Legal Questions for our Verified Lawyers #4

[Aqua_Green_Bean]

Not that I think or expect something like this to happen, but I am just curious about the process in general, so my question is really about any jury trial, not just this specific one.

If all 12 members of the jury somehow got together and wrote a letter saying that they were unclear of the rules, did not understand the charges, did not know they could ask questions and unanimiously said that because of their ignorance on the subject made the wrong decision, could that be cause for a retrial? What if they all said "Oh we thought we were voting on sentencing her to death, we didn't realize we were voting on a charge or that there were lesser charges she could have been guilty of. We didn't read any of the instructions, we just voted." Is there any example that could cause any jurys not-guilty verdict to be overturned?

Again, not that I think that would or should happen, just curious if it ever could in any jury trial.

 

[KenoshaKid]

Given the release date, it looks like HHJP didn't take into consideration the time served for check charges. Why didn't he start time served on these new charges to begin after time served for the check charges?

 

[Dr.Fessel]

I don't know where to find the law or rule but I am seeing on the net that you should only get time served when you are being held in jail on that charge.

Casey was not being held in jail on the lying charges, she had been bailed out on those. She was being held on the 1st degree murder charge.

Adam Lloyd Pollack

Adam Lloyd Pollack
Contributor Level 6
Posted about 1 year ago. This attorney is licensed in Florida.
A motion to correct sentence can be filed at any time. You are correct that the law says that the court must give credit for time served. However, a careful analysis of where and when your husband was incarcerated will help to deliver the answer to your question. The rule is that you can only get time for a charge if that charge is holding you and you have not gotten credit for that time in another case. In your husband's situation, because he was found not guilty, the time that he spent in jail logically should be applied to his probation violation unless he had bonded out of jail on his vop. As you can see, there are documents that need to be examined to properly answer your question.

http://www.avvo.com/legal-answers/d...husband-have-to-g-264143.html?ref=qad_related

 

[sheri21]

Is Judge Perry allowed to say what his true feelings are? Could he say, "I found this to be astounding and do not agree" or is he bound to say nothing.

I feel by him saying "Little Caylee Marie Anthony" he was speaking "loud and clear". He says her name with such sadness.

 

[Nore]

Hi! First thanks to all for your never ending help.

Can the IRS arrest kc. for non payment of taxes?
Thanks so much. You are sooo deeply appreciated.

 

[Katprint]

Given the release date, it looks like HHJP didn't take into consideration the time served for check charges. Why didn't he start time served on these new charges to begin after time served for the check charges?

ITA. The check charges were completely unrelated to the false statements charges, so the time served in jail thus far should NOT be credited for both concurrently. There may be some "good behavior" type of credits factoring into this.

Calculating credit for time served can be complicated!

Katprint
Always only my own opinions

 

[Katprint]

Hi! First thanks to all for your never ending help.

Can the IRS arrest kc. for non payment of taxes?
Thanks so much. You are sooo deeply appreciated.

Casey will probably be able to avoid formal IRS prosecution by paying the taxes due out of whatever huge pile of money she gets from media interviews, book deals, movie rights, etc. It is unlikely a person imprisoned in jail who never actually personally possessed the money/income creating the tax obligation would be convicted of crimes related to willfully failing to pay their taxes, especially if they paid those taxes as soon as they had the money to do so. It was really BAEZ who failed to pay the taxes because it would have reduced the pool of money to pay his fees, legal expenses, etc.

Katprint
Always only my own opinions

 

[LambChop]

Whose responsibility was it to pay IRS if KC was in jail at the time? And if KC signed an agreement for JB to handle her money and he neglectfully failed to take out for taxes is this a serious enough issue for the Florida Bar to investigate where that money went???

 

[jh7221]

I've scanned this subforum and can't find anything on the following. Please forgive me if I missed something.

I'm wondering if the sealed records pertaining to what prompted the psychiatric evaluations and the finding of those psychiatrists will ever be made public?

 

[Ninsi]

Can Casey be brought up on ANY additional charges---federal civil rights, federal perjury, state perjury, state--additional counts for lying-- to investigators, within police reports, to the grand jury, ANYTHING? I hope you answer in the affirmative.

Also, is it true that only a spouse, child or parent of the victim file a civil case?

 

[coup de grace]

Why didn't the judge in your opinions not choose to run CA's sentence concurrent as one of the only remedies left to send her a message? The TH's alluded he had the choice. Politics?

Why in the world didn't Judge Perry make a statement at time of sentencing as to his own feelings on the matter, like we see so often in other cases??

