Question: How can Judge P. tell the Defense that they can go look at the TES searcher documents, all 4,000, and TAKE NOTES, when Judge S's Order specifically said they could NOT TAKE NOTES??
Wouldn't Judge P. have to issue a new Order which supercedes Judge S's previous Order?
http://www.wftv.com/pdf/20582267/detail.html
Judge S's Order says - NO NOTES
If JP's order is, in fact, inconsistent with JS's order (I haven't seen the order from JP yet), then it would obviously supercede the old order.
I have a question about the appeal process:
1) How common is it for a LWOP sentence?
2) How easy is it to win an appeal for ineffective counsel?
I understand why our justice system works the way it does and understand that sometimes it doesn't work. I am thankful we have appeal processes that we can go through it keeps (or tries to keep) everyone honest.
It just seems with this case we have a group of keystone cops up against Sherlock Holmes. I want KC to get a fair trial not because I believe she is innocent but because I believe that she would be better off behind bars and I want her to stay there.
Ted Bundy was his own lawyer, IIRC. And he lost all appeals. If KC likes her defense team...and refuses to get rid of them...it won't work to appeal on ineffective counsel right????
Can the SA's well documented case be lost and KC walk just because she hired JB and CM (behaving myself here)?
Hope that makes sense...I just can't get over the difference in the way each side is approaching this.
Look at the SA's volumes, huge volumes of documents...and look at the defense tables 1.5" binders that aren't anywhere near full.
In most states (I believe including Florida), an appeal after a death penalty sentence is automatic, so the percentage of LWOP sentences that are appealed is certainly lower than the percentage of death penalty sentences that are appealed. Personally, I would advise KC that appealing a LWOP sentence (presumably asking for a new trial) would be too great a risk.
IMO there has been nothing in this case that has remotely approached ineffective assistance of counsel. It is very very difficult to get a conviction overturned for IAC. We had one case here where the attorney slept through much of the trial, and I believe the defendant won that appeal. But it has to be something pretty drastic--and there has to have been some other optional course of action for the attorney that would have led to a different result. For example, when CM bumbles ineptly through a witness examination, is that IAC if there was really no way for him to have examined the witness that would have been
helpful to the defense?
I thought that Judge Perry pretty much had a set schedule for Anthony case. Is it appropriate for the defense to cancel depo's at the last min without cause? Can they be sited for this? TIA
I have a question too about cancellation of depositions ... I thought the status hearings were to see if everyone was still on track and if there were any issues relating to the schedule ...
Yet, many, dare I say most, of depositions scheduled by Jose have been cancelled or rescheduled ...
Why haven't these been brought up at the hearings? Is it the state's job to point that out? Is Judge Perry just giving Jose enough rope? In other words, if no one says anything about the missed depositions at status hearings, can Jose turn around later on and say he still needs to depose the ones that were cancelled? Or can Judge Perry at that point tell Jose he missed his chance and not allow anymore time or rescheduling?
Depos get cancelled and rescheduled all the time. JP likely won't care, as long as they all get done by the final deadline. If not, he'll want to know the specific reasons for the cancellations.
Re the phone call to Baez from inmate Robin Lunceford-
Do you believe it is subject to the Sunshine Law, or is it attorney work product?
Thanks
Work product--give me a break.
(That was directed to JB, not to you!) R Hornsby's blog regarding this phone call (linked in the news thread) provides a thorough and excellent analysis of the legal issues raised by JB.
Now that the 911 calls have been admitted, do you think the defense will file motions to keep out some of the other calls? For instance, Casey's first call home from the jail where she says "oh. my god. calling you guys? a waste. a HUGE waste."
Oh, I'm sure they aren't done filing motions yet. But I have a feeling the jury will get to hear the "huge waste/all anyone cares about is getting Caylee back" call.
What was Cheney Mason mumbling about during his summation? Was he trying to remember a citation? Does he seem to fumble about a lot? I know he has a hearing problem, but wonder if there aren't some memory deficiencies also? Sort of like Denny Crane and the Mad Cow Disease?
Who knows??:waitasec: I think he is more than ready for retirement.
