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Caylee Anthony 2 years old Not reported missing for a month after she was last seen.


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  #351  
Old 08-03-2011, 11:49 PM
Horace Finklestein Horace Finklestein is offline
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Wonder if the DT thinks it will help FCA's profile with that "dangerous" public if she skates on the probation?
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  #352  
Old 08-03-2011, 11:52 PM
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Originally Posted by Whisperer View Post
How can one be on probation in jail and get credit for time served while doing it? This is incredulous. Perry let her run her fraud charges and her probation with the Lying to LE charges.

Could he have given her probation on a misdemeanor? If so, why didn't he? The only circus I see if the Defense Attorneys in this country spinning the courts to their liking using way too many laws to spin it. Somebody oughta clean out the law cupboards. They are overflowing.

I have never heard of serving a probation in jail or getting credit for your new crimes while doing it.
BBM - I believe I read it is because he gave her the max penalty for the lying charges.
The probation upon release was the requirement to his adjudication of 7 of the 13 fraud charges. I wonder why he didn't just convict her all 13 charges?
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  #353  
Old 08-04-2011, 12:02 AM
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Originally Posted by Horace Finklestein View Post
Wonder if the DT thinks it will help FCA's profile with that "dangerous" public if she skates on the probation?
Exactly - if FCA cannot do probation she cannot do a real job and cannot live a real life without being in 'protective custody' ... Per JB. So did the DT really win FCA her freedom?

If you cannot do the time, don't do the crime ... FCA is going to do the time whether she is in jail or not. IMO
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  #354  
Old 08-04-2011, 12:10 AM
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So if I understand it correctly, FCA gets time served for her check fraud sentence and gets to serve her probation while in jail facing a new trial for other charges. She is found guilty for some of those other charges while in jail and serving on probation while in jail. She basically gets time served for the new sentence other than a few more days and her probation is deemed complete even though she was facing new charges and was sentenced anew for some.

The whole time the reason FCA is really in jail is because she lied about the death of Caylee faced Murder 1 but was willing to sit in jail and roll the dice than tell it was an 'accident'. She just waited it all out and all accountability and punishment was Basically rolled into her waiting period.

Wow! What a sweet deal! FCA gambled her life and won big. If ever FCA goes to Vegas and gambles I want to be there and play whatever she is playing. What are the odds?
Yep, and all while in Kindergarten incarceration...the County Jail and not in a Prison.
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  #355  
Old 08-04-2011, 12:32 AM
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Originally Posted by grandmaj View Post
The judge through case law, not the probation department decides whether the probation order was carried out.

Right now they are in a position of determining if she served her probation. The lawyers all over the net disagree on this. Only Judge Perry will be the one to decide. The probation as it is described is an administrative probation which was not what was ordered by the court.

