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  1. #16
    Update on COA appeal, through August 3, 2016.


    A. Motions to extend time for filing overdue transcripts were granted. Maria Arnold was given until August 29, and Babicky, until September 15.

    B. Motions to supplement the record 5 & 6 were granted.

    C. Filed August 3, 2016- Additional Record on Appeal:

    Originally filed 12/26/2013:

    1. In Session letter and CD
    2. Alyce LaViolette
    3. Personal matter

    Originally filed on 9/27/2012- 2 CD's:

    1. State vs. Arias, redacted copy
    2. Alyce LaViolette's notes

    D. Filed on August 3- supplemented trial record with revised indices

    E. 23 transcripts are still due; the only pending motions are the open -ended motion to extend the due date for her attorneys' opening brief, and the motions to compel production of overdue transcripts.
    Last edited by Hope4More; 08-05-2016 at 10:17 AM.

  2. #17
    FWIW. I rechecked the Superior Court dockets for 12/26/2013. There are no entries for that date, either in Minute Entries or in Case History.

    IIRC, there is an entry on record, though, related to In Session, and I think it was about their request to video the original trial.

  3. #18
    Update through August 11.

    Her attorneys are methodically churning out motions to supplement the trial record. The COA gave them a lengthy extension, until November of this year, to file these motions.

    Three more motions to supplement were filed on August 8. As always, the docket doesn't reflect what transcripts, etc. her attorneys are seeking to add. No date set for Dept. M to consider the motions, but so far all have been granted.

  4. #19
    Appeals Update, through COA docket entries dated August 19 (most recent entries).

    25 trial transcripts/materials are now due, all by September 15. The due date for 23 of the 25 transcripts has been extended twice; the latest granted requests for transcripts/materials were given the same due date of those twice extended.

    New Motions received and/or ruled upon:

    August 16. Motion to supplement 10 and 7. Granted. Motion to supplement 8 and 9. Granted in part.

    August 19. Received. Motion to Vacate the Notice of (trial record) Completion.
    -------------------------------------
    The new supplemental transcripts granted:

    April 15, 2013. 1:48-2:26AM
    April 16, 2013. 9:58 AM
    For jury voir dire. 12/18/2012.
    -----------------------------------------------------
    1. Granted Supplemental Transcript for April 15, 2013.

    (In context of the entire trial day of April 15).

    The 15th was spent on an Evidentiary Hearing on DT’s Motion for Mistrial due to Attorney Misconduct and Witness Intimidation, plus a Daubert hearing.

    9:43-9:51. Hearing on Attorney Misconduct: Grave Wong testified (with attorney present; JM signing photograph? One exhibit is introduced).

    9:51- 11:07. Daubert Hearing: Bryan Nuemister (on the TA’s eyeball inanity testimony), 4 exhibits introduced.

    11:07- 12:00. Evidentiary hearing on Motion for Mistrial due to Attorney Misconduct resumes. One exhibit is introduced.

    JSS ruled immediately following the introduction of this exhibit that “the Court finds the Defendant has not established any trial error and no basis for mistrial.”

    JSS; “The Court further finds the State was not in any way outside the bounds of proper behavior in the sealed hearing re Alyce LaViolette. “

    Next, discussion held about the Defendant’s Twitter account. JSS noted the defendant was in Sheriff Joe’s custody and that the Court “won’t take action at this time.”
    Motion for mistrial denied.
    Recess, 12:00 PM.

    (Requested transcript: April 15, 2013. 1:48-2:26AM)

    1:48-1:52 PM. Meeting in chambers. Ordered sealed. Mtg concludes at 1:52pm.

    1:53 -2:00. Discussion held, including with victim’s next of kin. Concludes at 2:00PM; minutes are not sealed.

    Court reconvenes at 2: 26. (Nothing on record for 2:26-2:37).

    2:37-3:00. More on DT’s attempt to get eyeball testimony. JSS ruling: inadmissible, on the grounds it wasn’t relevant, and precluded, basis for both findings-Rule 401 of Rules for Evidence.

