Death penalty ruled unconstitutional in fl. May effect casey trial.

Discussion in 'Caylee Anthony 2 years old' started by Ives, Jun 27, 2011.

  1. Ives

    Ives New Member

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  3. flourish

    flourish Everything Now

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  4. sherryk

    sherryk New Member

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    To be honest I would be happy with the rest of her life in prison.. even if 40 years.. her youth and being a social butterfly seems so much important to her.. I would like to see her behind bars for ever.. but if she got out when she is misreable and past child bearing age.. old and worn and torn.. I could still be ok with that.

    I want her to suffer... mentally and physically.

    I thought the death penalty issue was that they want the jury to make the decision. I am in Florida and I can tell you that the death penalty will not be off the table here.

    I however do want the stiffest penalty that can be given on whatever charge she is convicted of. If she walks I am going to totally loose the little faith I have in the justice system.
     
  5. gngr~snap

    gngr~snap Verified Professional Pediatric Nurse

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    ~snipped for brevity

    ..."the manner in which Florida courts administer the death sentence does not afford due process to defendants because a judge, not a jury, makes the ultimate decision"....

    ..."Although legal scholars believe the ruling will have limited impact on death sentences,"...
    ...“This is huge breaking news."...
    ... The way the death penalty sentencing is done right now in Florida has just been declared unconstitutional," said Eiglarsh. "Right now, jurors, ...just decide, how many are in favor of death, how many are in favor of not?
    ... “If it’s 7-5, then ultimately the judge then decides whether death is appropriate"...
    ... "Now... under the law,... they are making jurors decide, beyond a reasonable doubt.”...
     
  6. LinasK

    LinasK Verified insider- Mark Dribin case

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  7. grandmaj

    grandmaj Former Member

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    This is the key words guys. Agrravating Factors. I asked this question in the Questions for verified lawyer thread about 5 days ago.

    In this case aggravating factors and mitigating factors, if they were voted on, were not clearly laid out in the decision.


    Aggravating factors and mitigating factors would have to be voted on and a consensus majority vote recorded on each of the factors aggravating and mitigating.

    At least that is the cursory discussion I have heard on this particular case. :)
     
  8. WillenFan21

    WillenFan21 Well-Known Member

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    Amanda Ober AmandaOberWESH
    #CaseyAnthony The defense has officially filed it's motion asking for a mistrial based on a ruling by a fed. judge in South Florida

    www.twitter.com/AmandaOberWESH
     
  9. ColdDayIn

    ColdDayIn New Member

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    Surprise Surprise....:bang:
     
  10. chefmom

    chefmom Seriously! Ancient Aliens!

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    Boy! They REALLY dont want this to get to the jury, do they?
     
  11. Cubby

    Cubby fly the W!

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    I'd guess the DP ruling is irrelevant unless ICA receives the death sentance, no?

    Even when IL abolished the DP, it did not derail anyone's trial, it simply meant the DP was off the table and the defendent could be sentenced to LWOP.

    I suppose they can try, but again I would really think the ruling is irrelevant since ICA has not yet been sentenced.

    jmo
     
  12. Dragonlady

    Dragonlady New Member

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    I believe one of the lawyers here already said that this was for one specific case and circuit.
    Not sure if they can use it for ICA but you can't blame the DT for trying.
     
  13. JimEverett

    JimEverett New Member

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    Assuming the Florida death penalty statute is unconstitutional, what is the basis for mistrial?
    That the jury is a death-panel qualified jury? That doesn't seem like a very strong argument for a mistrial.
     
  14. believe09

    believe09 Active Member

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    At what point does HHJP smack the daylights out of the DT for gumming up the works, or does he have sympathy for them because they have nothing to work with?
     
  15. Horace Finklestein

    Horace Finklestein New Member

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    *sigh* Another activist judge who "knows better" than the citizens. Great. Andrea Lyon must be jumping for joy.
     
  16. Leila

    Leila Active Member

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    Here's a link to Ann Finnell's motion:

    http://www.wftv.com/PDF/28372388/detail.html

    After court was over for the day and after the jury was recessed, HHBP asked if either side had any further business for the court. Ann Finnell brought up her motion and HHBP said the court could hear her motion on Wednesday or Thursday after the defense rests their case.

    My impression is that HHBP doesn't give much importance to AF's motion.
     
  17. QueenD

    QueenD Well-Known Member

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    I ask before the trial thread closed if anyone knew which motion HHJP was talking about. This must have been the one. Boy the DT all of sudden has gotten busy. Nothing like waiting for the 11th hour.
     
  18. donnam

    donnam New Member

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    Is it normal to make a motion for mistrial every time the winds shifts direction?
     
  19. Baznme

    Baznme New Member

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    They're grabbing at straws. It's all they've ever had to work with. I bet they're hoping she doesn't get the short one.
     
  20. LinasK

    LinasK Verified insider- Mark Dribin case

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  21. stg

    stg Active Member

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    I don't believe it was the death penalty statute that was declared unconstitutional in the circuit court, but the means by which it is administered.
     

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