the prosecution table done that he considers game-playing?

    Thanks for all you do!
    Whatever I say...It's only my opinion.

  3. #3
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    As an attorney would you feel at all confident about getting an aquittal or mistrial?

  4. #4
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    Quote Originally Posted by Wagara View Post
    Not sure what was asked last but I'll start with this.

    In your opinion, in the eyes of HHJP, what has the prosecution table done that he considers game-playing?

    Thanks for all you do!
    IMO he doesn't really have any major problem with the SA but is being careful to include them in any comments so that the appellate court can look at the transcript and say "no bias here."

    It is clear that the reason JA didn't take some expert depos was because he did not want to give the experts the chance to expand on their crappy reports. IMO this is not gamesplaying but strategy and perfectly OK.

    "It would seem to me that June 16, 2008 was the last time that the victim was viewed by her grandparents. It became quite evident that from the OS of the Defense that the 16th was a date of great importance and that a so called time line of activities dealing with CA, LA, GA and ICA on the 16th and what, if any, activities took place on the 15th, 16th and 17th of June on 24 hour cycles would have been, at least, of a minimal requirement of review. I take it at some point you had a computer expert look at that data?" HHJP, 6/21/11
    http://www.websleuths.com/forums/sho...139910&page=94

  5. #5
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    Quote Originally Posted by bayouland View Post
    As an attorney would you feel at all confident about getting an aquittal or mistrial?
    No.

    "It would seem to me that June 16, 2008 was the last time that the victim was viewed by her grandparents. It became quite evident that from the OS of the Defense that the 16th was a date of great importance and that a so called time line of activities dealing with CA, LA, GA and ICA on the 16th and what, if any, activities took place on the 15th, 16th and 17th of June on 24 hour cycles would have been, at least, of a minimal requirement of review. I take it at some point you had a computer expert look at that data?" HHJP, 6/21/11
    http://www.websleuths.com/forums/sho...139910&page=94

  6. #6
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    Excerpt from "Friday's Distraction: Rakofsky vs. the Internet"

    Wait, I know what you are thinking - voir dire is not transcribed or 'taken down' as we call transcription in the south. I will tell you that in each of my trials I do have voir dire transcribed so that if there is any issue regarding a civil Batson claim I don't leave it up to memory or handwritten notes. (Tip: I know, it costs more to do it, but transcribe jury selection. It has saved me twice.)

    http://bit.ly/myQdNg
    QUESTION: Is it true that voir dire/jury selection is not transcribed by a court report usually or is that just for civil trials?

  7. #7
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    Quote Originally Posted by AZlawyer View Post
    No.
    I have some additional questions for this answer.

    Do you think the defenses own expert witnesses have helped or hurt their case?

    Do you think that some of the testimony is bordering on insulting the jury's intelligence and will that play a role with the jury when deliberating? It is evidence after all... insulting as it may be.

    As of right now... what do you think the jury will find Casey guilty of?? First Degree or a lesser charge?
    Justice for Trayvon

  8. #8
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    Is it possible for Jose Baez to be disbarred due to his continued disregard for court orders? Also doesn't Jose's behavior effect the rest of the "team" are they not equally as responsible? TIA :-)

  9. #9
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    Hi and Thank you.
    Ok I am still looking for loopholes lol
    According to this website: (and yes I realize it is not case law legal site but lost other link - figure you all Attorney's would know if this info is true or not)
    http://legal-dictionary.thefreedicti...ning+statement
    The Supreme Court has characterized an opening statement as "ordinarily intended to do no more than to inform the jury in a general way of the nature of the action and defense so that they may better be prepared to understand the evidence" (Best v. District of Columbia, 291 U.S. 411, 54 S. Ct. 487, 78 L. Ed. 882 [1934]).
    AND
    The attorney must reasonably believe that the matters stated will be supported by the evidence. In addition, statements that are purely argumentative are not proper during opening statements. An attorney may not assert personal opinions, comment about the evidence, or comment about the credibility of a witness during an opening statement.
    (don't want to over quote the article)
    Why do you think JA did not object when (bolded ) JB made the comments about Mr. Kronk (something about morally corrupt individual) . Seems like it was something he could have objected to.
    ...the humble opinion of Jo Schmo...0 number of Days Jury Deliberated for Caylee

  10. #10
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    Quote Originally Posted by uklaw View Post
    Excerpt from "Friday's Distraction: Rakofsky vs. the Internet"

    QUESTION: Is it true that voir dire/jury selection is not transcribed by a court report usually or is that just for civil trials?
    I do civil trials and the voir dire is always transcribed. I know it is transcribed on a regular basis in criminal trials in AZ as well, because I have read criminal transcripts for appeals.

    And in this case, I'm quite sure it was transcribed.

    Quote Originally Posted by LolaMoon08 View Post
    I have some additional questions for this answer.

    Do you think the defenses own expert witnesses have helped or hurt their case?

    Do you think that some of the testimony is bordering on insulting the jury's intelligence and will that play a role with the jury when deliberating? It is evidence after all... insulting as it may be.

