2010.12.21 Stream of Motions - General Discussion

[nums24]

Originally Posted by AZlawyer

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.

I found this, is it the same in AZ?


This is the Ninth Circuit's definition of Motion in Limine:

motion in limine - A written motion which is usually made before or after the beginning of a jury trial for a protective order against prejudicial questions and statements.

http://www.ninthcircuit.org/research...ossary/m.shtml

[RR0004]

Originally Posted by nums24

I wish we had them all! Thankfully Muzikman got the 2 Motions filed yesterday, and WFTV also partially posted the motion to suppress the jail video, the clerk's timestamp is 6:24pm.

Everything we have has been posted in the List of Motions thread.

That's what happens when I'm upthread making my way through the posts...lol. So it was WFTV that got there in time. Wonder if they were alerted ahead of time?
Thanks, Nums!

[nums24]

Originally Posted by RR0004

That's what happens when I'm upthread making my way through the posts...lol. So it was WFTV that got there in time. Wonder if they were alerted ahead of time?
Thanks, Nums!

No, I apologize for not being more specific. WFTV got the Motion to Suppress that was filed late on Wednesday. Someone did buy today's motions, a $147 worth after they were posted, my guess is CF13News.

[Macushla]

Does anyone have a clue what the Motion in Limine State of Florida might be about? I am scratching my head on this one. Is JB trying to get the entire state of Florida thrown out? Perhaps the word Florida and State will not be allowed to be used at trial?

Seriously, I think he is refering to the State Attorney's office, but that doesn't really make sense or he would have said Florida State Attorney.

What does he mean?

[Leila]

Originally Posted by faefrost

So what does the betting pool say JB's chances are with all of these motions?

I think he will "win" in getting the sticker residue and the jail house reaction video suppressed. They are just bad evidence, and honestly no surprises there. Plus while lots of salacious fun for us, they probably don't account for much at trial.

The knife seems sort of pointless either way. I don't think he will get it suppressed simply because it was an item physically in the car. It is an element of the list of "things found in the car". But on the same note, beyond having it on the list of things found in the car, I can't for the life of me think why the SA would want to use it at trial or call attention to it? Just a waste of everybodies time.

The shovel and conversations with the neighbor about the shovel? No chance in hell that get excluded.

The lying? BWAHAHAHAHAHAHAHA! Yeah every single untruthful word she said to anyone is going to come in. The same with the stealing. they are clear elements of the crime. I can't imagine any Judge bending over backwards to justify excluding them.

The sex history. The judge will probably exclude any sexual history prior to a certain date. Im betting everything forward of 30 days before Caylee was last seen. and even then there will be no excluding answers to the question "so what was your relationship to the defendant?" when asked of witness after witness. Now any testimony concerning specific acts, techniques, performances or fetishes will hopefully be excluded, at the very least in the interests of taste and class.

Tim Miller and the map will not be excluded beyond the normal rules of witness testimony. he can testify to what he witnessed. What the defendant did and said within his presence. he will not be allowed to speculate. But JB's motion will be resoundingly denied. Probably with the comment "juries are capable of coming to their own conclusions regarding the truthfulness of witnesses".

What do you think? What are your bets? (and of course the defense will herald getting the sticker residue and jail footage that we have always known would be tossed, tossed, as a major victory).

I think the heart sticker residue will be excluded.

I think the video of Casey's reaction to the remains being found on Suburban Drive will be included........it's evidence to state of mind, especially compared to her non-reaction to small bones being found in the river a month or so earlier.

I doubt the knife will be excluded as it's part of a list of items found in the car, and thus physical evidence.

The testimony of neighbor, Brian Bruner, regarding Casey's request to borrow a shovel will not be excluded.

Casey's lying will not be excluded, and many of the witnesses will be testifying to her lies.

Casey's sexual history will also not be excluded.

I don't think the odor analysis done by Oak Ridge will be excluded.

