2009.05.07 - new motion by State to Determine Counsel

Discussion in 'Caylee Anthony 2 years old' started by Muzikman, May 7, 2009.

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  1. Muzikman

    Muzikman ROCKIN!

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    Just filed by the SA office.... Baez better hire someone quick! No more dallying around.


    MOTION FOR DETERMINATION OF COUNSEL PURSUANT TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.112

    COMES NOW the State of Florida, by and through the undersigned Assistant State Attorney, and hereby moves this Honorable Court to determine the existence of counsel qualified pursuant to Florida Rule of Criminal Procedure 3.112(f). As ground therefore, the State of Florida would show that:

    1) The Defendant was indicted by the Grand Jury of Orange County Florida on October 14, 2008 for numerous offenses including Murder in the First Degree, a capital crime.
    2) Thereafter, attorney Terrance Lenamon, ostensibly qualified pursuant to F.R.C.P. 3.112 (f), filed a Notice of Appearance.
    3) Based upon the evidence available at that time, the State filed a Notice of Intent Not to Seek the Penalty of Death, a non-binding document filed for the convenience of the Court and the Defendant.
    4) On December 11, 2008, the remains of Caylee Marie Anthony were discovered.
    5) Based upon new evidence obtained since the remains were found, the State filed itsÂ’ Notice of Intent to Seek the Penalty of Death on April 13, 2009.
    6) Pursuant to conversations with Jose Baez , counsel for the Defendant, the State of Florida understands that Mr. Lenamon is no longer involved in the representation of Miss Anthony.
    7) To date, The State of Florida has not received a Notice of Appearance and Certification of Qualification pursuant to F.R.C.P. 3.112(f) as required under F.R.C.P. 3.112(i) from any other lawyer.

    WHEREFORE, the State of Florida requests this Honorable Court hold a hearing to determine whether qualified counsel has been retained to assure compliance with F.R.C.P. 3.112.


    Download it here -
    http://www.filedropper.com/b1saorja2200905065167801
     
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  3. JSR

    JSR Maybe all one can do is hope to end up with the ri

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    I LOVE THIS!!!!!!!! I've been waiting for the SA to nudge the Court!

    :clap::clap::clap:
     
  4. Insomnia Momma

    Insomnia Momma If not supported by a link it's just what I think!

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    I knew this had to be coming soon.

    Time for Jose to bust out the phone book again...
     
  5. NocturnalLady

    NocturnalLady New Member

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    :clap:

    About time...
     
  6. Robyn623

    Robyn623 Digital Forensics Student

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    Love it! Thanks for the news!
     
  7. WolfmarsGirl

    WolfmarsGirl New Member

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    Ok, so JB is not death-penalty-qualified? Interesting.

    No worries.
     
  8. JSR

    JSR Maybe all one can do is hope to end up with the ri

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    For review:

    RULE 3.112. MINIMUM STANDARDS FOR ATTORNEYS IN CAPITAL CASES

    (f) Lead Counsel. Lead trial counsel assignments should be given to attorneys who:

    (1) are members of the bar admitted to practice in the jurisdiction or admitted to practice pro hac vice; and

    (2) are experienced and active trial practitioners with at least five years of litigation experience in the field of criminal law; and

    (3) have prior experience as lead counsel in no fewer than nine state or federal jury trials of serious and complex cases which were tried to completion, as well as prior experience as lead defense counsel or cocounsel in at least two state or federal cases tried to completion in which the death penalty was sought.


    In addition, of the nine jury trials which were tried to completion, the attorney should have been lead counsel in at least three cases in which the charge was murder; or alternatively, of the nine jury trials, at least one was a murder trial and an additional five were felony jury trials; and

    (4) are familiar with the practice and procedure of the criminal courts of the jurisdiction; and

    (5) are familiar with and experienced in the utilization of expert witnesses and evidence, including but not limited to psychiatric and forensic evidence; and

    (6) have demonstrated the necessary proficiency and commitment which exemplify the quality of representation appropriate to capital cases, including but not limited to the investigation and presentation of evidence in mitigation of the death penalty; and

    (7) have attended within the last two years a continuing legal education program of at least twelve hours’ duration devoted specifically to the defense of capital cases. Attorneys who do not meet the continuing legal education requirement on July 1, 2002, shall have until March 1, 2003, in which to satisfy the continuing legal education requirement.


    (i) Notice of Appearance. An attorney who is retained or appointed in place of the Public Defender to represent a defendant in a capital case shall immediately file a notice of appearance certifying that he or she meets the qualifications of this rule. If the office of the Public Defender is appointed to represent the defendant, the public defender shall certify that the assistants assigned as lead and cocounsel meet the requirements of this rule. A notice of appearance filed under this rule shall be served on the defendant.
     
  9. RR0004

    RR0004 New Member

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    He can still be her attorney (one of many from the looks of it)...just not THE (first chair) attorney.
     
  10. RR0004

    RR0004 New Member

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    Wonder if LKB will be the go-to gal.
     
  11. JSR

    JSR Maybe all one can do is hope to end up with the ri

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    She'll have to be. For as long as she stays on the case. I am still not convinced she'll stay on until trial. I don't think she can control JB's antics.
     
  12. Paintr

    Paintr New Member

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    Looks as if we are not the only ones wondering just who is the DP qualified attorny to lead this case to trial.
    :clap::clap::clap:
     
  13. WolfmarsGirl

    WolfmarsGirl New Member

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    OK, thanks. So, they do have to hire at least one more attorney.
     
  14. PattyCake

    PattyCake Gypsy By Heart

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    About time. Geez. This is a dp case and the prosecution cannot risk having a successful conviction then be thwarted by appeals because counsel didn't have enough time to prepare or whatever other excuse can be used in appeals.

    Sorry Baez, gravy train is over for you.......................
     
  15. SoCalSleuth

    SoCalSleuth Verified Expert

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    The problem here is that JB filed an extremely important motion to change venue without having a DP certified counsel on board. No can do. That alone would require reversal if there were a conviction.
     
  16. NSS

    NSS Well-Known Member

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    If LKB is to be lead counsel, KC is in trouble. Her harsh tone and brash manner will not garner sympathy for the client.

    LKB does well at talking science - well she is a great obsfucator in that arena, but her expertise stops there.
    IMHO.
     
  17. Trapshooter

    Trapshooter New Member

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    I will be anxious to hear JB whining about this! :D
     
  18. zoomom

    zoomom Love, Chaos, & Supper

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    For Reals???
     
  19. Muzikman

    Muzikman ROCKIN!

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    A little tidbit that came with the email about this motion, which I think says a lot:

    Late this afternoon, the State filed the below document with the Orange County Clerk of Courts.

    While the State understands the importance of this information to the community, this office does not want to create the type of publicity that would lead to a change of venue. Therefore, we will not comment further on the case itself.
     
  20. Sprout

    Sprout New Member

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    Game on...

    Point for SA.
     
  21. RR0004

    RR0004 New Member

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    I agree...still wonder if her bill has been paid.
     
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