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  1. #46
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    Is there a different sentence if one is a murderer, hitman, or even a person who hires a hitman?

  2. #47
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    sacramento
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    Can LE have access to scrubbed FACEBOOK posts and deleted messages?

  3. #48
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    Aug 2011
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    AZ, IIRC in both the Casey Anthony and Jodi Arias case law enforcement cloned the computer hard drives. IIRC in the CA case the computer was then given back to the Anthony's. In the JA case the kept it (she was in jail). My question is in reguards to this case wouldn't law enforcement clone the hard drive then immediately return it since there are very important records on it that patients may need ASAP? Also, if you know, how long would it take for law enforcement to clone the hard drive?

  4. #49
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    witness in grand jury

    I have another grand jury question. Would the girl friend of JR be ordered by subpoena to testify at a grand jury?
    Last edited by KateB; 10-06-2015 at 06:42 PM. Reason: fix title

  5. #50
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    Quote Originally Posted by Webjunkie View Post
    Is there a different sentence if one is a murderer, hitman, or even a person who hires a hitman?
    The answer would vary by state, by the criminal history of the individual, by the specific circumstances of the crime, etc. etc. etc. But as a very general proposition in Florida, IIRC all those people could be sentenced to life in prison or even the death penalty.

    Quote Originally Posted by noel leon View Post
    Can LE have access to scrubbed FACEBOOK posts and deleted messages?
    Yes.

    Quote Originally Posted by ohreally View Post
    AZ, IIRC in both the Casey Anthony and Jodi Arias case law enforcement cloned the computer hard drives. IIRC in the CA case the computer was then given back to the Anthony's. In the JA case the kept it (she was in jail). My question is in reguards to this case wouldn't law enforcement clone the hard drive then immediately return it since there are very important records on it that patients may need ASAP? Also, if you know, how long would it take for law enforcement to clone the hard drive?
    It would take a couple of minutes to clone the hard drive. I'm sure they did clone it. But it's a tougher decision what to do with the original if the owner is (a) a POI and (b) not a healthcare provider so HIPAA issues are raised. I would think the medical practice would have been an entity of some kind (e.g., an LLC) and it would be OK to return the files to the LLC per HIPAA, but that's just a gut feeling--I haven't researched that.

    Quote Originally Posted by noel leon View Post
    I have another grand jury question. Would the girl friend of JR be ordered by subpoena to testify at a grand jury?
    She could appear voluntarily, or since she's in another state she could be subpoenaed to appear by telephone or video from Missouri. Or I believe the detectives could just tell the grand jury what she said. I don't think there are the same hearsay restrictions in grand jury proceedings as at trial.

    "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. #51
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    Jul 2015
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    CWW arrival in FL – Timing

    After the 9/30/2015 order of transfer, is there a time limit in transporting Curtis Wayne Wright from Missouri to Florida?

    Re: WRIGHT , CURTIS WAYNE JR , Defendant
    9/30/2015 Court Order - Comes now the court and hereby orders that the Sheriff of Jefferson County may now transfer custody to the State of Florida.



    Once the defendant has been processed into the custody of Florida LE, does CWW have a right to a speedy trial within 120 days of arrival?
    What are some examples of “good cause“ to “grant any necessary or reasonable continuance“ to the commencement of trial?


    Is this the correct statute citation?
    Florida interstate compact – Interstate Agreement on Detainers
    http://www.flsenate.gov/Laws/Statutes/2011/941.45
    ARTICLE IV (c) In respect of any proceeding made possible by this article, trial shall be commenced within 120 days of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or the prisoner’s counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.

  7. #52
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    Quote Originally Posted by SeesSeas View Post
    After the 9/30/2015 order of transfer, is there a time limit in transporting Curtis Wayne Wright from Missouri to Florida?

    I don't think so.

    Re: WRIGHT , CURTIS WAYNE JR , Defendant
    9/30/2015 Court Order - Comes now the court and hereby orders that the Sheriff of Jefferson County may now transfer custody to the State of Florida.



    Once the defendant has been processed into the custody of Florida LE, does CWW have a right to a speedy trial within 120 days of arrival?
    What are some examples of “good cause“ to “grant any necessary or reasonable continuance“ to the commencement of trial?


    Is this the correct statute citation?
    Florida interstate compact – Interstate Agreement on Detainers
    http://www.flsenate.gov/Laws/Statutes/2011/941.45
    ARTICLE IV (c) In respect of any proceeding made possible by this article, trial shall be commenced within 120 days of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or the prisoner’s counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.
    Hardly any serious felony trials start within 120 days. Normally the "good cause" is that the defendant waives his right to a speedy trial in order to be better prepared. But there are lots of other reasons--issues with witnesses, issues with processing evidence, etc.

    "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

  8. #53
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    Jan 2013
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    1,246
    With JR being in federal custody on a probation violation, does this give LSCO (or the feds) any leverage to question him about the FL murder because JR's right to counsel under the 6th Amendment hasn't kicked in for the FL state charges, or has it? If not, once an indictment is filed does the right to counsel kick in even if JR does not appear in FL?

    Thank you!

  9. #54
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    Oct 2008
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    AZ
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    Quote Originally Posted by creepingskills View Post
    With JR being in federal custody on a probation violation, does this give LSCO (or the feds) any leverage to question him about the FL murder because JR's right to counsel under the 6th Amendment hasn't kicked in for the FL state charges, or has it? If not, once an indictment is filed does the right to counsel kick in even if JR does not appear in FL?

