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[ame="http://www.websleuths.com/forums/showthread.php?t=78539"]Astrology-CASEY and CAYLEE TimeStamped Media,Doc Links*NO DISCUSSIONS*#1 - Websleuths Crime Sleuthing Community[/ame]
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[ame="http://www.websleuths.com/forums/showthread.php?t=78539"]Astrology-CASEY and CAYLEE TimeStamped Media,Doc Links*NO DISCUSSIONS*#1 - Websleuths Crime Sleuthing Community[/ame]
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State: Casey Dismissal Motion 'Flawed'
Prosecution Asks Judge To Throw Out Motion
POSTED: Monday, October 5, 2009
UPDATED: 4:29 pm EDT October 5, 2009
<snipped>
Saying the defense's motion to dismiss was “legally flawed” and “inartfully” crafted, assistant state attorney Linda Drane Burdick asked the judge to strike the motion – meaning it should not be considered because it violated Florida Rules of Criminal Procedure.
“The flaws in Miss Anthony’s motion are glaring and fatal,” Drane Burdick wrote, saying Anthony herself would need to swear under oath to whatever facts she claims prove she is being illegally prosecuted.
“The court cannot even begin to consider the motion because Miss Anthony has alleged no facts and had not sworn to any material facts,” the prosecutor claimed.
The defense motion did not include a sworn statement from Anthony.
“If and when Miss Anthony decides to swear to any or all material facts, the State of Florida will issue the response required,” the state said.
The state’s motion to strike goes on to say that even if its evidence is “all circumstantial,” the judge must wait until the close of all evidence at trial before ruling whether the charge should be dismissed.
VIDEO: State Says Motion 'Flawed'
http://www.clickorlando.com/video/21210525/index.html
MOTION: Dismiss
http://www.clickorlando.com/download/2009/0930/21163681.pdf
MOTION: Death Penalty
http://www.clickorlando.com/download/2009/0930/21164317.pdf
Article:
http://www.clickorlando.com/news/21208224/detail.html