Tim Miller's observations will not be excluded, but any opinions he has in regards to the time spent in the Anthony home will be excluded.

Cindy's July 3, 2008 MySpace comment in which she states that Caylee is missing will not be excluded.........again, this goes to state of mind.

Casey's "Diary of Days" will not be excluded as it goes to state of mind.

As far as restricting the use of cameras and photography in the courtroom, the court will possibly restrict certain close up photography.

I doubt the evidence of the stain in the car truck will be suppressed - it's evidence.

Statements Casey made to various individuals will not be excluded.

The use of the canine dogs and what they alerted to, will not be excluded.

Casey's tattoo will not be excluded.

In summery..........I think most of JB's motions will be denied.

[denjet]

Originally Posted by nums24

This is what has been filed since Judge Perry was on vacation, this is what he is coming back to!


12/28/2010 Justice Administrative Commission's Response Notice of Filing

12/28/2010 Motion to Preclude Phantom " Heart Sticker" Evidence

12/28/2010 Memorandum of Law in Support of Motion to Preclude Phantom "Heart Sticker" Evidence

12/29/2010 Motion to Exclude Unreliable Evidence

12/29/2010 Memorandum of Law in Support of Motion in Limine to Suppress Video Footage

12/29/2010 Motion In Limine to Suppress Video Footage

12/30/2010 Defendant's Second Penalty Phase Discovery Response

12/30/2010 Motion for Application for Subpoena Duces Tecum

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

red mine

I'm totally drawing a blank on what the "unreliable evidence" ones are ... any guesses ? One filed on the 29th and two on the 30th without any memorandum of law ... I'm wondering if these have to do with other forensic/scientific tests done by the State and Jose is holding back on the memorandum of law because he hasn't finished it yet or because it is being done by one of his experts ... or because he would rather hand it to Ashton in court a couple minutes before the Judge enters ???


Also, the Motion in Limine State of Florida ... was that one of Baez's ?

[Sun]

Originally Posted by denjet

red mine

I'm totally drawing a blank on what the "unreliable evidence" ones are ... any guesses ? One filed on the 29th and two on the 30th without any memorandum of law ... I'm wondering if these have to do with other forensic/scientific tests done by the State and Jose is holding back on the memorandum of law because he hasn't finished it yet or because it is being done by one of his experts ... or because he would rather hand it to Ashton in court a couple minutes before the Judge enters ???


Also, the Motion in Limine State of Florida ... was that one of Baez's ?

So far, none of the entries specify "duct tape" ???could be that Baez is afraid to use those two words in the title of a motion in limine.

[denjet]

Originally Posted by Macushla

Does anyone have a clue what the Motion in Limine State of Florida might be about? I am scratching my head on this one. Is JB trying to get the entire state of Florida thrown out? Perhaps the word Florida and State will not be allowed to be used at trial?

Seriously, I think he is refering to the State Attorney's office, but that doesn't really make sense or he would have said Florida State Attorney.

What does he mean?

I just asked the same question ... I'm stumped but won't hurt my brain too much on it because, well because ... it's seems to be one of Jose's and he's the only one who understands them !

[LancelotLink]

I can't get over the snarkiness in the motion to exclude the air testing. They pretty much call Vass a snake oil salesman. They obviously got their info from wikipedia, coz they seem to have no idea that Dr. Vass studied under Dr. Bill Bass.
This is big talk for a defense lawyer who has listed an expert who will testify on cadaver dogs with no relevant links to such on his vita.

[nums24]

Originally Posted by Macushla

Does anyone have a clue what the Motion in Limine State of Florida might be about? I am scratching my head on this one. Is JB trying to get the entire state of Florida thrown out? Perhaps the word Florida and State will not be allowed to be used at trial?

Seriously, I think he is refering to the State Attorney's office, but that doesn't really make sense or he would have said Florida State Attorney.

What does he mean?

