2010.12.21 Stream of Motions - General Discussion

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Macushla said:
I just did a quick count and since 12/21 the defense has filed 19 motions (I may have missed one or two).

I am wondering if the next motion will be:

Motion in Limine to exclude any and all mention of the fact that Caylee was missing for 31 days before being reported missing by her grandmother. I am sure he is going to state that the 31 days is 'utterly irrelevant to the case at hand' and that 'any alleged probative value of the mention of the 31 days is substantially outweighed by by it's potential prejudicial effect on the jury'

If in the world accoding to JB, all these motions were granted - would there be anything left to argue at the trial?
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bbm
In JB's world there shouldn't even be a trial!
This is very upsetting, how can he be brazen enough to even think so much crucial evidence can be excluded? Is this normal pretrial behavior?
 
Macushla said:
I just did a quick count and since 12/21 the defense has filed 19 motions (I may have missed one or two).

I am wondering if the next motion will be:

Motion in Limine to exclude any and all mention of the fact that Caylee was missing for 31 days before being reported missing by her grandmother. I am sure he is going to state that the 31 days is 'utterly irrelevant to the case at hand' and that 'any alleged probative value of the mention of the 31 days is substantially outweighed by by it's potential prejudicial effect on the jury'

If in the world accoding to JB, all these motions were granted - would there be anything left to argue at the trial?
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That appears to be Jose's strategy, his ONLY strategy ... get ALL of the evidence tossed ...

(But don't give him any ideas about the "31 days" ... :shush:)
 
whiteangora said:
bbm
In JB's world there shouldn't even be a trial!
This is very upsetting, how can he be brazen enough to even think so much crucial evidence can be excluded? Is this normal pretrial behavior?
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Yes, and thank god he's doing this. It reduces the chance of an ineffective assistance of counsel argument down the road.
 
denjet said:
That appears to be Jose's strategy, his ONLY strategy ... get ALL of the evidence tossed ...

(But don't give him any ideas about the "31 days" ... :shush:)
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Heck, I'd like to hear a better strategy considering what the defense team has to work with. ;)
 
AZlawyer said:
Yes, and thank god he's doing this. It reduces the chance of an ineffective assistance of counsel argument down the road.
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Thanks AZ, it was pretty shocking for me when I read that last loooong list of motions......hopefully he will be shot down (not literally) on the majority of them.
 
Macushla said:
I wonder how many of these motions can be ruled on without a hearing? I would imagine the State would not argue against the Jib Jab video - it is just too minor to worry about. That is just about the only one that I think could go away without affecting the state's case. Maybe the knife too, but that is just a maybe. There are a few I think the Judge will grant, but don't know if he would do it without a hearing. I doubt all of them will be heard Monday because the State will have to have time to put their thoughts together to argue against granting them. While I think LDB and JA are both heroic in all that they do, even they would need super powers to get all this done by Monday afternoon. I would imagine the first six will be heard, along with JA's motion for sanctions, and maybe the JAC filing would come up. I would think HHJP will have seen the rest of the motions and set a hearing date for them.

I am still not sure a lot of these motions will even be heard. I agree with the posters who say that some of them were filed past the deadline of Nov. 30th, but that JB will claim he thought he had until the 31st to file. I find it very interesting that there is no Kronk motion in this group. I guess he realized he could not get away with filing that one late since HHJP called him on it in open court.
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The timing of all these motions are suspect. The SA are busy trying to depose the defenses expert witnesses. It's almost like they saved everything to throw at the SA at the last minute.
Pretty lame defense tactic, and to me it shows that they have an extremely weak case.
 
nums24 said:
I thought it might be a copy and paste from their prior motion to have it sealed.
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I think that is exactly what happened. The paralegal/atty just pulled up the old motion and failed to edit. omg...just ONCE ...just one.time. I would love to see a motion filed with no glaring errors and include ALL appropriate parties on the certificate of service. It makes me crazy because it just ain't THAT hard to get it right. If I had to draft motions for a case where I knew my work would appear on media sites for public viewing within hours of filing, I can guarantee you I would be beyond anal about proofing it.