Now, I have already said because of the time delay, this order may not fly. But a thorough and full investigation of how time was calculated certainly is within the 60 day time limit and Casey may just wish that Mason let her go on probation for a year. Any calculation of the days for purposes of Judge Perry's Order can be amended. And worst case Casey could be back behind bars.
Have you let the State know? Seems to me they need to be hit over the head with stuff like this.
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  #356  
Old 08-04-2011, 01:02 AM
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Reasons why I am not too pessimistic about the probation hearing on Friday is because of the following:
Judge Strickland probably did consult Judge Perry prior to signing that motion. Only Judge Strickland could sign the motion since it was his ruling. Judge Perry was the logical choice to hear it, considering Judge Strickland previous history with the DT.
Why would the motion even be signed/submitted if there was no legal standing or any hope of success. A short statement to the media would have sufficed. Why would both Judges waste their time on a lost cause.
Both Judges are not like the DT team and would not do it for media attention.
So I am keeping up my hopes.
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  #357  
Old 08-04-2011, 01:14 AM
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I'm not banking on her doing probation. Judge Perry bent over backwards for the defense and making statements that he didn't want anything to come back on appeal. No one, no one, thought that she would be acquitted of all charges, all the charges except the ones for being a liar. No one in their wildest dreams imagined that out of all the people questioned in that far off county, the ones chosen to sit on this Jury would be from the bottom of the bushel. The publicity surrounding the trial was minute by minute updates on the internet and full time slots on cable. DT pulled out the race card during jury selection, I don't think it applied but it worked. The DT is using the threat that more tax payer money will have to be used if she has to come back to Orlando. I don't think she needs protection like that but, I think this threat will work. I do not believe that this is the reason the court will give, of course, when it is decided that she did her probation in jail but regardless of the reason or reasons, I believe that because of all of the publicity surrounding the case and trial of Miss Anthony for the murder of her 2 year old daughter Caylee, Orlando and the State of Florida is happy that Miss Anthony was spotted in another State and pray she stays away.
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  #358  
Old 08-04-2011, 01:32 AM
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Originally Posted by okiedokietoo View Post
I'm not banking on her doing probation. Judge Perry bent over backwards for the defense and making statements that he didn't want anything to come back on appeal. No one, no one, thought that she would be acquitted of all charges, all the charges except the ones for being a liar. No one in their wildest dreams imagined that out of all the people questioned in that far off county, the ones chosen to sit on this Jury would be from the bottom of the bushel. The publicity surrounding the trial was minute by minute updates on the internet and full time slots on cable. DT pulled out the race card during jury selection, I don't think it applied but it worked. The DT is using the threat that more tax payer money will have to be used if she has to come back to Orlando. I don't think she needs protection like that but, I think this threat will work. I do not believe that this is the reason the court will give, of course, when it is decided that she did her probation in jail but regardless of the reason or reasons, I believe that because of all of the publicity surrounding the case and trial of Miss Anthony for the murder of her 2 year old daughter Caylee, Orlando and the State of Florida is happy that Miss Anthony was spotted in another State and pray she stays away.
Well, the way I see it, there is also unethical behavior involved.
Baez knew from day 1, that when probation was started by DOC one day after the sentencing that it was not what the Judge ordered. Yet, he kept his mouth shut. I would not expect K.C to say a word but Baez is also an officer of the Court and must uphold the Court's ruling in that capacity. This probation fiasco could have more than one tentacle. JMO.
How often can you play dumb.
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  #359  
Old 08-04-2011, 01:53 AM
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Originally Posted by rotterdam View Post
Well, the way I see it, there is also unethical behavior involved.
Baez knew from day 1, that when probation was started by DOC one day after the sentencing that it was not what the Judge ordered. Yet, he kept his mouth shut. I would not expect K.C to say a word but Baez is also an officer of the Court and must uphold the Court's ruling in that capacity. This probation fiasco could have more than one tentacle. JMO.
How often can you play dumb.
I know what you're saying and I agree with you - it's just that the DT & FCA plays dirty and so far it has worked in their favor. And playing dumb seemed to work for JB all through the trial, assuming he was playing...
(ot are we ever going to hear anything about any sort of discipline or sanctions?)
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  #360  
Old 08-04-2011, 02:01 AM
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Originally Posted by JSV View Post
Is this what you are looking for ... Exhibit B

EMERGENCY MOTIONEmergency motion for hearing (pdf)
Exhibit A (pdf)
Exhibit B (pdf)
Exhibit C (pdf)
Exhibit D (pdf)
Exhibit E (pdf)
Exhibit F (pdf)
Probation Court Orders
Court Order 1 (pdf)
Court Order 2 (pdf)
e

Thank you JSV. I will try to find these. I am looking for the sheet of paper they keep flashing on the news that says DOC has established she completed her probation and wish her luck in her future. Th.ey snipped one sentence and I was curious to see the paper in full context
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  #361  
Old 08-04-2011, 02:12 AM
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Clerical error - Wikipedia, the free [email]encyclopedia

A clerical error is an error on part of an office worker, often a secretary or personal assistant. It is a phrase which can also be used as an excuse to deflect blame away from specific individuals, such as high powered executives, and instead redirect it to the more anonymous clerical staff.

