Legal Questions for our Verified Lawyers #4

Discussion in 'Caylee Anthony 2 years old' started by Kimster, Jun 20, 2011.

  1. MomCat

    MomCat Overcoming Reality Thru Technology

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    If the Feds or (or FBI, for example) wanted to pursue ICA for kidnap and murder charges, could they do it in Federal court? Would not Federal court constitute different jurisdiction, and thereby bypass the double jeopardy statutes?

    I am asking because I am put in mind of Timothy McVeigh. He was tried first in Federal court, and it was explained at the time that no matter the Fed verdict, even if he was found guilty (as he was), then the State of Oklahoma could have him returned to them and he could be charged a second time, on the same charges. (Oklahoma in the end chose not to go a second trial, deeming it unneeded since he was found guilty in the Fed trial.) *But they could have done it if they wanted to.*

    Or does it come down to "can they/will they"? *ICA has angered so many people, if the State or someone wanted her bad enough and was willing to spend the $$$ to go after her, there must be a way to do it?

    McVeigh had a Federal trial, where he was found guilty, but the State could still have followed up with their trial, without invoking double jeopardy. So, Fed followed by State trial. What prevents this being done in the reverse for ICA? State followed by Federal?
     


  2. AZlawyer

    AZlawyer Verified Attorney

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    They did keep the child abuse charge. The jury found her not guilty of aggravated child abuse and the lesser included charge of child abuse.

    Not every murder is a federal crime. Most aren't, in fact.
     
  3. BetteDavisEyes

    BetteDavisEyes Fasten your seatbelts...

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    My apologies if this has already been asked/answered, but can LE reopen their investigation to find the "real" killer? I realize that the NOT GUILY verdict does not necessarily mean that Casey is innocent, but there is the possibility that someone else was responsible. Thanks for your consideration.
     
  4. AZlawyer

    AZlawyer Verified Attorney

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    They can, but they won't unless some new evidence arises that might lead to another perp.
     
  5. Peliman

    Peliman New Member

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    AZ I don't have a question, you've answered so many. I just wanted to say you are an awesome person. Thanks

    Cheers
    Pel
     
  6. uklaw

    uklaw New Member

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    AZLawyer (and the rest!),

    How can Casey make money from "selling the rights to her story" to be made into a movie? What right is she actually selling?

    Surely any movie producer could make a movie about the life of Casey Anthony without having to pay her? What right does a person have to prohibit people making a documentary in the form of a film (or a film based upon her life) unless they pay her. I can't see anything like copyright and it's not as though a movie about her life is being used to endorse another product. I just don't get it.

    People made a movie about Ted Bundy without paying money to his estate, then there is the film about the Queen of England, Margaret Thatcher ("The Irony Lady"), George W. Bush, Ronald + Nancy Reagan ("The Reagans"). Countless documentaries have been made about Darlie Routier, news stories are published every day about people. None of these people are paid for this or entitled to demand that they be paid.
     
  7. AZlawyer

    AZlawyer Verified Attorney

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    You are absolutely correct. The only thing she has to sell is the right to her "true" story, if she should choose one day to tell it.
     
  8. uklaw

    uklaw New Member

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    OK next obvious question, why on earth are literary agents (who I assume know there business) going around saying that KC can go and sell her rights to a movie deal?

    If you don't know, please just say, I won't blame you.

    LOL
     
  9. AZlawyer

    AZlawyer Verified Attorney

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    I assume they are thinking she would be selling the rights to "Casey's True Story"--i.e., the story she would not tell until and unless she signs the contract.

    BUT I heard ZG's lawyers just noticed Casey's deposition in the civil case. She can't take the 5th anymore, and I'm thinking ZG's lawyers will not be interested in any settlement offers until they get that deposition done, forcing Casey to tell the story under oath and without compensation. :twocents:
     
  10. uklaw

    uklaw New Member

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    Yeah, I posted about that in another thread. I wasn't sure what would be in it for ZFG's attorney's to "force" her to tell her true story. The TH's were also saying she could admit liability and argue that damages were minimal/
     
  11. AZlawyer

    AZlawyer Verified Attorney

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    What would be in it for ZG's attorneys (her name is not ZFG--that's the fake nanny's name) is that they would be famous. :) They have noticed this out as a video deposition, so it will be released and replayed millions of times on the internet.

    She can admit liability and argue that the damages are minimal, but IMO she's still gonna have to get through that depo first. Plus I don't see the point of admitting liability. ZG's case is bad on liability and damages.
     
  12. gmt

    gmt New Member

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    AZLawyer thanks again for the answers,not what I wanted to hear, but love getting the facts first hand. TA
     
  13. uklaw

    uklaw New Member

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    Legally, no point at all. But from the point of protecting value of her "real" story (the "If I Did It" re-run), it would be huge. The only thing I can see if her actual damages may be small but a civil jury may be well minded to award substantial punitives.
     
  14. AZlawyer

    AZlawyer Verified Attorney

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    Only if she could avoid the depo by admitting liability. Which I doubt she can. There's no real procedure in AZ, at least, whereby you could do that.

    Civil juries can no longer give giant punitive damages awards when the actual damages are tiny (or nonexistent), per the US Supreme Court.
     
  15. uklaw

    uklaw New Member

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    BMW v. Al-Gore?
     
  16. AZlawyer

    AZlawyer Verified Attorney

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    Yes, and then more specifically in State Farm Mutual Automobile Insurance Co. v. Campbell, 538 U.S. 408 (2003).
     
  17. ZsaZsa

    ZsaZsa Well-Known Member

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    Bad as in bad for ICA or bad for ZG?
     
  18. Kenziema

    Kenziema New Member

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    I've heard people say that if this had not been a death penalty trial they could have convicted her. Is there any truth to that (being that murder 1 and 2 were both options)?
     
  19. oreo

    oreo New Member

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    The 2010 Florida Statutes(including Special Session A)

    Title XXIX
    PUBLIC HEALTH

    Chapter 406
    MEDICAL EXAMINERS; DISPOSITION OF DEAD BODIES

    View Entire Chapter
    406.12 Duty to report; prohibited acts.—It is the duty of any person in the district where a death occurs, including all municipalities and unincorporated and federal areas, who becomes aware of the death of any person occurring under the circumstances described in s. 406.11 to report such death and circumstances forthwith to the district medical examiner. Any person who knowingly fails or refuses to report such death and circumstances, who refuses to make available prior medical or other information pertinent to the death investigation, or who, without an order from the office of the district medical examiner, willfully touches, removes, or disturbs the body, clothing, or any article upon or near the body, with the intent to alter the evidence or circumstances surrounding the death, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
    History.—s. 7, ch. 70-232; s. 353, ch. 71-136.
    This is the only thing I can find in FL statutes about reporting a death.
     
  20. gngr~snap

    gngr~snap Verified Pediatric Nurse Georgia

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    I have a question. Casey gave police the name ZFG,but when shown a pitcure of her she said no that is not her. Casey was in jaili. Her mom was the one hot footing it all over the place defaming this woman.
    Can't ZFG get em both?
     

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