I have decided that his whole staff is of the same caliber as DC and Hoover. A win-win for Caylee.
 
Not sure it was a copy paste from a previous motion to seal. The motion to seal has
JUDGE: STAN STRICKLAND (ALL CAPS)
This new one has:
Hon. Stan Strickland

Could Finnell have done this?
 
Macushla said:
I wonder how many of these motions can be ruled on without a hearing? I would imagine the State would not argue against the Jib Jab video - it is just too minor to worry about. That is just about the only one that I think could go away without affecting the state's case. Maybe the knife too, but that is just a maybe. There are a few I think the Judge will grant, but don't know if he would do it without a hearing. I doubt all of them will be heard Monday because the State will have to have time to put their thoughts together to argue against granting them. While I think LDB and JA are both heroic in all that they do, even they would need super powers to get all this done by Monday afternoon. I would imagine the first six will be heard, along with JA's motion for sanctions, and maybe the JAC filing would come up. I would think HHJP will have seen the rest of the motions and set a hearing date for them.

I am still not sure a lot of these motions will even be heard. I agree with the posters who say that some of them were filed past the deadline of Nov. 30th, but that JB will claim he thought he had until the 31st to file. I find it very interesting that there is no Kronk motion in this group. I guess he realized he could not get away with filing that one late since HHJP called him on it in open court.
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Also, I think the state has already argued against some of the nonsense ones like MySpace and Hearsay ones and stuff the Anthonys have said ... they may be prepared to respond to most of them ... at least the less critical ones
And yes, no sign of any Kronk one ... YAY ... that's a good sign
But the best outcome of all would be for Judge Perry to say "Mr Baez, you've known the schedule since (such and such), you've been reminded and warned of the deadlines and have not adhered to them ... your motions are denied WITH prejudice" ... NEXT

I'm hoping that the forensic/scientific ones get set for another date and the rest .. oh well, too bad
 
12/30/2010 Motion In Limine Preclude the use in any Fashion Whatsoever of a Certain "Jib Jab" Cartoon

Can someone please explain to me, seriously, why the defense would file this motion??? Why would they even THINK the State would use something so lame and pathetic as "evidence" in a capital murder trial??

I seriously do not understand this one..... :waitasec:

TIA!
 
Snaz said:
12/30/2010 Motion In Limine Preclude the use in any Fashion Whatsoever of a Certain "Jib Jab" Cartoon

Can someone please explain to me, seriously, why the defense would file this motion??? Why would they even THINK the State would use something so lame and pathetic as "evidence" in a capital murder trial??

I seriously do not understand this one..... :waitasec:

TIA!
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That one totally baffles me. CRAZY!
 
Snaz said:
12/30/2010 Motion In Limine Preclude the use in any Fashion Whatsoever of a Certain "Jib Jab" Cartoon

Can someone please explain to me, seriously, why the defense would file this motion??? Why would they even THINK the State would use something so lame and pathetic as "evidence" in a capital murder trial??

I seriously do not understand this one..... :waitasec:

TIA!
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Your not alone ... what on earth it has to do with anything is beyond me
I'm pretty sure I haven't seen it listed in discovery either ... so maybe it's just Jose who's panties are in a twist over it (meaning it probably has nothing to do with KC and more with the way HE was depicted) ...
I'm reminded of the stink he made over his myspace photo that showed up on ************'s site (after being photoshopped) ... his priorities are sure screwed up ... :boohoo:
 
Aedrys said:
Yeah, I can see that: Motion to exclude EVERYTHING.

That's literally what it would have to be titled. And there's no way he'd win it either.
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Holy Moly! I go shopping today and come back to find out that JB has added a whole slew of new motions! He really should have just made one motion asking that everything that would implicate his client be excluded from the trial.

With that list of motions, Monday's hearing won't be completed until Wednesday!
 
