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  1. #31
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    Quote Originally Posted by AZlawyer View Post
    I honestly have no idea what that means. You can't appeal something if you've waived your objections to it. And an appeal wouldn't affect the operation of the Sunshine Laws.
    I believe this is what Nin is referring to. The article mentions the appealing.

    "Once here, we're told Wright will then have the option of appealing his case all over again -- meaning it could be some time before we get any new details about his alleged role in the murder."

    http://www.nbc-2.com/story/30155045/...y#.VgywZM5dHVJ

    Can this be done?

  2. #32
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    Quote Originally Posted by No it's not View Post

    Once here, we're told Wright will then have the option of appealing his case all over again -- meaning it could be some time before we get any new details about his alleged role in the murder.'

    [Bold mine]

    Thank you!

    -Nin
    Quote Originally Posted by AZlawyer View Post
    I honestly have no idea what that means. You can't appeal something if you've waived your objections to it. And an appeal wouldn't affect the operation of the Sunshine Laws.
    Quote Originally Posted by hockeymom4 View Post
    I believe this is what Nin is referring to. The article mentions the appealing.

    "Once here, we're told Wright will then have the option of appealing his case all over again -- meaning it could be some time before we get any new details about his alleged role in the murder."

    http://www.nbc-2.com/story/30155045/...y#.VgywZM5dHVJ

    Can this be done?
    I know it is confusing but that is exactly the same question she just answered.

    I'm a paralegal and it made zero sense to me as well. When a defendant waives their rights, there is no ruling by a judge. Hence, there is no decision to appeal. (An appeal is filed when someone feels the judge ruled in error. You have to provide legal arguments citing a bunch of case law explaining why the judge's ruling was wrong.)

    That hearing went something like this - CWW: "Judge, I know I asked for this hearing but on second thought, nevermind. I've decided to waive my rights to fight the order of extradition." Judge: "Are you sure you understand what you are doing by waiving your rights, Mr. Wright?" CWW: "Yes sir [ma'am]". Judge: Alrighty then. Noted on the record. The Orders executed by the Governors of MO and FL shall stand. You will be released to custodians of FL LE so that you can return to the State of Florida to answer the charges filed against you for the murder of Dr. Teresa Sievers."

    Again, there is no decision to appeal. Since CWW chose to waive his rights, he never presented an argument at today's hearing. Hence, the judge had nothing to grant or deny.

    Personally, I find it hard to believe any lawyer would word it like it was reported. I read somewhere else that CWW is going to claim that he was in MO at the time of the murder. IDK if that is where the reporter got confused but his statement, as worded, made no sense.

    *AZ, you're the one with the JD. If I have misstated anything here, please correct it!

  3. #33
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    AZ, can cww have his wife give him an alibi at trial and still keep spousal privilege so she can't say anything else, or would he have to choose?

    Thanks!

    Sent from my SM-G900V using Tapatalk

  4. #34
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    Quote Originally Posted by Wyle_E_Coyote View Post
    AZ, can cww have his wife give him an alibi at trial and still keep spousal privilege so she can't say anything else, or would he have to choose?

    Thanks!

    Sent from my SM-G900V using Tapatalk
    Sure. She wouldn't have to recite any of their conversations to give him an alibi--just say "he was here the whole time!"

    "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. #35
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    Quote Originally Posted by AZlawyer View Post
    Sure. She wouldn't have to recite any of their conversations to give him an alibi--just say "he was here the whole time!"
    Could she be cross examined by the prosecution on other aspects of the alibi excluding the conversations?

  6. #36
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    Quote Originally Posted by Bobbywoo View Post
    Could she be cross examined by the prosecution on other aspects of the alibi excluding the conversations?
    Definitely!

    "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

  7. #37
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    Question, can you explain what can be argued WRT proof of identity for extradition purposes?

    Not sure if I can quote correctly, but from discussion in the cww thread...

    Post 1

    Right, but the MO attorney was representing CWW in the extradition matter. A Missouri case. IMO, the MO attorney <i>was</i> planning to argue improper identification at the extradition hearing; that FL did not have &quot;proof of identity&quot; fingerprints, photos, placing CWW in the state at the time of the crime. This is a very relevant argument to be made at the extradition hearing. If the MO attorney had a particularly strong argument, a MO judge may have delayed/denied extradition. Might have been an attempt to probe the evidence against CWW.

