jodi Arias TAKES THE STAND #49 *may contain graphic and adult content*

[zoey]

I

I find it odd that Juan uses the word pedestrian to describe dull activities

I still remember opine being the word during the on oj trial

 

[G&AMom]

I'm not sure about the weather in Arizona, I am a Texas gal myself, but I can tell you the month of August in Texas is hotter than a cat on a hot tin roof...cook eggs on sidealk hot, and here in h-town, humid...

eta, ya, I laughed when Jodi said she never thought of it lol

I live in the D.C. area and it often surprises people to find out how bad our summers are. It is not uncommon for a weather map of the U.S. to show it hotter in D.C. than anywhere in the country -- except, you guessed it, Arizona. That was sort of what prompted my question.

Not that we have the worst weather. It does get miserable here, but we don't have as many days of it as the deep South/Texas.

 

[seguek9]

There's no duty to retreat.

I was JUST going to ask if AZ had this...thank you

 

[Karmady]

I think this is the original special action declined by the court of appeals.

http://apps.supremecourt.az.gov/aacc/1ca/1capartyindex.htm

eta: I see the link only gives the full list. If you scroll down to her name and hit the hyperlink, the case history will come up.

 

[KBisMe]

Thanks. According to that article, it was filed in the Court of Appeals in late January. The Court of Appeals denied the special action, and now they are seeking further review by the Arizona Supreme Court, where I'm sure it will similarly be denied.

The article says the Arizona Supreme Court denied it today. Here's part of an article from a different site.

BBM

Jodi Arias' effort to get the death penalty option in her murder case temporarily set aside was met Friday with a swift rejection from the Arizona Supreme Court in a one-sentence response denying the motion filed just hours earlier.

http://news.yahoo.com/arias-seeks-d...=twitterfeed&utm_medium=twitter&utm_term=utah

It sounds like it got to the Arizona Supreme Court today and they denied the motion a few hours later? Are these types of motions typical in DP cases or could this motion to the AZ Supreme Court be an indication that they don't think it's going well?

 

[minor4th]

MESA, AZ (CBS5) -
In Arizona, the "No Duty to Retreat" law says if you are legally somewhere like your home you do not have to try to escape or retreat to legally defend yourself, but a Mesa family says the law is being misused as a way to get out of murder.


http://www.kpho.com/story/17235704/mesa-family-claims-a-law-is-letting-a-killer-go-free



Haven't looked any further yet, but this sounds like you have to be in your own home.

Here's the part of the jury instruction on self defense relating to a duty to retreat:

A defendant has no duty to retreat before threatening or using deadly physical force in self-defense if the defendant:

1. Had a legal right to be in the place where the use or threatened deadly physical force in self-defense occurred; and

2. Was not engaged in an unlawful act at the time when the use or threatened deadly physical force in self-defense occurred.

http://www.azbar.org/media/292098/2011_cumulative_supplement.pdf

So my guess is Defense wants this instruction included in the jury instructions, but the State is arguing that Jodi was not lawfully in Travis' home once she began attacking him, so they would argue that this instruction on "no duty to retreat" would not apply to her.

 

[jon_burrows]

I've heard/read JM being criticized several times last night and today for spending too long on seemingly insignificant details when he should be (insert what critic says he should have done).

In listening to some of the testimony again (and even yesterday, live) any of these issues could have taken moments but for JA.

She fought him on nearly every answer - especially if he wanted a 'yes or no' response, she even disputed him on semantics.

For example, on the braids issue and whether she thought they were hot. He played the tape where, not only was she the one who brought them up in the first place, she then said, unequivocally, on her own furtive recording - that she thought they were hot.

So, yes, she thought they were hot. It took JM several questions for her to admit to what everyone JUST heard her say - and even then, she wouldn't admit it with a simple yes. I thought it was an embarrassing moment for her and an annoying one for everyone else.

JA made the issue tedious, not JM. She only answers yes or no willingly when she thinks it's irrelevant or is helpful to her.

ITA - I could not believe JM had to play the 'braids' audio twice to get her to admit that she said the braids were hot. ullhair:

 

[minor4th]

The article says the Arizona Supreme Court denied it today. Here's part of an article from a different site.

