2011.05.13 - Jury Selection DAY FIVE Afternoon Session

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Now we all know that the SA can not have jurors smell the car. I know we all were curious about that.
 
HHJP regarding opening of the smelly cans: Kayldis vs. State of Texas
basically justifys what HHJP said yesterday about not allowing them to come in.

Then in another case .... GGGRRRR wftv interrupted with a commercial....GRRRR
 
Smith vs State (Texas?) talks about not letting jurors become witnesses of smell. State vs Chamberlain (New Mexico) also mentioned. Something about a fold-3 analysis?
 
Confused about the judge's "mercy" ruling..anyone want to interpret? TIA
 
AF can ask mercy question but if PJ won't use it as mitigating factor can't use it as challenge for cause

HHJP re: opening cans up and asking jurors to smell them (case in appeals) Kaldis vs. State of Tx - not admissable (jurors become witnesses and can't be cross examined) but HHJP also brings up NM case state vs. Chamberlain which goes into what state argued yesterday - that is where HHJP research is headed and TV leads nation in certain things
 
Chiquita71 said:
Side bar with all attorneys. Casey is sitting with the new mitigation specialist, who has her hand on her back.
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Ick. has the media caught on yet about Bolin and her history? So freaky.

mydailyopinions said:
I understand her curiosity.

When a case grabs my attention I head to websleuths to fulfill my curiosity..jury duty would fill her curiosity.

I personally don't think anything is off, she's just now very curious. And if she is dismissed, I give her 1 week to be as updated on this case as we all are.
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I like her. I have a good feeling. She seems like she will carefully and fairly consider the facts and then vote guilty of first degree murder.

BTW, I believe, but can't be sure, that after all of the jurors have been gone through, in this stage, they then recall them and one by one, the sides decide to use the peremptories or not and when the seats fill up, they are done.

So, how many more do we need to go through in this stage, anyone know? Wasn't it a total of about 67 or so?
 
HHJP: There is a case called nowell a supreme court case, I have misplaced that you can't get a jury instruction on mercy.

One: a jury is not entitled to be stricken for cause because they can't consider mercy. Two: ? Three: you cannot get a jury instruction on mercy.

So, both of you are right to an extent. but reading these cases together, this is the courts ruling. She can ask the question she can get a consideration and if they say no it cannot be used as a reason for cause.

Last but not least before we bring the next juror in, before the close of business. Opening cans and smelling them. There is a case in Texas court of appeals. 1996 decision. Kaldis vs. State of Texas. That case stands for the prop citing smith vs state, which talks about the same things I talked about my concerns and said it is not admissable. From Supreme court of New Mexico State vs. ? (sorry) 1991 decision which goes into some of the things that the state briefly argued yesterday. One of the things to look at is a full three analysis. That is where the research is headed and wanted to make you aware of the decision. Texas leads the nation in certain things. If this is Texas position the jurors become witnesses then...handling evidence and...this is not to invoke discussion but to give you points for research.

JA: speaking.
 
Woo hoo, go us in Texas. Bring her here!! We ain't sharing out death serum with anyone. Not even states who run low!! ;)
 
SailorMoon said:
Now this is where I draw the line. No one should be able to touch her or rub on her. I remember -- back in the day -- while I was home on maternity leave watching the Menendez brothers trial on court tv and I remember Leslie Abramson getting in trouble or talked to or about because she was always doing the same thing. (((gee, back in the day when they covered the whole trial)))
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ITA but it's been going on since the hearings began and nobody ever said anything except us!
:maddening:
 
JA: Citing case law. Unpublished...2003 wl...(mr ashton is not near his mic or it is not on)
 
I personally want the can smell in, so I hope JA found some good cases.
 
Someone get that Lexis case? I'm working on document production now so I can't pull it for you guys but if someone gets it I'll pull it later after I get my production out.
 
Kimster said:
She's still in and the mug shot guy is out - I think JB had to strike him.

I'm in and out so don't quote me on that's how it went down, but I think it is.
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I've been in and out too (elderly neighbor fell and broke her ankle), but it looks like there's 7 that will come back for round 3 tomorrow, and one that was struck.
 
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