Why didn't Perry investigate or question the jury wanting to see the heart sticker evidence? Wasn't that suspicious or improper in retrospect?

Also, what is the validity to the claim that Perry at the time of verdict could have overrid the verdict if done immediantly?

Thanks in advance.

 

[Horace Finklestein]

-How was it possible to use the abuse angle in the opening statement then be prohibited from using it in the closing due to lack of evidence? Seems like that would affect the trial somehow or their ability to use the sex abuse as a defense "theory".

-How could there not be a mistrial or something when a witness is caught lying to cover for the defendant? (CA and computer searches).

-Also - any opinions on whether this may have gone better for the SA if Judge Strickland got things moving and got this to trial sooner?

 

[rotterdam]

I thought there was a remark made by the DT that they might file for false incarceration of KC. The current sentencing that remarkably almost matches time already served, looks like that such a suit surely would be moot. Is that just a coincidence and/or crafted by the State to avoid such a law suit?

 

[allycat1208]

Can TL, AH and JG sue GA, CA and LA for defamation since they were implying one of them was responsible for abducting Caylee? If so, would they normally wait until after KC's murder trial was over to know the verdict? I thought the reason they all obtained attorneys were because of the implications that the Anthony's made on their possible involvement. Why else did TL, AH and JG have attorneys and what did these attorneys do for them since they were hired?

 

[donnam]

Why would he want to? It would make him look unprofessional, IMO.
We don't know what he thinks... he could very well agree with the verdict, for all we know.

AZ and all the other lawyers, I've learned so much from you all. Just wanted to thank you all for your patience.
(And I agree with AZ that the ZG lawsuit has very little to no merit whatsoever. I think the woman just wanted her 15 minutes and possibly some money. And I think her lawyer is a crook. JMO.

I said "IF".

 

[askfornina]

posted this in another thread, but i figure a lawyer may know. is it confirmed that the jury did not have some or all of the evidence in the room with them and had to specifically ask for evidence? i have heard the rumor that they never asked for evidence to look at, but i have also heard (and was very much under the impression) they had certain pieces of evidence or all evidence in the deliberation room with them. what generally occurs?

 

[Albion]

I posted on this topic on another thread... but thought I'd post it here as well.

Its about Double Jeopardy. In the UK a bill was passed in 2003 to allow re-trial in serious cases but specifically only where significant new evidence comes to light following the initial trial/acquittal. See the wiki page here for more on the bill (scroll down to the UK section):

[ame="http://en.wikipedia.org/wiki/Double_jeopardy"]Double jeopardy - Wikipedia, the free encyclopedia@@AMEPARAM@@/wiki/File:Scale_of_justice_2.svg" class="image" title="Scales of justice"><img alt="Scales of justice" src="http://upload.wikimedia.org/wikipedia/commons/thumb/0/0e/Scale_of_justice_2.svg/100px-Scale_of_justice_2.svg.png"@@AMEPARAM@@commons/thumb/0/0e/Scale_of_justice_2.svg/100px-Scale_of_justice_2.svg.png[/ame]

You'll see it is retrospective - so that cases prior to the date of the new bill come under its influence as well as those after the date.

My question is, do you think any similar law could ever happen in the US? Or would it simply be too difficult given the constitutional issues. Certainly it was one case (the Stephen Lawrence case) that really brought the change in law in the UK. Could something like the Casey Anthony trial have a similar knock on effect in the US vis a vis double jeopardy?

Interested in your views. Thank you!

 

[allycat1208]

Why would Baez reserve his right to appeal to the lying to law enforcement charges since she will get out of jail so soon anyway?

 

[mombomb]

ICA was served with papers in jail the other night by John Morgan requiring her to sit for a video deposition on July 19 in the ZG case. I just half way heard something on WESH that it is highly unlikely that she will ever sit for this deposition, that she doesn't even have a lawyer in the case - and that it will probably be extended indefinitely.

I believe the trial is set for August. How can she not show for the depo because she doesn't have an attorney? I was so hoping this might be an opportunity to at least get some version of lies on the record before she goes off and sells her "true story". I understand that the case has very little merit, but it still exists, and has existed for a long while, and she WAS served. Will this just go away like everything else?

TIA for all you guys continue to do to help us.

 

[miabellamoure]

While everyone else joins the "sue Casey" train...does GA have any recourse to take Casey and/or Baez for any future slander in their articles, books or movies?

I think I read somewhere that he would not have recourse for what was brought out at the time of the trial but, what about after the trial?

I don't hold a lot of sympathies for the Anthony's but, I do feel for someone who is left with this kind of scarlett letter to bear in the aftermath, especially for a man.