BBM

Jodi Arias' effort to get the death penalty option in her murder case temporarily set aside was met Friday with a swift rejection from the Arizona Supreme Court in a one-sentence response denying the motion filed just hours earlier.

http://news.yahoo.com/arias-seeks-d...=twitterfeed&utm_medium=twitter&utm_term=utah

It sounds like it got to the Arizona Supreme Court today and they denied the motion a few hours later? Are these types of motions typical in DP cases or could this motion to the AZ Supreme Court be an indication that they don't think it's going well?

The AZ Supreme Court denied her stay, but it's not clear whether they have already ruled on her special action (interlocutory appeal).

I am not an Arizona attorney, but I have practiced in Arizona on a couple of cases by being admitted pro had vice (just means you're admitted to the AZ bar temporarily for a particular case). In the cases I was involved in, there were several special actions filed before there was a final verdict -- I think AZ makes it pretty easy to bring interlocutory appeals, so I would guess this is fairly common.

Maybe AZLawyer can speak about this more coherently.

 

[SwampMama]

My husband has never been interested in these case's before but has taken an interest in this one. For some reason the sex part grabbed his attention. He has even chanted Jodi,jodi..He thinks she's as crazy as a mad Hatter and was the aggressor.

Mr Swamp does not get interested in my cases either. However, my son and his gf who is also an avid WS'er (aka askfornina) are staying with us for about 2 weeks so I have someone in house to share all of this trial with.

We have watched some of the trial and have mutually neglected Mr Swamp and my son during crucial moments. At one point I even offered Mr Swamp $10 to go away and leave us alone and buy his lunch because he was interrupting us by expecting lunch.

My son is resigned to his fate and his gf has trained him well about how to behave when an important trial is happening! Good job !!! I am proud of her and was so thrilled when I found she was an avid WS'er like me.

 

[seguek9]

Where I live we do not have "Duty to retreat/defend" laws....if someone threatened me/or I felt threatened in my home I could fill 'em full of lead if need be....of course, I better have darn good reason for doing so...

JA has no self defense case. Period. Moo.... Imo...remember-she was in HIS house....:cow:

 

[atthelake]

I do remember that . . . .

I think she did say something about bringing up taking pics of TA to show off his new physique and buff body for the Cancun trip. . . . .this seemed to cheer him up (or get him in a better mood).

Strange that they were hanging out in his office after all the sexcapades - she remembered to give him the pictures on disc that she had been carrying around in her briefcase and they were scratched. He threw the disc @ the wall - bouncing and bouncing onto her head as she lay on the floor.

She had showered but he hadn't showered yet? . . . . then he wants to go have pictures taken of him in the shower? . . . . He hated that picture that she snapped of him looking straight @ the camera in the shower (testified to early on) . . . . when did TA actually see this picture? . . . . during the 3 minutes it took to stab him 27 times, nearly decapitate him, and shoot him in the head - dragging him back to the shower, washing him off and then deleting all the pictures?

I somehow missed that he said that he did not like that picture. I was multitasking I missed it! Thank you for putting it up again. perhaps we can all send that to Nancy Grace and others that are asking for discrepancies right now.

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[zoey]

I've lived in AZ my entire life and you're right. We stay indoors from the end of May until the end of September. Most of the restaurants are packed in the evenings. It's too hot to cook, so you go somewhere else. My husband and I go out for dinner more in the summer because the oven makes the house hot.

I live in Seattle area and dream of sun :blushing: granted August is generally our little summer. Hats it when peeps complain about sun and hope for rain. I'm so over:blushing: rain.

 

[Steely Dan]

Mr Swamp does not get interested in my cases either. However, my son and his gf who is also an avid WS'er (aka askfornina) are staying with us for about 2 weeks so I have someone in house to share all of this trial with.

We have watched some of the trial and have mutually neglected Mr Swamp and my son during crucial moments. At one point I even offered Mr Swamp $10 to go away and leave us alone and buy his lunch because he was interrupting us by expecting lunch.