    Post 2

    I didn't think proof of identity for extradition purposes worked like that... I thought the proof of identity was &quot;this person in custody is not cww&quot;, rather than &quot;cww has an alibi and SODDI&quot;

    Sent from my SM-G900V using Tapatalk

  8. #38
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    Quote Originally Posted by Wyle_E_Coyote View Post
    Question, can you explain what can be argued WRT proof of identity for extradition purposes?

    Not sure if I can quote correctly, but from discussion in the cww thread...

    Post 1

    Right, but the MO attorney was representing CWW in the extradition matter. A Missouri case. IMO, the MO attorney <i>was</i> planning to argue improper identification at the extradition hearing; that FL did not have &quot;proof of identity&quot; fingerprints, photos, placing CWW in the state at the time of the crime. This is a very relevant argument to be made at the extradition hearing. If the MO attorney had a particularly strong argument, a MO judge may have delayed/denied extradition. Might have been an attempt to probe the evidence against CWW.

    Post 2

    I didn't think proof of identity for extradition purposes worked like that... I thought the proof of identity was &quot;this person in custody is not cww&quot;, rather than &quot;cww has an alibi and SODDI&quot;

    Sent from my SM-G900V using Tapatalk
    Yeah, it's more of a "mistaken identity" issue at that stage. In this case I don't think there was any question that the Florida cops were really wanting this specific person to be extradited.

    "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

  9. #39
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    AZ- From your perspective does the announcement of CWW having a motions hearing on 10/16 in MO make sense after he was just extradited to FL? What are the possibilities in this situation? Thank you kindly!


    Sent from my iPhone using Tapatalk

  10. #40
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    Quote Originally Posted by observation View Post
    AZ- From your perspective does the announcement of CWW having a motions hearing on 10/16 in MO make sense after he was just extradited to FL? What are the possibilities in this situation? Thank you kindly!


    Sent from my iPhone using Tapatalk
    I thought it was a motion to unseal something. Certainly CWW doesn't need to be there. His lawyer can go if there is some objection.

    "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. #41
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    Quote Originally Posted by Paulas88 View Post
    This is very confusing. I thought he was being extradited back to FL
    as soon as the paperwork was completed?
    Quote Originally Posted by observation View Post
    This announcement is either true or designed to throw the public and media off. We shall see mid-month.


    Sent from my iPhone using Tapatalk
    Quote Originally Posted by Wyle_E_Coyote View Post
    Or a pre-scheduled hearing that they just haven't gotten around to canceling yet.

    Sent from my SM-G900V using Tapatalk
    Quote Originally Posted by KateB View Post
    http://www.news-press.com/story/news...rida/73106454/

    Maybe the two week time frame has many purposes. Might it take two weeks to prepare the initial release of documents under FL sunshine laws, lets the state of Missouri bear the inmate cost longer, and allows CWW another motion hearing?

    According to SeesSeas post in the Court Information thread, the October hearing is on sealed search warrants.
    http://www.websleuths.com/forums/sho...rt-information
    I just answered a question about this in the legal thread, but now I see that I missed what the questioner was getting at. There is no reason that this hearing would be cancelled just because CWW is moved to Florida. CWW's change of physical location wouldn't make the Missouri case go *poof* or transfer the Missouri case to Florida. If someone wants to unseal something that was filed under seal in Missouri, they still have to get an order from the Missouri court to do it, and they don't need CWW to be in-state to get it done.
    Last edited by KateB; 10-03-2015 at 09:32 PM. Reason: copied over from discussion thread.

    "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. #42
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    Not sure if this is the correct place to post this question, but I hope so.

    Why are some mug shots taken shirtless? Is it to show body markings like tattoos and scratches? I don't see any on CWW. JR had a shirt on. I have seen this occasionally and just pictured the perp being dragged in off the street after a big struggle. I find the inconsistency strange.

  13. #43
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    Quote Originally Posted by Webjunkie View Post
    Not sure if this is the correct place to post this question, but I hope so.

    Why are some mug shots taken shirtless? Is it to show body markings like tattoos and scratches? I don't see any on CWW. JR had a shirt on. I have seen this occasionally and just pictured the perp being dragged in off the street after a big struggle. I find the inconsistency strange.
    I've never thought about it before. Maybe he just wasn't wearing a shirt when he was arrested. And maybe he wasn't the kind of super-cooperative suspect who says "I'll come without a fight--just let my wife get a shirt for me please."

    "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. #44
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    Don't they get those nice orange shirts?

  15. #45
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    Quote Originally Posted by human View Post
    Don't they get those nice orange shirts?
    Not all counties follow the process in the same order.

    "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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