    Transcript #2. April 16, 2013.

    The transcript requested was for the bench conference held between 9:58-10:02, before the jury was called in, the defense rested, and the State’s rebuttal case began with Dr. DeMarte on the stand.

    Transcript #3. Jury voir dire, December 18, 2012.

    (Voir dire began on December 10, and concluded on December 20. Counsel didn’t exercise their right to preemptive strikes until December 20, 2012).

    Individual jurors were voir dired on the 18th.

    Removed for cause: Jurors 269, 303, 319, 324, 340, 367, 373.
    DT makes oral motion to exclude juror 1.
    Removed for cause: Jurors 220, 194, 168, 192.
    Juror 58 says he recognizes JW.
    Juror 158 is excused for cause, but remains in the courtroom.
    Juror 188 is told to remain in the courtroom.
    Juror 158 is asked to return on December 20.
    Jurors 177 and juror 1 are discussed. Both are dismissed.
    Jurors 227, 237, and 160 are removed for cause.
    Jurors 248 and 257 to asked to remain and are discussed; both are asked to return on December 20.

    Final jury (as of December 20, 2013): Jurors 12, 21, 29, 33, 49, 62, 88, 115, 144, 161, 172, 174, 187, 199, 202, 226, 233.

    Note: Juror 158 being dismissed for cause but then asked to return is kind of funky, but 158 didn’t make the list of final jurors, so I can’t see why that would be an appeals issue, unless the DT argued it had to use up a preemptive strike to keep him/her off, an argument that I don’t see on the record for December 20.


    Best guess: her attorneys asked for the complete voir dire record as part of an excessive publicity-due process argument, and the COA granted a supplement of just one day of voir dire, the portion during which individual jurors were discussed individually and kept or dismissed for cause, which no doubt included being influenced by pre-trial publicity.

    Last, about the Motion to vacate trial record completion date. The trial completion date marks the official date when the clock starts ticking for opening briefs to be due.
    Her attorneys have already been granted what amounts to an open due date for their opening brief, given the COA gave them until November to make requests to supplement the trial record, and months beyond that in reality for their receipt of granted transcripts, plus the standard time allotted for a brief to be prepared.

    I don’t know how routine their request is to vacate the completion date, but it appears they are either requesting yet more time beyond what they’ve already been granted, or they are stating for the record that required transcripts were left out of what was designated as the completed record, and are requesting that due dates reflect that omission.

  5. #20
    Appeals update. Summary: the date her COA appeal will likely be heard just got kicked further down the road of 2017.

    The COA has granted her appellate attorneys' motion to vacate the date of record completion, essentially stopping the appeals clock altogether.


    Recap:

    **Notice of her appeal to the COA was filed May 7, 2015.

    ** The original date of completion was May 12, 2016. (all legally mandated transcripts of trial proceedings completed and compiled, with reference indices).

    **Completion of the record starts the clock for when attorneys must provide the COA with opening briefs.

    **The Court already granted the appellee's motion to vacate ( extend ) that deadline for briefs (granted May 24, 2016), and gave her attorneys until November 30, 2016 to REQUEST additional trial transcripts.

    **That November deadline for additional records to be requested could well be extended, given the Court has just ruled the trial record is incomplete.

    --------------

    Best case (for those who want to hear her appeal was denied sooner rather than later):

    -- her attorneys run out of records to request by or before the existing November deadline,

    -- court reporters turn in the requested transcripts after just one one or two extensions of deadline to file,

    --the COA clerk prioritizes reassembling this case's trial record and redoing the record's indices, and turns over the newly completed record forthwith to the COA,

    -- the COA acts in a timely manner to reset the official date of completion, which resets the date for opening briefs to be filed,

    --her attorneys don't file any opening brief- delaying motions after the new completion date is set.

    Sounds like it's going to take a long while.
    ---------

    Also pending: 4 additional motions to supplement the record (# 11, 12, 13, 14) were heard by Dept M on September 2, decisions have not yet been filed.
    Last edited by Hope4More; 09-09-2016 at 10:28 AM.

