Legal Questions for our VERIFIED Lawyers #3

[butwhatif?]

What would be the outcome if a member of KC's dream team suffered some kind of mental breakdown, or had a health issue that impacted mental function? Would the trial continue regardless? Could it be an appeal issue?
TIA

 

[AZlawyer]

What would be the outcome if a member of KC's dream team suffered some kind of mental breakdown, or had a health issue that impacted mental function? Would the trial continue regardless? Could it be an appeal issue?
TIA

The trial would continue--she has plenty of lawyers--and if it is raised on appeal IMO it would not be a winning argument. At most HHJP might delay the trial for a day or two for the rest of the team to prepare to do whatever that lawyer was doing.

Obviously it would be a problem if the mentally broken-down lawyer was allowed to continue trying the case. But HHJP would not allow this to happen, and neither would the rest of the defense team.

 

[ynotdivein]

AZ, before my question, please accept my sincerest THANKS for the insight you provide us!

My question is... before jury selection started, CJBP asked ICA if she wished to enter a plea. She did not. Will he ask her that same question again before the jury is called in for the trial?

 

[AZlawyer]

AZ, before my question, please accept my sincerest THANKS for the insight you provide us!

My question is... before jury selection started, CJBP asked ICA if she wished to enter a plea. She did not. Will he ask her that same question again before the jury is called in for the trial?

Probably not. (The reason I hesitate is because I suppose he is ALLOWED to ask again if he wants to.) But why would she change her plea without a plea agreement from the State? HHJP could still sentence her to death!

 

[darnudes]

Hi AZ, been meaning to ask, do you think the recently requested 'investigative' hours by the defense will be utilized for digging up dirt on the jury pool?

TIA

 

[5stars]

If a tv crew out jurors in public be held to a charge in court?

 

[ZsaZsa]

I was wondering why a Paralegal or Jr Attorney could not do this hardship screening? Is it a legal requirement that HHJP do it- it seems like an awful lot of work, multiple repetitive questioning for him to do it alone? They could at least filter out the ones like the guy receiving Chemo for cancer, obvious caregiver responsibilities....

 

[SoCalSleuth]

I was wondering why a Paralegal or Jr Attorney could not do this hardship screening? Is it a legal requirement that HHJP do it- it seems like an awful lot of work, multiple repetitive questioning for him to do it alone? They could at least filter out the ones like the guy receiving Chemo for cancer, obvious caregiver responsibilities....

A paralegal is not permitted to represent a client in court, which would include jury selection. Some say that cases are won or lost in jury selection--regardless, it is one of the most important parts of any trial and a seasoned attorney vs. a junior attorney is much more astute in selecting jurors. While it may appear that the only information being gathered is hardship information, trust me, the attorneys are gathering tons of information about each juror in response to their hardship questions.

 

[AZlawyer]

Hi AZ, been meaning to ask, do you think the recently requested 'investigative' hours by the defense will be utilized for digging up dirt on the jury pool?

TIA

Probably. Have we seen the actual request? They are supposed to say in the request what they need the extra hours for.

If a tv crew out jurors in public be held to a charge in court?

Yes, although it would take HHJP's time away from the trial and he might not want the distraction. He would certainly ban them and their station/paper from the remainder of the trial, though, if the "outing" was intentional.

I was wondering why a Paralegal or Jr Attorney could not do this hardship screening? Is it a legal requirement that HHJP do it- it seems like an awful lot of work, multiple repetitive questioning for him to do it alone? They could at least filter out the ones like the guy receiving Chemo for cancer, obvious caregiver responsibilities....

Judges do not have paralegals or associate attorneys. The reason HHJP has to make the decisions is because he's da judge. Also, there are some tough calls to be made, and you can't let anyone go too easily if the defense wants to keep them, for appeal reasons.

 

[uklaw]

Is a Juror who a Court is considering holding a person in contempt entitled to right to Counsel?