"There is a considerable body of case law concerning the proper treatment of a scrivener's error.{ see Barkelew v. Barkelew (1946, Cal App) 73 Cal App 2d 76, 166 P2d 57} For examples, where the parties to a contract make an oral agreement that, when reduced to a writing, is mis-transcribed, the aggrieved party is entitled to reformation so that the writing corresponds to the oral agreement.[1]

A scrivener's error can be grounds for an appellate court to remand a decision back to the trial court. For example, in Ortiz v. State of Florida,[2] Ortiz had been convicted of possession of less than 20g of marijuana, a misdemeanor.[3] However, Ortiz was mistakenly adjudicated guilty of a felony for the count of marijuana possession . The appellate court held that "we must remand the case to the trial court to correct a scrivener's error."

RR
Glad you mentioned "adjudicated" because weren't there some charges that were on hold? I remember something like that said in the sentencing of the check fraud charges. Sorry, I'm too tired to go back and look.
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  #362  
Old 08-04-2011, 03:19 AM
lauriej lauriej is offline
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Glad you mentioned "adjudicated" because weren't there some charges that were on hold? I remember something like that said in the sentencing of the check fraud charges. Sorry, I'm too tired to go back and look.
-----he withheld adjudicating on 7 of the charges--------- those other 7 charges ( many debates on the net at the time as to --why not?? since she began by pleading guilty to ALL 13 charges.....and so she walked out a felon X6.)

http://www.wftv.com/news/22316847/detail.html
--watch court hearing: Part 1 of 2 | Part 2

During the hearing, it came out that prosecutors had offered Casey a 5-year sentence on the charges she stole and used checks from her former best friend, Amy Huizenga; it's more than she wanted and it's more than she ended up getting. She got credit for the 412 days she's already spent in jail. She also has to pay almost $6,000 in court and prosecution costs, which she says is too high.

The hearing started quickly, with attorney Jose Baez, Casey at his side, offering a guilty plea to the court on the 13 charges related to check fraud. Casey was immediately sworn in.

Five years [in jail], in our position, is extremely absurd,” Baez argued regarding the sentencing the prosecution requested with the plea. "We simply ask that she receive equal justice under the law."

“Because of Ms. Anthony's status, her situation and her unpopularity we find ourselves in a muck,” Baez sad. “We ask the court to withhold adjudication on the counts, issue time served and, due to statutory requirements, give a short probationary period of approximately one year."

After Baez stated his case, the prosecution argued their points and made their request for sentencing.

We are asking for adjudication on all [13 counts] and a straight prison sentence,” state prosecutor Frank George stated.

“She’s charged with 13 separate crimes or offenses as a result of the four stolen checks,” Judge Strickland said after hearing both sides’ arguments. “On counts 3, 6, 9 and 12, those are the forgery counts, there is going to be an adjudication of guilt and time served is 412 days.”

Strickland also adjudicated guilt on counts 1 and 2 with time served.

“As for the four counts of uttering a forged check, 4, 7, 10, 13, and as to counts 5, 8, 11, three of the four fraudulent use of identification counts, the court is going to withhold adjudication with time served and one year of supervised probation,” Judge Strickland said. “I've done what I think is fair based on what I know.”

http://blogs.orlandosentinel.com/ent...y+%28TV+Guy%29

Strickland explained his method: “I withheld in seven. I adjudicated in six. If that seems Solomon-like, it is. I just couldn’t think of a better, more appropriate way to do it.”

http://www.people.com/people/article...339291,00.html

She was sentenced to 412 days of time served in jail and one year of probation and ordered to pay $348 in court fees and $5,517.75 in investigative fees.


---------i wonder if she ever paid those fines/fees?

..the non-payment of them was what got her driver's license suspended while in jail.
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  #363  
Old 08-04-2011, 03:29 AM
Bobbisangel Bobbisangel is offline
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@CFNews13Casey
Casey Anthony News13
Judge Perry is likely to sign an order or hold a hearing today on this matter. #CaseyAnthony #probation -JFell