In post #403 I posted the definition. My guess is that he does not want the state to ask a specific question, since that is what it's used for to exclude prejudicial statements/questions.

[denjet]

Originally Posted by Sun

So far, none of the entries specify "duct tape" ???could be that Baez is afraid to use those two words in the title of a motion in limine.

hmmm ... good guess Sun! You might be right, it's definitely ones he doesn't want to "reveal" just yet ... if we look at very damning evidence that he didn't address in those motions, duct tape would be one ... could he be so bold as to try to exclude 31 days and pictures of her partying during them?

[Leila]

Originally Posted by AZlawyer

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.

AZlawyer...............The way you do it in AZ certainly cuts down on the number of motions that have to be heard before a judge. Having both parties try to settle the question out of court makes sense.

[Leila]

Originally Posted by nums24

This is what has been filed since Judge Perry was on vacation, this is what he is coming back to!


12/28/2010 Justice Administrative Commission's Response Notice of Filing

12/28/2010 Motion to Preclude Phantom " Heart Sticker" Evidence

12/28/2010 Memorandum of Law in Support of Motion to Preclude Phantom "Heart Sticker" Evidence

12/29/2010 Motion to Exclude Unreliable Evidence

12/29/2010 Memorandum of Law in Support of Motion in Limine to Suppress Video Footage

12/29/2010 Motion In Limine to Suppress Video Footage

12/30/2010 Defendant's Second Penalty Phase Discovery Response

12/30/2010 Motion for Application for Subpoena Duces Tecum

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

Just a feeling I have...............I don't think JP is going to be a happy camper when he gets back from vacation and find the above list awaiting him.

[beach]

Originally Posted by nums24

I found this, is it the same in AZ?


This is the Ninth Circuit's definition of Motion in Limine:

motion in limine - A written motion which is usually made before or after the beginning of a jury trial for a protective order against prejudicial questions and statements.

http://www.ninthcircuit.org/research...ossary/m.shtml

That is the standard definition of a motion in limine. What is unique to me is Arizona's rule that the attys have to certify to a judge that they conversed and attempted to resolve the issue before taking up the court's time & resources.

Most attorneys I have worked with also make the call to opposing counsel. It saves time and work for everyone if it is resolved between the parties w/o having to file the motion. In my jurisdiction, we just aren't required to certify to the judge that the conversation took place.

It is a huge red flag to me of the level of animosity between the defense and State. As if we couldn't already tell.

[Macushla]

Originally Posted by nums24

In post #403 I posted the definition. My guess is that he does not want the state to ask a specific question, since that is what it's used for to exclude prejudicial statements/questions.

But if that is what he meant, wouldn't he have put Florida State Attorney or something like that? I keep laughing because it sounds like he is objecting to the entire state of Florida! Maybe he just go so fed up with the media, and the 99% of the Florida population who are convinced KC is guilty that he wants to throw out the whole darn state and have the trial somewhere else!

This is the motion I am looking forward to reading the most, just to find out what the heck he is talking about. Of course, this is JB and I may not understand even after I read the motion

[Macushla]

Originally Posted by Leila

Just a feeling I have...............I don't think JP is going to be a happy camper when he gets back from vacation and find the above list awaiting him.

Is there an award for 'understatement of the day'?

PS: I am not making fun of you Leila, I think this post is priceless and can just picture HHJP's face when he is presented with this flurry of motions!

[nums24]

Originally Posted by Macushla

But if that is what he meant, wouldn't he have put Florida State Attorney or something like that? I keep laughing because it sounds like he is objecting to the entire state of Florida! Maybe he just go so fed up with the media, and the 99% of the Florida population who are convinced KC is guilty that he wants to throw out the whole darn state and have the trial somewhere else!

This is the motion I am looking forward to reading the most, just to find out what the heck he is talking about. Of course, this is JB and I may not understand even after I read the motion

I am so curious about this one too! At first I thought the State filed the motion, but after all the others filed, I have no clue.