I think Baez is flinging as much spaghetti as he can to see what he can get to stick.
 
watergirl said:
BBM
OMG woman, are you psychic? Your timing was awesome. Just sayin...
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Not psychic...............just thought long and hard of what JB has fought to keep sealed and not made public through the Sunshine Law. :)
 
Snaz said:
12/30/2010 Motion In Limine Preclude the use in any Fashion Whatsoever of a Certain "Jib Jab" Cartoon

Can someone please explain to me, seriously, why the defense would file this motion??? Why would they even THINK the State would use something so lame and pathetic as "evidence" in a capital murder trial??

I seriously do not understand this one..... :waitasec:

TIA!
Click to expand...

I'm with you Snaz (and 'Beach and denjet and everyone)--WTH were they thinking??? :giggle: It has to be ego. Baez didn't like the headshot they used of him. Can you imagine if the lawyers' revolving door hadn't turned so fast--the DT could well have ended up prepping a "Motion to Preclude a Certain Butt-Nekkid Lawyer's Joyous Beach Romp YouTube" from the proceedings!

Then again, the JibJab video was included in the Dec. 17 prosecution doc dump... As mentioned in this article... so maybe we should just be happy that AF--er, Baez--is finally being thorough!

JibJab guys, if you read here, please can we have one new KC vid per month from now til May? Pretty please? :silly:
 
nums24 said:
Murder Docket Updated:

12/30/2010 Motion In Limine State of Florida

12/30/2010 Motion to Exclude Unreliable Evidence Pursuant to FRYE, Or in the Alternative, Motion in Limine to Exclude (Chloroform)

12/30/2010 Motion In Limine to Prohibit the Use, in any Fashion, of a Posting on the Internet Myspace References Attributable to Cindy Anthony, The Mother of the Defendant

12/30/2010 Motion In Limine to Prohibit the use, in any Fashion, of Internet Myspace References Attributable to the Defendant as "Diary of Days"

12/30/2010 Motion In Limine Preclude the use in any Fashion Whatsoever of a Certain "Jib Jab" Cartoon

12/30/2010 Motion to Restrict in Court Photography/Videoing

12/30/2010 Notice of Hearing

12/30/2010 Motion to Exclude Unreliable Evidence

12/30/2010 Motion to Suppress Statements Made to George, Cindy Lee Anthony, Maya Derkovic, Robyn Adams, and Sylvia Hernandez

12/30/2010 Defendant's Motion in Limine to Exclude all Evidence Relating to Canine Searches and Alerts

12/30/2010 Motion and Memorandum of Law in Support of Defendant's Motion to Exclude Irrelevant Evidence of Stain in Trunk of Car

12/30/2010 Memorandum of Law in Support of Defendant's Motion to Exclude Irreelevant Evidence of Tattoo

12/30/2010 Defense Motion to Exclude Irrelevant Evidence of Tattoo

12/30/2010 Motion to Exclude Unreliable Evidence
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Thanks Nums...............there's so many new motions filed today, we need this list to remember them all!
 
logicalgirl said:
AAACCCCKKKKK! :banghead::banghead::doh::panic::
:anguish::phone::pullhair:
:cursing::cursing::cursing:

Why oh why do I have to work right now. I keep dipping back in and :fireworks: are happening while I am busy doing :pcguru: while you are having fun doing :snowball:at Baez's motions.

What every happened to damned life work balance!!! Oh well, :nevermind: I've only got an hour to go if I just quit moaning and get on with it.:eek:kay: and I"ll be back shortly. :skip:
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Ya know...these motions did make me happy. The defense has no other choice than to go this route. Death is different...and they got nothing. No truth to be revealed when all is said and done. Casey really did murder Caylee.
 
In AZ, before we file a motion in limine, we are required to call the opposing counsel and say, "Hey, I'm planning to file a motion to exclude this evidence, if you're planning to use it. Are you planning to use it? Yes? OK, well, here's my argument on why it should be excluded. What do you think? Not convinced? OK, I'll file my motion." Then we have to certify to the judge that we actually had that conversation before filing the motion.

Now I know why we do that. :)
 
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