Legal Questions for our VERIFIED Lawyers - Q & A ONLY ***No Discussion***

[Dmacky]

1. Yes, the date would be the murder date. Any charge involving premeditation or conspiracy would have an earlier date, in this case. Second degree murder in Florida never involves premeditation.

2. The media said CWW filed a motion to continue his sentencing. If it was titled a "stipulated motion" that means CWW's attorneys checked first with the prosecution and got their OK on the continuance.

3. The demand would have been filed by CWW's attorneys before the plea deal was made. The answers are supplemental information coming from the prosecution.

4. No way to know. Many times this means someone sent a letter to the judge, so the judge gave it to the clerk for filing to make sure everything's in the public record.

AZ ~ thank you for your answers and your time :bow:

 

[1&2&3]

Why would CWW want a continuance on his sentencing?

With a plea deal, he already knows the terms of how long he will be incarcerated, so what does a continuance get him?

Thanks for all the help you give us.

 

[AZlawyer]

Why would CWW want a continuance on his sentencing?

With a plea deal, he already knows the terms of how long he will be incarcerated, so what does a continuance get him?

Thanks for all the help you give us.

I'm not sure. Someone mentioned his Social Security payments would stop once he was convicted, which makes sense. But that can't be the reason he gave in the motion.

 

[WannaBeSleuth16]

I'm not sure. Someone mentioned his Social Security payments would stop once he was convicted, which makes sense. But that can't be the reason he gave in the motion.

Please see post #623 under Curtus Wayne Wright charged with murder. SS payments stop after 30 days in jail.

 

[ScotAng]

Please see post #623 under Curtus Wayne Wright charged with murder. SS payments stop after 30 days in jail.

WannaBe, I believe AZ's saying that's what Wright could well be thinking, but is not a valid reason that could be stated within the motion.

 

[AZlawyer]

Please see post #623 under Curtus Wayne Wright charged with murder. SS payments stop after 30 days in jail.

In the post you mentioned, it says after 30 days in prison/jail "due to conviction of a crime." That wouldn't happen until sentencing.

 

[WannaBeSleuth16]

In the post you mentioned, it says after 30 days in prison/jail "due to conviction of a crime." That wouldn't happen until sentencing.

Your are absolutely right. My bad!!

 

[Deleted member 159541]

Good Morning AZ - I noticed notices of supplemental discovery were filed in all three cases (MS, CWW and JR) on 6/10 and 6/14. Does that mean that the state has additional evidence that they have turned over? Also, even if a defendant has pled guilty there would be supplemental discovery filed? Why? Thank you!

 

[AZlawyer]

Good Morning AZ - I noticed notices of supplemental discovery were filed in all three cases (MS, CWW and JR) on 6/10 and 6/14. Does that mean that the state has additional evidence that they have turned over? Also, even if a defendant has pled guilty there would be supplemental discovery filed? Why? Thank you!

Yes, it means the state (or possibly the defendant but probably not) has turned over more information. Now that CWW's plea deal has been accepted, the parties could likely agree to stop supplementing disclosures, but if they have to turn over the same stuff to MS and JRR anyway, why bother?

 

[IQuestion]

Afternoon AZL, (It's a dry heat? huh) What do you make of MS not being in court today, although his Atty M. was there? Surely MS would want to be at every hearing as it would be a "break" from the normal routine of being in jail and a nice "field trip" for the big fella. If the atty says, "You don't need to be there." and the "client-in-custody" demands, "I want to be there!"....How does that work? Normal resolution? WHO WINS?
Is it possible AttyM was embarrassed by client behavior after MS threw the pencil? Or, embarrassed at the revelation MS has been communicating in a foreign language? Or, didn't want MS's reaction to be seen in court when the request for a "mental evaluation" was made? (Or my wishful "not-so-out-there" communication theory.....he got caught trying to leave a message for CWW)
Have you ever seen anything like this before....a man accused of a murder plot fighting the placement of his children? How long will the judge let this continue? 3 months, 3 years or 9 years....good grief! (IQuestion-a-lot)

 

[AZlawyer]

Afternoon AZL, (It's a dry heat? huh) What do you make of MS not being in court today, although his Atty M. was there? Surely MS would want to be at every hearing as it would be a "break" from the normal routine of being in jail and a nice "field trip" for the big fella. If the atty says, "You don't need to be there." and the "client-in-custody" demands, "I want to be there!"....How does that work? Normal resolution? WHO WINS?
Is it possible AttyM was embarrassed by client behavior after MS threw the pencil? Or, embarrassed at the revelation MS has been communicating in a foreign language? Or, didn't want MS's reaction to be seen in court when the request for a "mental evaluation" was made? (Or my wishful "not-so-out-there" communication theory.....he got caught trying to leave a message for CWW)
Have you ever seen anything like this before....a man accused of a murder plot fighting the placement of his children? How long will the judge let this continue? 3 months, 3 years or 9 years....good grief! (IQuestion-a-lot)

It's normal and not surprising for a criminal defendant to waive his appearance at hearings in which he is not expected to testify and none of his important rights are expected to be at stake. Here, as I understand it, today's hearing was just a placement review, which usually go like this: "OK, how are the girls? Is everything good? Well, your honor, we have these one or two little issues, but other than that, yes, everything's fine. OK, let's handle the couple of issues like this. OK, thanks and bye."