    As of right now... what do you think the jury will find Casey guilty of?? First Degree or a lesser charge?
    Thus far, the defense experts have not helped them, and yes, some of it is just silly and will taint the jury's opinion of the entire defense.

    Still thinking aggravated manslaughter.

    Quote Originally Posted by Beccaboo View Post
    Is it possible for Jose Baez to be disbarred due to his continued disregard for court orders? Also doesn't Jose's behavior effect the rest of the "team" are they not equally as responsible? TIA :-)
    Not yet. But if he keeps going down this path, maybe.

    The "team" is not necessarily equally responsible for everything that happens. The judge has discretion to sanction individual attorneys.

    "It would seem to me that June 16, 2008 was the last time that the victim was viewed by her grandparents. It became quite evident that from the OS of the Defense that the 16th was a date of great importance and that a so called time line of activities dealing with CA, LA, GA and ICA on the 16th and what, if any, activities took place on the 15th, 16th and 17th of June on 24 hour cycles would have been, at least, of a minimal requirement of review. I take it at some point you had a computer expert look at that data?" HHJP, 6/21/11
    http://www.websleuths.com/forums/sho...139910&page=94


  11. #11
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    Quote Originally Posted by okiedokietoo View Post
    Hi and Thank you.
    Ok I am still looking for loopholes lol
    According to this website: (and yes I realize it is not case law legal site but lost other link - figure you all Attorney's would know if this info is true or not)
    http://legal-dictionary.thefreedicti...ning+statement
    The Supreme Court has characterized an opening statement as "ordinarily intended to do no more than to inform the jury in a general way of the nature of the action and defense so that they may better be prepared to understand the evidence" (Best v. District of Columbia, 291 U.S. 411, 54 S. Ct. 487, 78 L. Ed. 882 [1934]).
    AND
    The attorney must reasonably believe that the matters stated will be supported by the evidence. In addition, statements that are purely argumentative are not proper during opening statements. An attorney may not assert personal opinions, comment about the evidence, or comment about the credibility of a witness during an opening statement.
    (don't want to over quote the article)
    Why do you think JA did not object when (bolded ) JB made the comments about Mr. Kronk (something about morally corrupt individual) . Seems like it was something he could have objected to.
    "Credibility" means whether or not someone is likely to lie. JB was saying that Kronk stole and moved a dead body, but not that he was a liar lol.

    But as a general rule judges do not like objections during opening and closing, so attorneys tend to restrain themselves unless it is something really important.

    "It would seem to me that June 16, 2008 was the last time that the victim was viewed by her grandparents. It became quite evident that from the OS of the Defense that the 16th was a date of great importance and that a so called time line of activities dealing with CA, LA, GA and ICA on the 16th and what, if any, activities took place on the 15th, 16th and 17th of June on 24 hour cycles would have been, at least, of a minimal requirement of review. I take it at some point you had a computer expert look at that data?" HHJP, 6/21/11
    http://www.websleuths.com/forums/sho...139910&page=94

  12. #12
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    When HHJP was lecturing Baez today he mentioned that he didn't want to "...impose the ultimate sanction". What is the ultimate sanction? A mistrial? A report to the FL Bar? Can HHJP recommend disbarment? TIA!

  13. #13
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    Quote Originally Posted by Shadow5618 View Post
    When HHJP was lecturing Baez today he mentioned that he didn't want to "...impose the ultimate sanction". What is the ultimate sanction? A mistrial? A report to the FL Bar? Can HHJP recommend disbarment? TIA!
    He just meant excluding the witness.

    "It would seem to me that June 16, 2008 was the last time that the victim was viewed by her grandparents. It became quite evident that from the OS of the Defense that the 16th was a date of great importance and that a so called time line of activities dealing with CA, LA, GA and ICA on the 16th and what, if any, activities took place on the 15th, 16th and 17th of June on 24 hour cycles would have been, at least, of a minimal requirement of review. I take it at some point you had a computer expert look at that data?" HHJP, 6/21/11
    http://www.websleuths.com/forums/sho...139910&page=94

  14. #14
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    It seems like though there are 5 lawyers on the DT, only JB is taking the field (though CM has done some cross-ex). Why, in your opinion, are the other lawyers not taking up the slack with JB's poor performance?

  15. #15
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    Quote Originally Posted by Wholehearted View Post
    It seems like though there are 5 lawyers on the DT, only JB is taking the field (though CM has done some cross-ex). Why, in your opinion, are the other lawyers not taking up the slack with JB's poor performance?
    I have no idea. Perhaps they do not care about their reputations or their client or their professional obligations.

    "It would seem to me that June 16, 2008 was the last time that the victim was viewed by her grandparents. It became quite evident that from the OS of the Defense that the 16th was a date of great importance and that a so called time line of activities dealing with CA, LA, GA and ICA on the 16th and what, if any, activities took place on the 15th, 16th and 17th of June on 24 hour cycles would have been, at least, of a minimal requirement of review. I take it at some point you had a computer expert look at that data?" HHJP, 6/21/11
    http://www.websleuths.com/forums/sho...139910&page=94

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