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  1. #1
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    Tammi Smith - the Sentencing Phase

    Ok everybody, head over here for your latest comments on Tammi Smith Sentencing....

  2. #2
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    Maybe the request for continuance has to do with the fact that Ken Schutt had himself removed as Tammi's attorney in her civil suit, so now she has to find a new attorney to represent her in that....

  3. #3
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    Quote Originally Posted by artsy1 View Post
    Maybe the request for continuance has to do with the fact that Ken Schutt had himself removed as Tammi's attorney in her civil suit, so now she has to find a new attorney to represent her in that....
    What is the civil suit about?
    Why one one court case have anything to do with another?
    Can't she get a public defender in jail for the civil suit.
    Just push the civil court back!

  4. #4
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    Quote Originally Posted by daisynae View Post
    What is the civil suit about?
    Why one one court case have anything to do with another?
    Can't she get a public defender in jail for the civil suit.
    Just push the civil court back!
    You can't get public defenders in civil cases.

  5. #5
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    Copied over from saba's post on another thread....


    http://www.superiorcourt.maricopa.go...caseSearch.asp (CR2010-101760)


    6/28/2012 Motion To Continue - Party (002)

    NOTE: RESPONSE TO STATE’S MOTION TO CONTINUE

  6. #6
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    Quote Originally Posted by artsy1 View Post
    You can't get public defenders in civil cases.
    OH, O.K. Thank you for that.
    So I guess that is not the reason.
    I hope everything that is happening is
    leading to give her more time!

  7. #7
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    From the site posted on another thread issued by Arizona Office of Administrative Hearings on Continuances.......this is said about problems with civil cases at the same time.

    http://www.azoah.com/Vol28.html

    "One frequently-cited reason for continuance is the existence of a parallel civil proceeding. As a general rule, the Office of Administrative Hearings does not permit cases to remain on the calendar indefinitely pending the outcome of the civil proceeding, and parties should therefore be prepared to proceed with the administrative proceeding simultaneously with the civil proceeding."

    Don't know how good a general rule is in this case since it twists and turns all the time.

  8. #8
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    I found it! Thanks, artsy. There's not much time until the sentencing hearing if it is not delayed for some reason.

    Does anyone know the nature of the civil suit? I would assume Logan is suing her as he is the victim in this case. Of course, the ultimate victim is Gabriel. I keep hoping he is found alive some day. I just can't give up on him yet.
    The greatest trespasser on justice still wishes it done to him.

    EDWARD COUNSEL, Maxims

  9. #9
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    Hi everybody. Here are some of the threads we are using in addition to this one:

    Tammi Peters Smith- Background
    [ame="http://websleuths.com/forums/showthread.php?t=95089"]Tammi Peters Smith- Background - Websleuths Crime Sleuthing Community[/ame]


    Tammi Smith -The Charges
    [ame="http://websleuths.com/forums/showthread.php?t=95041"]Tammi Smith -The Charges - Websleuths Crime Sleuthing Community[/ame]


    The civil lawsuit can be found in the Background thread and does not involve Logan McQueary. All the motions and orders are posted in the Charges thread, even those that deal with the upcoming sentencing.

    Hope this helps!

  10. #10
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    Quote Originally Posted by artsy1 View Post
    Ok everybody, head over here for your latest comments on Tammi Smith Sentencing....
    Thank you Artsy, for doing this, and for making it so accessible.


  11. #11
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    Quote Originally Posted by CarolinaMoon View Post
    I found it! Thanks, artsy. There's not much time until the sentencing hearing if it is not delayed for some reason.

    Does anyone know the nature of the civil suit? I would assume Logan is suing her as he is the victim in this case. Of course, the ultimate victim is Gabriel. I keep hoping he is found alive some day. I just can't give up on him yet.
    The civil suit has to do with one of her many now-defunct businesses, and this is discussed on the background page. It's mind-boggling how many things this woman has been involved in and how many people have been impacted.

    This probably isn't the first case where a defendant has been convicted of felony with civil cases outstanding. This grounds for continuance would make sense if it was defense who submitted it. But it was Prosecution who asked for the continuance.

    Since she's already been convicted, prosecution and defense would be next preparing their arguments for aggravators and mitigators. Prosecutors already presented enough evidence for the jury to convict her. Usually they want the sentencing to occur sooner than later.

    This leads me to conclude that either they have other cases which are taking precedence, or they have more discovery or evidence to add to the aggravators. I looked up information on Continuance, and it stated these are rarely granted without good cause. So if the judge grants the motion, you can assume they have a good reason to want the sentencing postponed.

  12. #12
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    Quote Originally Posted by daisynae View Post
    OH, O.K. Thank you for that.
    So I guess that is not the reason.
    I hope everything that is happening is
    leading to give her more time!
    I agree...we didn't hear anything about a civil suit in the trial, but I guess it wasn't relevant to those charges. BUT....here we go again, it adds to the big picture. The thing is, the jury of 12 has already convicted her, and now it's up to The Judge, and the judge is a person with common sense, too. He's going to hear those arguments, but in the end, it's up to him.

    What's amazing to me is how much I have learned about this woman just since her trial! The people here on WS have worked hard to get so much information that was not available to the jury. As I've read through so many of these threads, it's mind boggling how much this woman has involved herself in! If WS members have discovered all of this, then there must be other people who know it too. How much do the attorneys and the judge know? I don't know, but I'd guess a lot depends on the relevance of the information to the crimes she's been convicted of.

    In sentencing the judge has to look at the defendant's remorse and if the defendant wants to be rehabilitated and the defendant's character...there weren't many character witnesses at Tammi's trial...and what evidence does the State have against her character...??? We have no way of knowing, but we can assume the judge has experience and will do the right thing.

  13. #13
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    Mind-boggling.......how many minds has Tammi Smith boggled with????

  14. #14
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    Here you go, everybody, since we are at this stage of the proceedings, here's a link to Arizona Law re: Motion for Continuance.

    http://www.azoah.com/Vol28.html

  15. #15
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    Here is something interesting related to grounds for Motion for Continuance:

    Surprise
    A continuance may be granted in a criminal case where matters arise that could not have been reasonably anticipated. A continuance should be granted where depositions with information tending to create an alibi for the accused had been suppressed.[60]
    If the defendant has been deceived by the state in a criminal action, a continuance can be granted.[61][62][63]
    A continuance can be granted if there is an amendment to the indictment or introduction of new information in the criminal complaint.[64][65]
    A continuance may be granted because there has been unexpected evidence or testimony. This includes additional witnesses not named in the original indictment, or unaticipated testimony of witnesses, such as major differences of fact from deposition and trial. Minor differences in testimony do not constitute surprise.[66][67][68]

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