Legal Questions for Our VERIFIED Lawyers #1

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As they are already her counsel couldn't they agree to stay on and be paid public defender fees?

No. Mr. Robert Wesley is the elected Public Defender for the 9th Judicial Circuit that includes Orange County, Florida. His office receives public funds to operate. His office also hires other attorneys as employees to work on the staff as his deputies or assistants.

AL and JB are not part of that staff or any conflict system so they may not receive any public funds to perform legal services for Casey.

"Due process" funds would be for things like funding an expert witness, not for the cost of private counsel.
 
If an attorney wants to get out of a case, they have to have their client's approval and if they have made an appearance or have otherwise become an attorney of record, the court's approval. The court and the prosecution need to know at all times whether a defendant is being represented by counsel or is "in pro per" representing themselves. Generally, new counsel would have to substitute into the case. A court is unlikely to approve a release of counsel for a criminal defendant when there is no qualified counsel to sub into the case. Even though a defendant may have a "right" to represent themselves, it would have to be an extreme case to let the counsel who have appeared and are death penalty qualified be released. In past cases, courts have ordered previous counsel to remain in the case to advise the defendant.

Generally, nonpayment of fees alone is not a good reason to support release in a case as serious as this. It would also have to be causing extreme and severe hardship on the attorney and their dependents. Most criminal defense attorneys "get the money up front."

At any time during a case (theoretically) Casey can apply for the services of the Public Defender's Office by submitting an application and a declaration of indigency. She has to provide all the proof that she is indigent. Casey's parents' resources probably will not be considered as available to her because she is an adult. If she waits until she is on the eve of trial, in trial or during the sentencing phase, the court is even more unlikely to disrupt a trial schedule to swap out counsel.

Generally, if she is going to go with the Public Defender's Office, she had better do it quickly or her attorneys are going to be locked in for the long haul.

That is my best estimate based on experience, not a clairvoyant prediction.
 
I guess this is kind of a "snarky" question....but what qualifications would an attorney need to become a prime time news legal analysist? I just saw JB on GR giving his legal opinions on the Haleigh Cummings case, among others.
A law degree and a media contract. Those shows are purely for entertainment.
 
If you hear your client perjuring him or herself on the witness stand when the opposing attorney is asking questions, you have the following unsavory choices:

(1) Leap up and request a recess to confer with your client (at which point you yell at them in the hallway and tell them to tell the truth);
(2) If that is denied, or your session in the hallway is unsuccessful, leap up and made a motion to withdraw from the case immediately, indicating to the court that you can't say why;
(3) If THAT is denied, you cannot ask the client any questions about the subject matter addressed by the perjury on redirect.

Unfortunately, this makes it really obvious what the lie is.

You only have to do this if you are *sure* your client is lying. The ethical rules do permit a lawyer to resolve all doubts in favor of one's own client.
The only thing you forgot is that you cannot use or refer to any part of the lie in argument.
 
Under what set of circumstances could members of the defense team respectfully resign the case? Some have said the judge will not let them off the case and they will have to see it through. If Andrea and Jose have irreconcilable differences , for example, could one or both of them resign their post?
 
Under what set of circumstances could members of the defense team respectfully resign the case? Some have said the judge will not let them off the case and they will have to see it through. If Andrea and Jose have irreconcilable differences , for example, could one or both of them resign their post?

It's a lot easier for ONE attorney from a team to leave, as long as one or more is staying on the case.

But it might be tougher for AL to be let off the case the closer to trial we get, as she is the only one on the team who is qualified to try a DP case.
 
Is the definition of "child abuse" per Florida law simple enough to post here?
 
Child Abuse has three basic elements:

1. Intentionally striking or intentionally causing bodily harm;
2. To a child under the age of 18;
3. By a caregiver.

So... in this case, it's all about "intentionally"... that is to say, whether a caregiver/mother has perhaps UNintentionally struck or caused bodily harm to a child under age 18.

But then whither the duct tape?

And why didn't KC take a plea way way way back?
 