Not that my opinion will make any difference to the judge but I am going to be so ticked off if that bi---gets to have served her probation already in jail. NO ONE EVER does probation while they are in jail. They serve it after they get out of jail and I think it is supposed to keep them on the straight and narrow and so that someone knows what the criminal is doing. Casey Anthony seems to be not just her attorneys little princess but she will probably end up being the judges little princess too. She shouldn't be treated any different then any other criminal. If she gets away with this...if anyone that I know has to do jail time and then probation I will fight for the probation to be dropped cause they will have already done it while they were in jail. What is good for one is good for them all. Which I think is a whole lot of B.S.
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  #364  
Old 08-04-2011, 03:52 AM
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Not that my opinion will make any difference to the judge but I am going to be so ticked off if that bi---gets to have served her probation already in jail. NO ONE EVER does probation while they are in jail. They serve it after they get out of jail and I think it is supposed to keep them on the straight and narrow and so that someone knows what the criminal is doing. Casey Anthony seems to be not just her attorneys little princess but she will probably end up being the judges little princess too. She shouldn't be treated any different then any other criminal. If she gets away with this...if anyone that I know has to do jail time and then probation I will fight for the probation to be dropped cause they will have already done it while they were in jail. What is good for one is good for them all. Which I think is a whole lot of B.S.
in the DOC presser earlier today the spokesperson said that people do sometimes serve probation in jail, it happens.
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  #365  
Old 08-04-2011, 04:49 AM
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Does anyone recall when Casey was writing letters to inmates? Was it during her "so called" probation? If so that's a violation. Did she pay the $20-$30 every month, like every other probationer in FL. When NG would list off what Casey was spending her funds on I never heard her probation costs. Did she pay her fines/fees and restitution for the check charges? Normally, you don't get off if not paid. Then to have the same time count for the the check and lying charges is insane! As CA would say "There is something wrong here"! I believe JP needs to straighten this mess out Friday and drag her butt back to jail for the rest of her time and then a year probation.
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  #366  
Old 08-04-2011, 06:06 AM
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I am still so angry with the jury and their verdict, I want her to receive some kind of punishment, even if it is only probation. But I won't be satisfied with that either. I think the judge used case law when he made decisions, often in the defense favor to prevent appeals. He will again use some case law when he hears this - but I do not think he will rule the way we want just to give her (and her team) some kind of punishment - just because the jury was wrong.

It seems to me the court can only deal with the fines she owes and if she is in treatment, cannot even start to make. Until/unless she is proven to have received funds (even chaney saying she has thousands in donations is not proof) - even the IRS makes deals for repayment, that will not be addressed any time soon.

I guess what I am trying to say is I think I am glad courts and judges do not make decisions on my dislikes.
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  #367  
Old 08-04-2011, 06:41 AM
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Does anyone recall when Casey was writing letters to inmates? Was it during her "so called" probation? If so that's a violation. Did she pay the $20-$30 every month, like every other probationer in FL. When NG would list off what Casey was spending her funds on I never heard her probation costs. Did she pay her fines/fees and restitution for the check charges? Normally, you don't get off if not paid. Then to have the same time count for the the check and lying charges is insane! As CA would say "There is something wrong here"! I believe JP needs to straighten this mess out Friday and drag her butt back to jail for the rest of her time and then a year probation.
..as i understand it---

..judgeS sentenced her to 412 days time served---for the check charges.

..at that time --january 25/2010--she had been in jail since october 14/2008.

..plus in and out a few times on bond since her 1st arrest july 16th/2008.

..her 4 years for the ----you're a big fat liar! ( and nothing else..)---charges, began after those 412 days.

..according to the DOC ---"good time/gain time"--- calculation---those additional 4 years were up sometime in july ( they initially got it wrong by a few days---recalculated and she remained until july 17th.)

..i have no idea how the "good time/gain time" thing works ( days taken off non stop for some reason).

..i don't expect to see judgeP send her BACK to jail to serve any time.( THAT'S a done deal.)

..i do expect him to work through the legal "mess" of this probation----and rule according to the law.
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Old 08-04-2011, 07:23 AM
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..as i understand it---

..judgeS sentenced her to 412 days time served---for the check charges.

..at that time --january 25/2010--she had been in jail since october 14/2008.

..plus in and out a few times on bond since her 1st arrest july 16th/2008.