    Thank you!
    If LE attempts to question JR while he is in custody about any crime whatsoever he will have a right to counsel and right to remain silent regardless of what he's in custody for or whether there's been any indictment.

    "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

  10. #55
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    Sep 2015
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    70
    Can the legal professionals discuss criteria used for establishing TOD? Arrest documents are using 11:19 p.m. as time of crime - Would one use that as TOD or perhaps the time TS arrived home?


  11. #56
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    AZ
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    Quote Originally Posted by CeaElle View Post
    Can the legal professionals discuss criteria used for establishing TOD? Arrest documents are using 11:19 p.m. as time of crime - Would one use that as TOD or perhaps the time TS arrived home?
    I wouldn't take it as the exact time of death. If the time is filled in on a form that doesn't allow for a range of times to be entered--like the one used here--then the time is likely to be either: (1) the time the victim was last known to be alive, or (2) the time the victim was found dead. In this case, it would be the former. No officer is going to make up a time in between those two known times, so they have to pick one.

    "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. #57
    Join Date
    Feb 2013
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    4,281
    Quote Originally Posted by AZlawyer View Post
    I wouldn't take it as the exact time of death. If the time is filled in on a form that doesn't allow for a range of times to be entered--like the one used here--then the time is likely to be either: (1) the time the victim was last known to be alive, or (2) the time the victim was found dead. In this case, it would be the former. No officer is going to make up a time in between those two known times, so they have to pick one.
    Just wanted to let you know how much you are truly appreciated here. It takes a very special person to work all day in the legal system and then come home and volunteer your time for free.

  13. #58
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    Aug 2008
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    the Plains & Jordan-Hare stadium
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    AZ, interesting discussion taking place in the Elizabeth Parker (CWW defense attorney) thread. Instead of me attempting to summarize, can you please review and offer some clarity, direction, opinion, etc., re. parameters (legally, ethically, etc.) regarding the subject matter being discussed in the posts linked below. (whole thread is a good read; several other posts related to same if you have the time to read through)


    I chimed in with my in post #55 linked here.

    <insert several other related posts for your review; too many to link here>


    Also, see post #82 and post #90

  14. #59
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    Feb 2013
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    843
    1.) So CWW right now is charged with murder, and it is said that this Wed. CWW's defense attorney will receive all Discovery (to-date). The sheriff has told us the investigation is keenly active & now, tho', been told to Zip It. So long as CWW doesn't invoke his right to a speedy trial, can the judge permit some of the Discovery to be held back at this tim (eg, redacted docs' or docs'/video, etc., entirely withheld) from getting into the hands of CWW's defense attorney? If the defense must receive ALL Discovery NOW, can the judge order defense attorney & CWW not to speak out publicly about that evidence so 'they all know', but we the general public don't get to know now???

    2.) Is it correct to assume that CWW's attorney physically chats with CWW in the jail & brings in all the Discovery to go through it all with CWW, BUT she will NOT give CWW a copy of anything for CWW to keep in the jail, unless, like Jodi Arias, CWW is kept 100 percent away from all other inmates?

    3.) Does Florida have any way to compel CWW's new wife to testify AT ALL in the event she doesn't want to be involved? Isn't it true that so long as Wife3 stays in MO, FL has no authority physically to complet her or force her to do anything (no phone testimony, no video, no extradition...). Same as to JR's GF.

    tyia

  15. #60
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    Quote Originally Posted by MinnesotaMary View Post
    1.) So CWW right now is charged with murder, and it is said that this Wed. CWW's defense attorney will receive all Discovery (to-date). The sheriff has told us the investigation is keenly active & now, tho', been told to Zip It. So long as CWW doesn't invoke his right to a speedy trial, can the judge permit some of the Discovery to be held back at this tim (eg, redacted docs' or docs'/video, etc., entirely withheld) from getting into the hands of CWW's defense attorney? If the defense must receive ALL Discovery NOW, can the judge order defense attorney & CWW not to speak out publicly about that evidence so 'they all know', but we the general public don't get to know now???

    2.) Is it correct to assume that CWW's attorney physically chats with CWW in the jail & brings in all the Discovery to go through it all with CWW, BUT she will NOT give CWW a copy of anything for CWW to keep in the jail, unless, like Jodi Arias, CWW is kept 100 percent away from all other inmates?

    3.) Does Florida have any way to compel CWW's new wife to testify AT ALL in the event she doesn't want to be involved? Isn't it true that so long as Wife3 stays in MO, FL has no authority physically to complet her or force her to do anything (no phone testimony, no video, no extradition...). Same as to JR's GF.

    tyia
    1. The judge will have to be careful balancing LE's need for secrecy regarding the continuing investigation against the defendant's rights. Basically, the defendant's rights always prevail, because they're based on the Constitution. The most likely result, as you suggested, would be that the defense team would be allowed to see certain things but would not be permitted to reveal the information to the public.

    2. I believe defendants are generally allowed to keep legal papers in their cells.

    3. The fact that they are in Missouri won't prevent them from being compelled to testify. If the Florida court requests it, the Missouri court will order them to appear somewhere in Missouri to testify by phone/video. As to CWW's wife, though, there are 2 types of spousal privilege that probably exist in Florida (they do in most places): (1) a privilege as to communications between them that took place during the marriage, and (2) a privilege not to be compelled to testify against a spouse. Now, if CWW's defense includes something like, "I was with my wife the whole time," then he may be found to have waived privilege #2 and his wife could be made to testify.

    "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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