My question is: What happens if Casey's defense team dissolves, resigns, leaves for whatever reason - Will everything sort of 'start over'? Would she get a public defender? It seems like there would be preventative measures to prevent a person from indefinitely postponing trials because of representation issues...
 
Child Abuse has three basic elements:

1. Intentionally striking or intentionally causing bodily harm;
2. To a child under the age of 18;
3. By a caregiver.

thank you thank you thank you!

I have missed you so much. I've checked your site several times but woe is me you haven't written there either!

anyway it is great to see you here.
 
..in the scott peterson case---geragos also ran out of money--yet saw the case through ( due to state funding i believe?)

..could the same apply here----baez and co. HAVE to stay on, declare kc indigent---apply for and accept whatever the state of florida will pay them ?
 
Tonight on the Levi Show, LP was asked about the private meeting with the judge and what it was about. LP said that he believes that it is because RK's girlfriend overheard a conversation at the jail between Casey and JB about where Caylee's remains were and that off that he went and found Caylee. He stated that if this is the case and Caylee's remains were found "illegally" (I know sounds weird) that all evidence found from the scene could not be used. He beleives that the SA has information that Kronk found Caylee per his girlfriend listening in on a confidential conversation, and now the SA needs to know what to do.
I don't know if its true, but IFits true, can they really not use the evidence from the remains scene? Including the autopsy report, because she was found through information that was privileged and over heard?
 
Tonight on the Levi Show, LP was asked about the private meeting with the judge and what it was about. LP said that he believes that it is because RK's girlfriend overheard a conversation at the jail between Casey and JB about where Caylee's remains were and that off that he went and found Caylee. He stated that if this is the case and Caylee's remains were found "illegally" (I know sounds weird) that all evidence found from the scene could not be used. He beleives that the SA has information that Kronk found Caylee per his girlfriend listening in on a confidential conversation, and now the SA needs to know what to do.
I don't know if its true, but IFits true, can they really not use the evidence from the remains scene? Including the autopsy report, because she was found through information that was privileged and over heard?

Yes, but I wouldn't assume that's true just because LP said it. ;)
 
I thought the whole "RK's girlfriend worked at the jail" theory had been long ago debunked!
 
Yes, but I wouldn't assume that's true just because LP said it. ;)
I think there is something to what LP is saying. RK and the Daisy chain rumor were the first things that popped into my head when I heard that the prosecutors wanted to meet with the judge privately. I posted that opinion too...
All I can think of is if RK found out where Caylee was because he knew someone that eavesdropped on a confidential meeting between KC and an agent of her lawyer (or her lawyer). snipped...Last edited by Jolynna; 02-03-2010 at 10:17 PM.http://www.websleuths.com/forums/showpost.php?p=4768744&postcount=33


AZlawyer or RHornsby or themis,

If true, would that mean that the evidence found on Suburban, including Caylee's body and the duct tape, could be thrown out?
 
Tonight on the Levi Show, LP was asked about the private meeting with the judge and what it was about. LP said that he believes that it is because RK's girlfriend overheard a conversation at the jail between Casey and JB about where Caylee's remains were and that off that he went and found Caylee. He stated that if this is the case and Caylee's remains were found "illegally" (I know sounds weird) that all evidence found from the scene could not be used. He beleives that the SA has information that Kronk found Caylee per his girlfriend listening in on a confidential conversation, and now the SA needs to know what to do.
I don't know if its true, but IFits true, can they really not use the evidence from the remains scene? Including the autopsy report, because she was found through information that was privileged and over heard?

JB seems to think that ANY conversation he has with his client is automatically confidential. We know that by his statements in reference to the Tapes of him and her possibility talking in the hall. After the body was found.

IF a conversation was over heard in the Jail, and evidence was found from what was heard. Would the evidence still be considered "illegally" gained? If said conversation was in the hall, etc..

Say there is a GF, whom did not stand watch over the private meetings. Such a person would not have the opportunity to overhear anything they should not. The GF's fear might not be that they overheard and repeating is "illegally". But that it might be against their employment and grounds for termination. That too might set off the 'hush~ hush" of guilt of wrong doing. Is this possible?? (Not saying it is, just the rules, i Orange county.)
 
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