I like your line of thought better though

[Numbers]

Originally Posted by Leila

Just a feeling I have...............I don't think JP is going to be a happy camper when he gets back from vacation and find the above list awaiting him.

$5 says the Honorable Judge is already fully aware of each and every motion that has been filed.

[beach]

Originally Posted by Macushla

But if that is what he meant, wouldn't he have put Florida State Attorney or something like that? I keep laughing because it sounds like he is objecting to the entire state of Florida! Maybe he just go so fed up with the media, and the 99% of the Florida population who are convinced KC is guilty that he wants to throw out the whole darn state and have the trial somewhere else!

This is the motion I am looking forward to reading the most, just to find out what the heck he is talking about. Of course, this is JB and I may not understand even after I read the motion

Originally Posted by nums24

I am so curious about this one too! At first I thought the State filed the motion, but after all the others filed, I have no clue.

I like your line of thought better though

Are we 100% certain that these are ALL defense motions?

('cause it makes no sense to me if it is a defense motion)

[CarolinaMoon]

Originally Posted by denjet

hmmm ... good guess Sun! You might be right, it's definitely ones he doesn't want to "reveal" just yet ... if we look at very damning evidence that he didn't address in those motions, duct tape would be one ... could he be so bold as to try to exclude 31 days and pictures of her partying during them?

Baez filed his Motion In Limine To Exclude Irrelevant Evidence of “Party Pictures and it was heard at the May 10 hearing. This is the which included the party pictures, gossip, rumor, innuendo and the 911 calls.

http://www.wftv.com/pdf/22797741/detail.html

Concerning the "party" pictures Judge Perry ruled that he would defer ruling and that the State and the defense, under reciprocal discovery rules were to narrow down the issues by March. He said he would hold a hearing March 31 to settle issues about them.

This information comes from my personal notes about the hearing. I don't know if the March 31 date is still valid. So.... this is one motion Baez didn't have to file, again!

[LancelotLink]

Just read a verry interesting article on HM concerning the Dr. Vass motion. It's from June, but so interesting that Baez and Co. filed the same motion with the same lies.
http://www.thehinkymeter.com/2010/06...st-vasss-work/

[Dignity4Victims]

Originally Posted by LancelotLink

Just read a verry interesting article on HM concerning the Dr. Vass motion. It's from June, but so interesting that Baez and Co. filed the same motion with the same lies.
http://www.thehinkymeter.com/2010/06...st-vasss-work/

I haven't read the entire thread, but did anyone else notice that Baez/Mason only listed 6 charges against Casey Anthony on page 3, when in fact there are 7?

Wishful thinking on their part?

[logicalgirl]

Originally Posted by denjet

hmmm ... good guess Sun! You might be right, it's definitely ones he doesn't want to "reveal" just yet ... if we look at very damning evidence that he didn't address in those motions, duct tape would be one ... could he be so bold as to try to exclude 31 days and pictures of her partying during them?

I'm wondering if he is going to try to exclude the tattoo?

[logicalgirl]

And what about the contents of the white garbage bag that was tossed over the fence into the dumpster and sat there for awhile being "contaminated"? At the tow yard?

[Leila]

Originally Posted by Macushla

Is there an award for 'understatement of the day'?

PS: I am not making fun of you Leila, I think this post is priceless and can just picture HHJP's face when he is presented with this flurry of motions!

I know you're not making fun. And it IS an understatement. But that's all I had left after cleaning up what I really think JP's reaction will be.

Imagine if you were JP. You've been looking forward to a vacation with your family, getting away from the pressures and stress of the job for a week. You leave thinking all the cases you're presiding over are in order and up-to-date procedurally. Then you come home from your vacation and find Jose Baez's list of motions awaiting you. I would think that JP would have a few choice words, said only in the privacy of his office, to say about JB.

So, JP not being a "happy camper" was all I had left..................