Legal Questions for Our VERIFIED Lawyers #1

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AZlawyer said:
Well, I'm not sure what the legal question is exactly lol. The FBI is not required to take orders from the State re: getting written reports done. If the State has the results of certain tests verbally, they have disclosed that information by listing the people who will present that information at trial as witnesses. I don't think there's any provision in Florida for them to disclose a script of what the witnesses intend to say.

I am not getting the impression that the State is hoarding evidence and making the defense ask for it. There would not be much point in doing that, because (1) if the evidence is helpful to KC, the State would be in a lot of trouble if it didn't turn it over, and (2) if the evidence is helpful to the State, the State cannot use it in trial if it doesn't disclose the evidence in time for the defense to address it.
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Hi AZL...so by the answer you gave, that I bolded above, are you saying that the state is under no further obligation to get the test results in writing from the FBI to give to the defense?...are you saying that just by listing each FBI witness on their witness list (ie. the state's list), that it is entirely up to the defense to contact the FBI witnesses themselves and do depos for the evidence? In otherwords, has the state done all they have to do just by listing the FBI witnesses on their list?

Sorry to be so wordy...I have trouble explaining my questions succinctly. :blushing:
 
Nore said:
Hello, is there anything the State of Florida can do to "light a fire under the defense? They say they are not ready but have time to whine on TV. about kc. being innocent,they should put up or shut up.
Thank you so much.
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ZsaZsa said:
Baez started his comments yesterday by complaining that KC was treated differently and in considering the fraud charges he asked the Judge to treat her the same as any other felon in that area would be.
Since this is important to him, I wonder what is the average time that a Murder trial takes to prepare- it seems to me we have seen people charged, tried and convicted during this year and a half and he is still no closer to being ready to defend KC. He wants extra time for her, isn't that treating her differently?
Who has the final say as to when this case goes to trial? Is there a time limit he cannot exceed?
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The judge can and probably will set some deadlines very soon.
 
Kentjbkent said:
I have the following questions concerning filed motions (generally):

1. Once a motion is filed, how long does the opposing side have to respond, or do they even have to respond?

2. Once a response to a motion is filed, is there a specific timeframe wherein a hearing must be scheduled or judge files decision?

3. If a motion is denied, can it be refiled at a later date for reconsideration?

Seems like there are motions in this case that have just been "hanging there" for a while (or is my impatience showing again?)
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I don't know the Florida rules of procedure. Normally, you would either have a certain number of days to respond to a motion, or else you would have a certain number of days before the hearing to file a response. The hearing might be scheduled either by the filing party or by the judge. And yes, you can usually ask for reconsideration.

The specific rules might differ from county to county, and even between separate divisions of the same court (e.g., probate court vs. civil court).
 
mitzi said:
Hi AZL...so by the answer you gave, that I bolded above, are you saying that the state is under no further obligation to get the test results in writing from the FBI to give to the defense?...are you saying that just by listing each FBI witness on their witness list (ie. the state's list), that it is entirely up to the defense to contact the FBI witnesses themselves and do depos for the evidence? In otherwords, has the state done all they have to do just by listing the FBI witnesses on their list?

Sorry to be so wordy...I have trouble explaining my questions succinctly. :blushing:
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Yes, the FBI is under no obligation to summarize its findings in writing, and the State is under no obligation to pressure them to do so. But if the FBI does create a report and sends it to the State, the State has to disclose it to the defense without waiting to be asked.
 
Have any of the lawyers here ever run into a lawyer like Jose Baez or is he just one of a kind ?
 
Hi AZLawyer - my question got lost in the last bunch a while back but I really really want to know.

When Casey went through her check fraud plea/sentencing, she didn't have to actually say the word guilty, or physically "speak" her crimes. Her lawyer did it for her.

If it ever comes to her taking a plea in the murder trial, does Casey herself actually have stand before the judge and outline what she did to Caylee, how she killed her etc., or does her lawyer do that for her and she simply admits to the statements he reads by saying yes.

Thanks.
 
logicalgirl said:
Hi AZLawyer - my question got lost in the last bunch a while back but I really really want to know.

When Casey went through her check fraud plea/sentencing, she didn't have to actually say the word guilty, or physically "speak" her crimes. Her lawyer did it for her.

If it ever comes to her taking a plea in the murder trial, does Casey herself actually have stand before the judge and outline what she did to Caylee, how she killed her etc., or does her lawyer do that for her and she simply admits to the statements he reads by saying yes.

Thanks.
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I don't practice in Florida, and only due criminal work at the appellate level, but I have always heard it phrased that the defendant has the "right" to explain what happened (in hopes of a better sentence)--not that the defendant is required to do so.
 
