Jodi Arias Legal Question and Answer Thread *no discussion*

Discussion in 'Travis Alexander Trial - The State vs. Jodi Arias' started by nursebeeme, Jan 30, 2013.

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  1. Spellbound

    Spellbound falsus in uno, falsus in omnibus

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    I need a refresher. Do you know if Nurmi has been death penalty qualified throughout this trial? Why were two attorneys assigned? (Because of the high profile nature?) was it necessary for both lawyers to be DP qualified?

    Thanks
    ----

    thanks AZlawyer. I see you answered these in the Sidebar thread. Appreciate all you do!
     
  2. AZlawyer

    AZlawyer Verified Attorney

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    In a capital case in AZ, the defendant is entitled to 2 attorneys. One has to be qualified as "lead counsel" and one as "co-counsel." Here are the requirements:

    Rule 6.8. Standards for appointment and performance of counsel in capital cases.

    a. General. To be eligible for appointment in a capital case, an attorney
    (1) Shall have been a member in good standing of the State Bar of Arizona for at least five years immediately preceding the appointment;
    (2) Shall have practiced in the area of state criminal litigation for three years immediately preceding the appointment; and
    (3) Shall have demonstrated the necessary proficiency and commitment which exemplify the quality of representation appropriate to capital cases.

    b. Trial Counsel.

    (1) Lead counsel. To be eligible for appointment as lead counsel, an attorney must meet the qualifications set forth in section (a) of this rule and the following:
    (i) Shall have practiced in the area of state criminal litigation for five years immediately preceding the appointment;
    (ii) Shall have been lead counsel in at least nine felony jury trials that were tried to completion and have been lead counsel or co-counsel in at least one capital murder jury trial;
    (iii) Shall be familiar with and guided by the performance standards in the 2003 American Bar Association Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases; and
    (iv) Shall have attended and successfully completed, within one year prior to the initial appointment, at least six hours of relevant training or educational programs in the area of capital defense, and within one year prior to any subsequent appointment, at least twelve hours of relevant training or educational programs in the area of criminal defense.

    (2) Co-counsel. To be eligible for appointment as co-counsel, an attorney must be a member in good standing of the State Bar of Arizona and shall have attended and successfully completed, within one year prior to the initial appointment, at least six hours of relevant training or educational programs in the area of capital defense, and within one year prior to any subsequent appointment, at least twelve hours of relevant training or educational programs in the area of criminal defense. Section (b)(1)(iii) applies to co-counsel.

    Nurmi must have been qualified as one or the other at the time of appointment, and I think he was appointed as lead.

    I don't think JSS would want to release Nurmi as advisory counsel, because she needs a DP-qualified team of lead counsel and co-counsel who can step right in if Jodi loses confidence in her own brilliance.
     
  3. kolokolo

    kolokolo New Member

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    Mahalo AZ I appreciate all the information you provide.
     
  4. Love Never Fails

    Love Never Fails Well-Known Member

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    Question for AZlawyer. Since Juan asked for sanctions against JA while she was self representing, will this matter now be dropped or can she still be sanctioned? I am left to wonder if she removed herself from self representation as a way of playing games with JM, so that no sanctions could be imposed?

    I am not concerned with the reason JM brought the request for sanctions. I just want to know if JA will be held responsible in court for things she has done while self representing?
     
  5. AZlawyer

    AZlawyer Verified Attorney

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    The only motion for sanctions I know of is this one: View attachment JA.pdf .

    This was not really a motion for sanctions but a motion to compel the witness contact info, with a request for sanctions IF the info was not provided. And the sanctions requested were that the witnesses would not be allowed to testify.

    That motion has already been ruled upon. The judge made sure JM would get to interview the witnesses, so no sanctions were necessary. So the matter will not be "dropped," but it has been resolved, and IIRC it was resolved prior to her decision to stop representing herself.

    Yes, JA is responsible for whatever happened while she was representing herself, but there is no pending motion that I'm aware of regarding sanctions.
     
  6. Love Never Fails

    Love Never Fails Well-Known Member

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    Thank you so much! I am so glad you are here with us. My mind can get "scrambled" by the things JA does. :)
     
  7. LambChop

    LambChop Former Member

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