He will be allowed to participate (in person or through counsel) in placement reviews until and unless his parental rights are severed, which IMO will not happen unless he is convicted.

 

[Bobbywoo]

Hi AZ! So, JRR did not wave his right to a speedy trial but his atty says she can't get through 50,000 pages of documents pronto and she needs more time (I'm obviously paraphrasing). Who's needs are met in this case, the defendant or the atty? And would this open up doors for a retrial depending on who's requests are honored? Thanks <3

 

[AZlawyer]

Hi AZ! So, JRR did not wave his right to a speedy trial but his atty says she can't get through 50,000 pages of documents pronto and she needs more time (I'm obviously paraphrasing). Who's needs are met in this case, the defendant or the atty? And would this open up doors for a retrial depending on who's requests are honored? Thanks <3

Based on the one news story that was linked in the other thread, it sounds like he DID waive his right to a speedy trial.

If he had refused to waive his right to a speedy trial despite his attorney telling him that she needed more time to effectively represent him, the court would IMO (without actually researching any Florida case law on this point) have been forced to more forward with a speedy trial and tell counsel that the court would assist in whatever way possible (getting other hearings vacated, getting her off other cases, etc.) to help her focus her attention on this matter.

 

[SurfieTX]

In the defense motion to release the grand jury transcripts, it is stated that CWW mentions something about "the kids was his biggest issue" (Number 23) Can the DCF court hearing information be used in the criminal trial?

 

[AZlawyer]

In the defense motion to release the grand jury transcripts, it is stated that CWW mentions something about "the kids was his biggest issue" (Number 23) Can the DCF court hearing information be used in the criminal trial?

Sure, if anything relevant was said.

 

[ScotAng]

Good morning AZ. Not strictly a legal question, but I'm curious about the wording in the Motion for GJ disclosure. I find it all a bit 'amateurish' for want of a better word.
Though I feel it mostly goes a long way in showing their hand. I guess my question is, is it normal practice to put out there which tack a potential defence is going to take this early in the game? Or could it be just that, part of the game?

The level of speedy discovery throws me at times. UK take note. No wait, we can't take even note of ourselves. Thank you.

 

[AZlawyer]

Good morning AZ. Not strictly a legal question, but I'm curious about the wording in the Motion for GJ disclosure. I find it all a bit 'amateurish' for want of a better word.
Though I feel it mostly goes a long way in showing their hand. I guess my question is, is it normal practice to put out there which tack a potential defence is going to take this early in the game? Or could it be just that, part of the game?

The level of speedy discovery throws me at times. UK take note. No wait, we can't take even note of ourselves. Thank you.

They didn't really say what the defense theory would be--except to challenge CWW's credibility, of course.

I didn't find it amateurish, but maybe a bit of a rush job or something assigned to an assistant to draft. I can't tell if the extraneous-seeming statements (like about AW's supposed burner phone) are just sloppy editing or are a "message" from MS.

 

[FelicityLemon]

Hiya AZlawyer I just posted this in another thread, but it should be here, too. I'll let you choose which thread to answer it, I don't want to be a pitb

If MS should plead guilty and avoid a trial, would any of the information or any of the reports of any of the work performed by the Prosecution team be offered for public consumption? Other than the incredible volumes of documents of work we've seen so far, we all know there are tons more. I kind of hope so, but at the same time, kind of hope not because that would show criminals just what fabulous work can be done to track them and potentially lead them to be ever more deceitful to avoid detection.

Repeating that I'd love love love to see how they put together the complicated puzzle of digital communications.

 

[ScotAng]

They didn't really say what the defense theory would be--except to challenge CWW's credibility, of course.

I didn't find it amateurish, but maybe a bit of a rush job or something assigned to an assistant to draft. I can't tell if the extraneous-seeming statements (like about AW's supposed burner phone) are just sloppy editing or are a "message" from MS.

That's why I thought it amateurish I guess. And if game-playing, it's a potentially dangerous admission of knowledge. Thanks once again for your time.

 

[AZlawyer]

Hiya AZlawyer I just posted this in another thread, but it should be here, too. I'll let you choose which thread to answer it, I don't want to be a pitb

If MS should plead guilty and avoid a trial, would any of the information or any of the reports of any of the work performed by the Prosecution team be offered for public consumption? Other than the incredible volumes of documents of work we've seen so far, we all know there are tons more. I kind of hope so, but at the same time, kind of hope not because that would show criminals just what fabulous work can be done to track them and potentially lead them to be ever more deceitful to avoid detection.

Repeating that I'd love love love to see how they put together the complicated puzzle of digital communications.

Nothing is just "offered"--someone has to ask. A plea deal would not change the ability of media or anyone really to request and obtain copies of public records relating to the investigation.