Implications of Huck Case Ruling RE: duct tape on nose and mouth

Discussion in 'Caylee Anthony 2 years old' started by Bobbisangel, May 18, 2010.

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  1. Bobbisangel

    Bobbisangel New Member

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    I found this on another site...it is great!


    Fl. appeals court shoots down most of defense arguments

    --------------------------------------------------------------------------------

    We found a case that is on point in the Florida criminal cases, that involves a ME not being able to say for certain how the victim died, and also involves duct tape.

    Perry v. State, 801 So. 2d 78, 84 (Fla.
    2001); State v. Law, 559 So. 2d 187, 189 (Fla. 1989). "
    IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
    FIFTH DISTRICT
    JULY TERM 2004
    BRENT ROBERT HUCK,
    Appellant,
    v.
    CASE NO. 5D03-1906

    STATE OF FLORIDA,
    Appellee.
    ___________________________________/
    Opinion filed July 16, 2004
    Appeal from the Circuit Court
    for Brevard County,
    David Dugan, Judge.
    Gregory W. Eisenmenger and Robert R. Berry of
    Eisenmenger, Berry & Peters, Melbourne, for
    Appellant.
    Charles J. Crist, Jr., Attorney General, Tallahassee,
    and Kellie A. Nielan, Assistant Attorney General,
    Daytona Beach, for Appellee.
    MONACO, J.
    Brent Robert Huck appeals his convictions for the kidnapping and felony murder of his
    former girlfriend, Misty Morse.

    www.romingerlegal.com/floridacourts
    __________________

    "At trial the medical examiner testified that because of the condition of the body, he was not "one hundred percent" certain of the cause of death. In his opinion, however, the victim
    died "within a reasonable degree of probability" from asphyxia either by the tape on her nose and mouth or from drowning. " Interesting that they did not need to prove exactly, or be married to one particular cause of death.

    . "The State is not required to rebut conclusively every possible variation of events that could be inferred from the
    evidence. Rather, it is the State's obligation to introduce competent substantial evidence that is inconsistent with the defendant's theory of events". Perry v. State, 801 So. 2d 78, 84 (Fla.
    2001); State v. Law, 559 So. 2d 187, 189 (Fla. 1989). "
    Someone better send this to the defense.

    Also, from Huck's attempt to appeal, and say the duct tape did not prove anything - the FL Supreme Court had this to say:
    "More importantly, the assertion that Mr. Huck taped the victim's eyes and mouth shut after she died is not particularly reasonable. The only logical reason to tape her eyes and mouth shut would have been to prevent her from seeing, talking, screaming for help, or breathing while she was alive. There is no logical or reasonable purpose for taping a person's eyes and mouth shut after she is dead."
    __________________
    "The only logical reason to tape her eyes and mouth shut would have been to prevent her from seeing, talking, screaming for help, or breathing while she was alive." FL appeals court
     
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  3. Bobbisangel

    Bobbisangel New Member

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    I'm so glad that you didn't get upset! I just had to bring it over here because it is so important. I got excited reading it because the same thing could happen in this case and just to know that there is a case that has been through the courts and won gave me some peace. I don't want anything to happen that could keep her from getting LWOP or the DP. Thanks again.
     
  4. joypath

    joypath Active Member

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    Just one tiny itty bitty "fly in the ointment": the ME in the Misty Morse homicide case had tape and a body with organ systems to r/o other manners of death, both natural and unnatural vs the Caylee Anthony homicide case where the bones and the tape have to tell the tale! Thus, Caylee's case has to be undetermined.
     
  5. sleutherontheside

    sleutherontheside Retired WS Staff

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    I think we have a thread with quite a few references to Huck. Let me see about getting those merged.
     
  6. Muzikman

    Muzikman ROCKIN!

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    I was hoping this could be used in her trial, but AZLawyer shot me down on that. :(


    But on appeals, it could come into play.
     
  7. logicalgirl

    logicalgirl Peace Hawk

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    But you gotta admit - it was pretty exciting for a few minutes before that!:dance:
     
  8. Bobbisangel

    Bobbisangel New Member

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    I think it is still exciting because it can be used on appeal if it should be needed. I can see Baez doing just that if the duct tape is used as the method of murder.
     
  9. JBean

    JBean Retired WS Administrator

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    don't we have like a thousand threads on this?
     
  10. Bobbisangel

    Bobbisangel New Member

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    Maybe I'm the only one who had never seen it,,,lol
     
  11. BondJamesBond

    BondJamesBond Blunt Instrument

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    We have 23 threads that have posts within them discussing it briefly. Letting this be the Huck Magnet thread for the time being...
     
  12. AZlawyer

    AZlawyer Verified Attorney

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    Just to reiterate what I've said before:

    What the Huck court was saying was that it was OK for the jury in that case to decide that there was no reasonable doubt that the duct tape was placed for the purpose of killing the victim--not that the jury was required to come to that conclusion. I am certain that the Fla. appellate courts would also say that it would be OK for a jury to decide that there WAS a reasonable doubt about why duct tape was applied. The point is that this is the kind of thing that jurors, not appellate judges, are given the power to decide.

    So...if Casey loses the trial, and then appeals based on the argument that the jury was REQUIRED to find a reasonable doubt because the duct tape might have been placed for some other purpose, she will lose because of the Huck opinion. But if the jury ACTUALLY finds reasonable doubt because the duct tape could have been placed to stage a kidnapping or to stem decomp, nothing about Huck would prevent the jury from coming to that conclusion.
     
  13. JBean

    JBean Retired WS Administrator

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    As I have said before, the most interesting thing about the Huck case to me was that while the ME could not say with medical certainty what the cause of death was, he was able to get on the stand and give his expert opinion. This is one of the things that I am waiting for in this case.

    also lets try and keep this thread civil , seems every time we go down this road the thread gets closed. thanks in advance.
     
  14. BondJamesBond

    BondJamesBond Blunt Instrument

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    Closing thread so that we now have the "Huck Case" topic covered in an easy-to-find, brief, made from 100% post-consumer-recyclable-electrons thread.
     
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