My son is resigned to his fate and his gf has trained him well about how to behave when an important trial is happening! Good job !!! I am proud of her and was so thrilled when I found she was an avid WS'er like me.

I'm disappointed in you SM. I figured a woman who wrestles alligators would have a better solution to an annoying husband than a $10 bill. :floorlaugh:

 

[G&AMom]

The AZ Supreme Court denied her stay, but it's not clear whether they have already ruled on her special action (interlocutory appeal).

I am not an Arizona attorney, but I have practiced in Arizona on a couple of cases by being admitted pro had vice (just means you're admitted to the AZ bar temporarily for a particular case). In the cases I was involved in, there were several special actions filed before there was a final verdict -- I think AZ makes it pretty easy to bring interlocutory appeals, so I would guess this is fairly common.

Maybe AZLawyer can speak about this more coherently.

Minor, I had a question about this motion. I think what they are arguing is that they want to postpone (until a full hearing) talking about the "aggravating" factors that would allow a DP sentence.

Does that mean they don't want to actually talk about the murder itself? That we're all agreed she killed him but we're not going to have question-and-answer about guns, knives, etc., until we have this full hearing?

 

[jevipo74]

I live in Seattle area and dream of sun :blushing: granted August is generally our little summer. Hats it when peeps complain about sun and hope for rain. I'm so over:blushing: rain.

You should have seen it here on Wednesday when it snowed in some parts of Phoenix.

 

[Zuri]

Does anyone else get the feeling Miz Arias maliciously destroyed people's property as well as stole when she was snooping?

1. BMW was left in gear and destroyed behind her U-Haul. She says that the "U-Haul guy" gave her the keys and she took off--keys wouldn't come out if car in gear. Oops!

2. Disc with Travis' pictures scratched and useless

3. we all know about the slashed tires

4. "I dropped a lot of glasses at Travis'" I have no idea what this means--she's either just being obtuse in response to Juan's question, or she has a problem not breaking things in the kitchen

5. She stole Travis' journals--ultimate intrusion

ITA. I think that the "dropped glasses" were probably thrown glasses, if it was actually true. She is so deceptive, I don't believe anything she says.

 

[JusticeJunkie]

Here's the part of the jury instruction on self defense relating to a duty to retreat:



http://www.azbar.org/media/292098/2011_cumulative_supplement.pdf

So my guess is Defense wants this instruction included in the jury instructions, but the State is arguing that Jodi was not lawfully in Travis' home once she began attacking him, so they would argue that this instruction on "no duty to retreat" would not apply to her.

Thank you minor. It's so nice to have actual attorneys here to help us through the legal wrangling. You're good to help us here and on the attorney thread. Thx

 

[mollyf]

Well, the better half is mad at me for being so interested in this trial. I told him I would not lurk on this forum over the weekend. I am going to have major withdrawals (sp???).
He keeps saying - 'why are you so interested, it is so cut and dry'. Good question but I am totally addicted. I am sneaking a few lurks in while I can.

My DH was similar. He's worried about me—to him it looks like a done deal, no chance in heck she'll get anything less than the DP. He says, "Oh, no, are you on that site again?"

This morning DH asked me if I could look up the Oscar Pistorius case here to see if I could find some answers for a couple questions he has about that one.

 

[zoey]

Where I live we do not have "Duty to retreat/defend" laws....if someone threatened me/or I felt threatened in my home I could fill 'em full of lead if need be....of course, I better have darn good reason for doing so...

JA has no self defense case. Period. Moo.... Imo...remember-she was in HIS house....:cow:

What I found interesting yesterday was ja stating she would never raise her voice in Bianca's house. She would respect it----yet I believe she raised her voice in Travis house. Again double standard

 

[atthelake]

If he (Matt) has anything to do with the magazine stuff, maybe that's why the defence seemed blindsighted by his entering into evidence? Maybe they didn't expect him to pre-empt them with that evidence?

I haven't been keeping up and missed it. Where did these magazines come from? I thought they were from and make you and made an assumed that somebody on the staff at the prison cop this? Thank you in advance.

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