Legal Questions for Our VERIFIED Lawyers #1

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AZlawyer said:
Thank you!! I had completely forgotten about that opinion! :)



It's not that easy to use lawyer-filing as a delay tactic, if you have a strong judge. The judge will inquire as to the reasons for the firing to make sure the lawyer and client aren't "playing" the system. Also, if she fires the whole team, where's she going to get another team to represent her for free? IMO she'd end up with a PD--and they're even harder to fire. ;)
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If she did have a Public defender would we still see all these shenanigans- appearing on National TV talk shows, dragging their feet with respect to providing information- or are they more strictly regulated ( and more professional)..? It seems to me, as your average suburban News watcher I only notice the more flambuoyant private attorneys... I can't remember any PD's courting the Media.
 
ZsaZsa said:
If she did have a Public defender would we still see all these shenanigans- appearing on National TV talk shows, dragging their feet with respect to providing information- or are they more strictly regulated ( and more professional)..? It seems to me, as your average suburban News watcher I only notice the more flambuoyant private attorneys... I can't remember any PD's courting the Media.
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They are normally pretty professional because they have bosses, reviews, the potential of getting fired, etc. Unlike JB.
 
Hi,
I hope this is the correct thread for this question. Mods please remove if it is not.
If (when) ICA is convicted and there is an automatic appeal, will she be transfered to prison or will she stay at the jail in protective custody? Thank You
 
Misty_Pie said:
Hi,
I hope this is the correct thread for this question. Mods please remove if it is not.
If (when) ICA is convicted and there is an automatic appeal, will she be transfered to prison or will she stay at the jail in protective custody? Thank You
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Upon conviction, she will be transferred to prison, unless and until the conviction is overturned on appeal.
 
AZlawyer said:
Upon conviction, she will be transferred to prison, unless and until the conviction is overturned on appeal.
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Wouldn't there be a certain amount of time between this happening? As in, an overturned appeal surely couldn't happen within days - or could it?
 
Itsy said:
Wouldn't there be a certain amount of time between this happening? As in, an overturned appeal surely couldn't happen within days - or could it?
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Right, but in the meantime she would be a convicted murderer who wasn't even allowed bond before trial. I see no reason she wouldn't be held in prison. She could and probably will request a release pending appeal--I just don't see any way it would be granted.
 
Getting back to the DC investigative interview ... If in fact the state is not going to file it or possibly use any of it at trial, could it be they are "saving" it to be used for a future prosecution? say of the Anthonys? or a bar complaint against Jose? or both?
I was just wondering if they can get what they want from Hoover as far as DC searching on Suburban and use what they learned from DC's testimony for future prosecution after the trial ...
It just seems really wierd not seeing anything to do with DC in any filings by the state or Jose except for emails ... :waitasec:

TIA
 
AZlawyer said:
Right, but in the meantime she would be a convicted murderer who wasn't even allowed bond before trial. I see no reason she wouldn't be held in prison. She could and probably will request a release pending appeal--I just don't see any way it would be granted.
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Oh, I didn't mean that she'd be allowed out at all, lol (that's what I get for posting at 1:30am - didn't make myself clear). What I meant to ask was would she go to prison, or stay in the "special" jail she's in now if she were convicted & they appeal. (and I know the appeal is pretty much done deal whether she gets LWOP or the DP, but where would she be in between?)
 
Itsy said:
Oh, I didn't mean that she'd be allowed out at all, lol (that's what I get for posting at 1:30am - didn't make myself clear). What I meant to ask was would she go to prison, or stay in the "special" jail she's in now if she were convicted & they appeal. (and I know the appeal is pretty much done deal whether she gets LWOP or the DP, but where would she be in between?)
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I am going to say she goes to prison where the rules are CONSIDERABLY different. A whole new lifestyle. It will not be fun at all.
 
denjet said:
Getting back to the DC investigative interview ... If in fact the state is not going to file it or possibly use any of it at trial, could it be they are "saving" it to be used for a future prosecution? say of the Anthonys? or a bar complaint against Jose? or both?
I was just wondering if they can get what they want from Hoover as far as DC searching on Suburban and use what they learned from DC's testimony for future prosecution after the trial ...
It just seems really wierd not seeing anything to do with DC in any filings by the state or Jose except for emails ... :waitasec:

TIA
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Yes, if DC said anything that incriminated anyone else, the SA could definitely be holding on to that information for later use. HOWEVER, if they ordered a transcript, they would still have to disclose it to the defense as a statement of a witness on their witness list, EVEN IF it were relevant to some future prosecution for which the investigation is ongoing, unless they got a court order excluding the transcript from discovery (which we would know about). If I were the SA and DC said something relevant to a potential future prosecution but not terribly helpful for Casey's trial, I would not order a transcript until after Casey's trial was over, to avoid this problem.