AZlawyer said:
I guess I'll just say I wish the judge had asked her to speak before making his decision, and leave it at that. ;)
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When JB advised SS that KC wanted to address the court, SS said he had overlooked that, turned to the defense and asked if the victim wanted to address the court, was advised no Amy wasn't there and then he turned back to JB and advised him KC could speak.

Tks for all you do AZlawyer! I asked a convoluted question a few pages back about the limits of patient confidentiality and no legal type answered and I can`t blame you. I think I may have found answer or excuse for an RN to breach confidentiality and that would be if the RN had reasonable concern the patient was sincere and the information they divulged posed a risk to themselves or others. I couldn`t call LE in the setting I described in the original question, but I would have a responsibility to advise the Warden I think.

Thank God for malpractice insurance!!
 
Saw this in the news updates...

Murder Case Docket Updated!

Events & Orders of the Court
01/25/2010---Hearing---(1:30 PM)-(Judicial Officer Adams, John H, SR)---Def Motion to Modify Courts Order on Defendants Application for Sub

What the heck does this mean?
 
RR0004 said:
Saw this in the news updates...

Murder Case Docket Updated!

Events & Orders of the Court
01/25/2010---Hearing---(1:30 PM)-(Judicial Officer Adams, John H, SR)---Def Motion to Modify Courts Order on Defendants Application for Sub

What the heck does this mean?
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I think that was a defense motion regarding the Texas Equusearch subpoena. IIRC, the motion was supposed to be heard on Monday, but the hearing was continued based on a request by TES's lawyer.
 
AZlawyer said:
I think that was a defense motion regarding the Texas Equusearch subpoena. IIRC, the motion was supposed to be heard on Monday, but the hearing was continued based on a request by TES's lawyer.
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Thanks, AZ! You're a peach!
 
mikeysmommom said:
Have any of the lawyers here ever run into a lawyer like Jose Baez or is he just one of a kind ?
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------------------------------
Hi Mikeysmommom, please forgive me.I am not reffering to the post,just the idea.

:floorlaugh:
 
I have a legal question. If the defense is dumb enough to take this into court and then they lose badly, could Casey come back later on appeal and complain that her attorneys should have pleaded her out? Like they forced her to go trial instead of accepting a plea? I can so see her not wanting to plead then turning around and saying that her counsel was ineffective because the defense didn't make her plead, which would have been in her best interest. I don't know if she would actually be that smart, but it's been nagging at me, especially since I think the defense keeps her deluded into believing she will walk away from this.

Of course, I think she will plead in the end, but I had to ask this question anyway.
 
sorry to be a pill but please do not respond to legal questions if you are not a verified lawyer. I got a lot of complaints when we had a handful of posters doing that, so I have to be hard nosed about it. thanks
 
JBean said:
sorry to be a pill but please do not respond to legal questions if you are not a verified lawyer. I get a lot of complaints when we had a handful of posters doing that, so I have to be hard nosed about it. thanks
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JBean, if you are a "pill" then they should prescribe you for all WS visitors. I would say "internet social moderating ninja" FWIW.

:blowkiss: for all you do.
 
Aedrys said:
I have a legal question. If the defense is dumb enough to take this into court and then they lose badly, could Casey come back later on appeal and complain that her attorneys should have pleaded her out? Like they forced her to go trial instead of accepting a plea? I can so see her not wanting to plead then turning around and saying that her counsel was ineffective because the defense didn't make her plead, which would have been in her best interest. I don't know if she would actually be that smart, but it's been nagging at me, especially since I think the defense keeps her deluded into believing she will walk away from this.

Of course, I think she will plead in the end, but I had to ask this question anyway.
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It would be pretty dangerous to try to talk a client facing the death penalty OUT of making a plea if one was available and the client wanted to go for it. I don't think even JB would risk it.
 
Aedrys said:
I have a legal question. If the defense is dumb enough to take this into court and then they lose badly, could Casey come back later on appeal and complain that her attorneys should have pleaded her out? Like they forced her to go trial instead of accepting a plea? I can so see her not wanting to plead then turning around and saying that her counsel was ineffective because the defense didn't make her plead, which would have been in her best interest. I don't know if she would actually be that smart, but it's been nagging at me, especially since I think the defense keeps her deluded into believing she will walk away from this.

Of course, I think she will plead in the end, but I had to ask this question anyway.
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To add a question of my own to Aedrys question: If KC's attorneys wanted to have her take a plea, and she refused, would they have some sort of paper signed by her to show that she refused their advice?
 
JBean said:
sorry to be a pill but please do not respond to legal questions if you are not a verified lawyer. I got a lot of complaints when we had a handful of posters doing that, so I have to be hard nosed about it. thanks
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I was unaware I was required to verify myself as an attorney in order to participate and contribute. That is the second post I have had deleted on this thread.
 
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