What's happening at the moment seems very summary - due process seems to have gone out of the window

 

[Themis]

I was wondering why a Paralegal or Jr Attorney could not do this hardship screening? Is it a legal requirement that HHJP do it- it seems like an awful lot of work, multiple repetitive questioning for him to do it alone? They could at least filter out the ones like the guy receiving Chemo for cancer, obvious caregiver responsibilities....

AZ Lawyer is right in that Judges do not have junior lawyers that function like an associate in a law firm. However, Judges do have Law Clerks, well educated and experienced lawyers who help with research and case management behind the scenes. Often, those lawyers become Commissioners and sometimes they are elected or appointed as Judges later. However, only a Commissioner who has the power to decide a matter as granted by a State Constitution or State statutes, or a duly sworn Judge can actually decide matters in a case.

 

[Themis]

Is a Juror who a Court is considering holding a person in contempt entitled to right to Counsel?

What's happening at the moment seems very summary - due process seems to have gone out of the window

You are right. It is a summary procedure. The right to counsel in civil contempt cases is a hot legal issue in the United States right now.

I'll anticipate your next question: Could this impact the Anthony criminal trial. Answer: No.

 

[AZlawyer]

Is a Juror who a Court is considering holding a person in contempt entitled to right to Counsel?

What's happening at the moment seems very summary - due process seems to have gone out of the window

It has been a long time since I looked at contempt issues, but I think if you violate a court order right there in the courtroom, the judge has the power to deal with it more summarily.

 

[uklaw]

You are right. It is a summary procedure. The right to counsel in civil contempt cases is a hot legal issue in the United States right now.

I'll anticipate your next question: Could this impact the Anthony criminal trial. Answer: No.

I thought this would be criminal contempt since the principal proceedings are cirminal.

And I already knew the answer to the other question so didnt ask it thakns

 

[Themis]

It has been a long time since I looked at contempt issues, but I think if you violate a court order right there in the courtroom, the judge has the power to deal with it more summarily.

That's right. That is "direct" contempt. Direct means in the judge's presence and "indirect" means outside the judge's presence. In indirect contempts the contemnor generally has the right to a notice of the charges and a right to a hearing.
Generally, a summary civil contempt matter doesn't result in jail time; only a small fine. It is just a procedure to get their attention -- not a serious case. :slap:

 

[SoCalSleuth]

You are right. It is a summary procedure. The right to counsel in civil contempt cases is a hot legal issue in the United States right now.

I'll anticipate your next question: Could this impact the Anthony criminal trial. Answer: No.

Judges in San Diego have staff attorneys and paralegals and law clerks. We do jury voire dire in a case like this a little different. The jurors fill out the questionaire first and the staff attorney separates the claimed hardship ones and gives them to the judge. Judge discusses with lawyers--and if all are in agreement the potential juror is summarily dismissed. But AZ is right, it's the judge's job to perform the voir dire.

 

[allycat1208]

What are differences between the attorneys on the defense or the prosecution team? Do they all have different expertise areas?

 

[EgyptNug]

What happens if the defendant is ill during the trial? Can they delay the trial if the defendant is claiming they are sick?

 

[AZlawyer]

What are differences between the attorneys on the defense or the prosecution team? Do they all have different expertise areas?

Not in all cases, if that's what you mean. But in this case, I believe there are supposedly different roles for the defense attorneys: CM is the experienced one, DS is the science one, AF is the mitigation one maybe? I forget. JB is, um, the one Casey hired so they have to keep him on the team.

As for the SAs, they have different and complementary skills just like any legal team, but none of them really specialize in any one area.

What happens if the defendant is ill during the trial? Can they delay the trial if the defendant is claiming they are sick?

If she comes down with SARS or something else verifiable that would actually prevent her from "assisting" her legal team , I'm sure the trial would be delayed. As for the B.S. she pulled today, I anticipate HHJP will become even more skeptical than your average school nurse after a while.

 

[allycat1208]

Someone was telling me they don't want attorneys to be on the jury normally. Is this true?