  6. #21
    For comparison, Melissa DeVault's case:

    Appeal filed on July 1, 2014.

    Record completion date: June 9, 2015.

    Change of attorneys, 2 extensions for filing opening briefs granted, and yet the COA heard her appeal on December 29, 2015.

    The COA affirmed her sentence of LWOP on August 4, 2016.

  7. #22
    COA update.

    The "completed" trial record of months ago must have been a mess. I'm getting the sense that at least some and perhaps many of the supplementals being requested by her attorneys (up to 21 now) should have been part of the original record but were never transcribed.

    A while back, her attorneys asked the COA to stay the appeal ("to ensure the record was accurate and complete"); the COA was to have ruled on that motion weeks ago, but their decision is not on the record if they did so.

    Meanwhile, more supplemental transcripts are on order, latest due date is December 2. Snail's pace.
    RIP, Cassini. To her tireless overseers- job well done.

  8. #23
    Join Date
    Apr 2013
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    SE Michigan
    Posts
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    http://www.azcentral.com/story/news/...13d9750e1a5c3b

    Jodi Arias' defense lawyer agrees to be disbarred over tell-all book rather than face disciplinary hearings


    The revelations in Nurmi's book could be damaging to Arias if she wins her appeal and is awarded a new trial. Details that were kept secret during the initial trial are now out in the open. If retried, Arias could face the death penalty again.
    "At Websleuths we take pride in being a notch above the rest. " Harmony2, WS
    * *. * * *. *. *. *
    Justice for Julia Niswender, murdered 12/10/2012, unsolved
    Justice for Christopher Preston 9/7/2013 - 10/10/2014; LWOP for Joseph Adams
    Chelsea Bruck, missing 10/26/2014, found 4/24/2015 ; Daniel Clay-Guilty Felony Murder/concealing body 5/16/2017
    Find Eric Franks (40) Missing from Bridgeport, MI since March 2011


  9. #24
    Join Date
    Apr 2013
    Location
    SE Michigan
    Posts
    12,262
    Interview with Kirk Nurmi on why he chose to be disbarred:
    https://m.youtube.com/watch?v=FFnCPO0zlFI

    and Jodi is supposedly considering suing him:
    https://m.youtube.com/watch?v=SUxWERrWsOU
    "At Websleuths we take pride in being a notch above the rest. " Harmony2, WS
    * *. * * *. *. *. *
    Justice for Julia Niswender, murdered 12/10/2012, unsolved
    Justice for Christopher Preston 9/7/2013 - 10/10/2014; LWOP for Joseph Adams
    Chelsea Bruck, missing 10/26/2014, found 4/24/2015 ; Daniel Clay-Guilty Felony Murder/concealing body 5/16/2017
    Find Eric Franks (40) Missing from Bridgeport, MI since March 2011


  10. #25
    Join Date
    Apr 2013
    Location
    SE Michigan
    Posts
    12,262
    A former lawyer for Casey Anthony, the Florida mom acquitted of killing her daughter in a sensational 2011 trial, has been arrested on charges that he conspired to fly a planeload of cocaine from Ecuador to Honduras, the Daily News has learned.
    Todd Macaluso, a licensed pilot, was arraigned in Brooklyn Federal Court on Nov. 19 — five days after he was busted by authorities in Haiti.

    http://www.nydailynews.com/new-york/...0568?cid=bitly

    "At Websleuths we take pride in being a notch above the rest. " Harmony2, WS
    * *. * * *. *. *. *
    Justice for Julia Niswender, murdered 12/10/2012, unsolved
    Justice for Christopher Preston 9/7/2013 - 10/10/2014; LWOP for Joseph Adams
    Chelsea Bruck, missing 10/26/2014, found 4/24/2015 ; Daniel Clay-Guilty Felony Murder/concealing body 5/16/2017
    Find Eric Franks (40) Missing from Bridgeport, MI since March 2011



  11. #26
    COA update, December 2 (rulings through November 30, 2016).