..her 4 years for the ----you're a big fat liar! ( and nothing else..)---charges, began after those 412 days.
..according to the DOC ---"good time/gain time"--- calculation---those additional 4 years were up sometime in july ( they initially got it wrong by a few days---recalculated and she remained until july 17th.)

..i have no idea how the "good time/gain time" thing works ( days taken off non stop for some reason).

..i don't expect to see judgeP send her BACK to jail to serve any time.( THAT'S a done deal.)

..i do expect him to work through the legal "mess" of this probation----and rule according to the law.
BOLD by me

I believe she served the first 412 days for the check and then they also counted that same 412 days for the lying charges. JP sentenced her concurrent vs consecutive, so he didn't give her the most time he could have. Richard Hornsby explains it well here... http://blog.richardhornsby.com/
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Old 08-04-2011, 07:58 AM
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I've been afraid to say anything negative about HHJP BUT I will now that Whisperer has spoken.

The judge was fair in many ways but I felt like he constantly pandered to the defense. The judge knew what would be included in opening statements--yet he allowed Baez to begin the DT part of trial with out and out bs lies.

I keep going back to someone here stating that Judge Perry could have rejected the jurors verdict. Too bad he didn't. I lost respect for him when he let a child killer -imo-walk free never to pay for a terrible crime.

If Perry has anything to do with the parole --FCA won't suffer at all.
imoo
In the ask the lawyer thread, AZlawyer said that HHJP couldn't have rejected the verdict. There was nothing he could do after the verdict was read.
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Old 08-04-2011, 07:59 AM
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I still can't figure out why Judge Perry imposed the $1000 fine for each of the four counts of lying to LE and didn't place her on probation until it was paid off. Most other offenders would be required to serve probation until their fines were all clear and paid.
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Old 08-04-2011, 08:04 AM
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BOLD by me

I believe she served the first 412 days for the check and then they also counted that same 412 days for the lying charges. JP sentenced her concurrent vs consecutive, so he didn't give her the most time he could have. Richard Hornsby explains it well here... http://blog.richardhornsby.com/
I enjoy reading and watching Hornsby - this case is so nasty bad, we have to have some humor to just get through it.
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Old 08-04-2011, 08:12 AM
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I enjoy reading and watching Hornsby - this case is so nasty bad, we have to have some humor to just get through it.
I really enjoy his blog also. The very last section regarding the State Attorney's need to support Strickland was especially interesting. He doesn't mince words does he

By the way, his father was also a prominent defense attorney in Orlando. It's refreshing to see someone who stands up for his beliefs in such a controversial matter.
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Old 08-04-2011, 08:22 AM
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I predict the State will not oppose the Defense motion to dismiss the VOP for lack of jurisdiction and double jeopardy. That Judge Perry will simply shrug and say if State doesn't have a problem with it, I don't. And she will once again get off as if she did nothing.

I don't doubt that you're correct, disappointing to think about as it is. Quick question though:

Is it known for certain yet, what the State's position is on this? It's my understanding that Mr. George will be in attendance for tomorrow's hearing. Is he to be there to express the view you shared, as a formality? Could he be there to argue that the State wishes to see Judge Strickland's clarified order enforced?

My apologies if this has been discussed already, and thanks for any enlightenment that you (or anyone!) can share on this.
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  #374  
Old 08-04-2011, 08:45 AM
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I agree with Hornsby, if the State doesn't object to this one visit probation that was conducted and which was not according to the orders of the court, this is going no where. Truth be told I think the State of FL has washed their hands of Casey Anthony.
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Old 08-04-2011, 08:56 AM
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I agree with Hornsby, if the State doesn't object to this one visit probation that was conducted and which was not according to the orders of the court, this is going no where. Truth be told I think the State of FL has washed their hands of Casey Anthony.
I agree with this. I think they are done with her, this case and everything else that goes along with it. They (the state) probably see that the DOC screwed up and no matter how wrong it was, it's still a screw up.

Should she serve probation, yes. But you are penalizing her because of something that was out of her control (DOC signing the paper saying she completed her probation). Take personal feelings out of this (I know it's hard). Should anyone be subject to something because the people in charge didn't get their act together?
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