Itsy said:
Oh, I didn't mean that she'd be allowed out at all, lol (that's what I get for posting at 1:30am - didn't make myself clear). What I meant to ask was would she go to prison, or stay in the "special" jail she's in now if she were convicted & they appeal. (and I know the appeal is pretty much done deal whether she gets LWOP or the DP, but where would she be in between?)
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I would think she would go to prison upon conviction. The Florida rules make provisions for release pending appeal in appropriate cases, but I see nothing in there about being held in jail instead of prison.
 
Can Judge Perry issue a gag order for all witnesses (and lawyers) during the trial? I know that he is issuing a gag order for Jury Selection, but I want to know if he can make it so the Anthony's can not be on television every night after court is in recess? I don't think the Anthony's should be able to talk about the case during trial? So does Judge Perry have the authority to do that?
 
LolaMoon08 said:
Can Judge Perry issue a gag order for all witnesses (and lawyers) during the trial? I know that he is issuing a gag order for Jury Selection, but I want to know if he can make it so the Anthony's can not be on television every night after court is in recess? I don't think the Anthony's should be able to talk about the case during trial? So does Judge Perry have the authority to do that?
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This was done in the Matt Baker case in Texas. (BTW- that trial streamed live and the gag order kept it focused, IMHO) I sure hope it will and can be done in Florida with those sunshine laws!
I agree - they need to gag witnesses and lawyers both during trial.

(edit: Not answering the question - just adding to the great question and hope AZ or one of our verified attorneys will say yes!)
 
LolaMoon08 said:
Can Judge Perry issue a gag order for all witnesses (and lawyers) during the trial? I know that he is issuing a gag order for Jury Selection, but I want to know if he can make it so the Anthony's can not be on television every night after court is in recess? I don't think the Anthony's should be able to talk about the case during trial? So does Judge Perry have the authority to do that?
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Yes, he could do that, but probably won't unless someone asks.
 
AZlawyer said:
Yes, he could do that, but probably won't unless someone asks.
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If you were JA and LDB would you ask that all witnesses be gagged during the trial? Do you think, in a case like this, that a gag order during trial would make sure things run smoother?
 
LolaMoon08 said:
If you were JA and LDB would you ask that all witnesses be gagged during the trial? Do you think, in a case like this, that a gag order during trial would make sure things run smoother?
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Since the jury will be sequestered, I'm not sure I would care very much. But I'm a big free speech person. :)
 
Skipping ahead to post trial (and conviction). If KC gets someone willing to appeal on the basis of ineffective counsel, would that term cover the whole defense team? Can one attorney (Baez) be singled out or does the whole defense team come under fire in that kind of appeal?
 
Macushla said:
Skipping ahead to post trial (and conviction). If KC gets someone willing to appeal on the basis of ineffective counsel, would that term cover the whole defense team? Can one attorney (Baez) be singled out or does the whole defense team come under fire in that kind of appeal?
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Even if one person is alleged to have been the main "ineffective counsel," the others are accused of ineffectiveness in not doing something about it. :banghead:
 
As much as I am askeered to even type this out, here goes -

Suppose the defense never turns over the expert discovery as ordered and HHJP is pretty much forced (per the FRCP) to exclude them...

Would Casey have a decent appellate issue then for ineffective counsel? (on the grounds that her attorneys refused to comply with a court order)
 
'Beach said:
As much as I am askeered to even type this out, here goes -

Suppose the defense never turns over the expert discovery as ordered and HHJP is pretty much forced (per the FRCP) to exclude them...

Would Casey have a decent appellate issue then for ineffective counsel? (on the grounds that her attorneys refused to comply with a court order)
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Yes. But HHJP would not be forced to exclude the experts. He could impose stricter sanctions and even delay the trial if necessary to make sure that the state got the information it needs.
 
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