    No ruling on the record yet on her attorney's request to stay the appeal (reason given - to ensure the trial record is accurate and complete).

    Their latest motion again seems to be about the trial record as a whole, emphasis on "seems to be" : a motion to "immediately preserve trial file."


    The COA denied this motion on November 30 (one of very few denials by the COA, btw, so maybe the motion is not so routine).

    The COA indicated it was denied "without prejudice to the filing of the motion in the AZ Supreme Court."

    (Guessing her attorneys might be arguing that the trial record completion process has been "messy" and slow enough to become an appealable issue).

    _----------------------
    Another curiosity. Not sure what this means either (or whether or not it relates to the above motion)-- to do with errors in the record or something more?

    Mike Babicky the court reporter has been ordered to "show cause," or in plain English, explain himself, about 2 transcripts: those for April 15 and April 16, 2013. Both were requested as supplemental records, both were transcribed, both were then stricken from the trial record by the COA at her attorneys' request, then came the COA's ruling ordering Babicky to explain (himself?) about those 2 transcripts.

    **April 15 transcript was about a Nurmi motion for mistrial based on attorney misconduct and witness intimidation. The April 16 transcript seems to be for a bench conference that took place just before the defense rested (JM put DeMarte on the stand next).
    Last edited by Hope4More; 12-02-2016 at 01:31 PM.
    RIP, Cassini. To her tireless overseers- job well done.

  12. #27
    A few clarifications related to appeals motions and the COA's rulings.

    *** November 30, 2016 was the deadline set by the COA on May 24, 2016 for her attorneys to file requests to supplement the trial record.

    *** Her attorneys have requested 21 supplements. The last motion to request (#21) was filed on November 14, 2016 and hasn't been ruled upon/noted on docket yet.

    *** Of the 20 prior supplements requested, all were granted by the COA, with the exception of #11 (requested on August 31, 2016), which is noted on the COA docket as still pending.


    *** The COA granted her attorneys' request to vacate the prior official date of trial record completion, as well as their motion to postpone the filing of opening briefs.

    It looks like the granting of those motions may not have affected the COA's deadline of November 30 for supplement requests to be filed.

    That deadline perhaps explains her attorneys' request to stay the appeal (October 18) until the trial record is "complete and accurate." (The COA hasn't ruled on the request).

    It might also explain the timing (November 23) of the request to "immediately preserve the trial file," a motion the COA denied, but indicated could be taken up with the AZ Supreme Court (denied without prejudice).

    Last, I think the 2 Babicky transcripts of April 2013 were stricken for the unmysterious reason they were simply dated incorrectly (off by a year).

    So...maybe, perhaps, if her attorneys aren't trying to stall and/or don't try to have the ASC hear the "preserve file" issue, maybe perhaps opening briefs will be filed as "early" as March 2017.
    RIP, Cassini. To her tireless overseers- job well done.

  13. #28
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    Heard through the grapevine:

    Something weird happened/is happening with the court record, most specifically, Mike Babicky the court reporter's share. The COA ordered that ALL of his transcripts, both electronic and paper, be tossed, purged, deleted, made to go away. YIKES. This was after Babicky was summoned to a meeting with not one but two CIA judges. Afterwards, at some point, his transcripts were ordered tossed, and he was ordered to redo ALL of them, which is over 150. The due date is in March.

  14. #29
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    The trial record is now complete, a June 8 deadline has been set for opening appeals to be filed. Hope this is on its way to a conclusion.

  15. #30
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    5-May-2017 ORDERED: The parties shall have to/including 08/01/2017, in which to file any motions to supplement the record. FURTHER ORDERED: Vacating the opening brief due date. The briefing schedule will be set after a conference with counsel, to be held in due course. Anthony Mackey, ProTem Judge - Author

    30-May-2017: FILED: Motion to supplement the record #23; Certificate of Service (Appellant)
    30-May-2017: FILED: Motion to supplement the record #24; Certificate of Service (Appellant)
    30-May-2017: FILED: Motion to supplement the record #25; Certificate of Service (Appellant)

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