Legal Questions for our Verified Lawyers #4

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

  1. AZlawyer

    AZlawyer Verified Attorney

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    Correct. What an attorney says in the opening statement does not bind his client.

    Sure, if you get an admission from someone on the stand, it can be used against them at a later time. It is on the record. It is official. It is ALSO hearsay :) but would become non-hearsay if used to impeach the person's later testimony down the road.

    Sexual abuse evidence, if any had existed, would have been "allowed in." JB didn't present any such evidence, so he wasn't allowed to talk about it in closing argument. He would have been allowed to present the evidence, but he didn't have any.

    What you quoted in your earlier post about Cindy certainly would not be enough to bring charges of sexual abuse against Cindy, if that's what you're asking.

    Excellent question and one I have been asking myself all day.

    She had already served that time before she was sentenced for the check fraud charges on January 25, 2010. She has served 1.5 years since then. Technically she could get another 2.5 tomorrow, but HHJP would have to give her the max.
     


  2. Quiche

    Quiche Well-Known Member

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    Will she have any restrictions if she's released-- probation or parole?
     
  3. Nikki 01

    Nikki 01 New Member

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    Would anything prevent Judge Perry from ever commenting on this case if he wanted? I imagine it would be inappropriate to comment (to say the least) if she was found guilty, but since she is acquitted can he share his thoughts?
     
  4. TUSK

    TUSK New Member

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    wasn't kc guilty of 13 crimes and strickland sentenced her on 6,
    withholding sentencing on the other 7 to a later date. does perry now
    sentence her on those or are they just forgotten?
     
  5. AZlawyer

    AZlawyer Verified Attorney

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    You didn't see the video. Definitely not. It was sealed. But we read such detailed descriptions of it that I feel like I saw it too.

    Maybe. IIRC her probation on the check charges was not supposed to begin until her release anyway.

    I think it would be unprofessional for him to comment on the verdict.

    My understanding of how this works is that the other charges will be dismissed if and when Casey successfully completes her probation.
     
  6. wallflower67

    wallflower67 Member

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    I haven't read to the end of this thread so I don't know if anyone has asked. I know she'll probably get out on Thursday, due to time served on her lying to the police charges. I know if JP goes overboard and sentences her to serve her time consecutively, she could probably appeal and win.

    But....any chance the judge could sentence her to a year or two of probation on top of her time served? I wonder if she could adhere to some of the standard rules, like no alcohol in the house, random urine tests, etc.
     
  7. reeseeva

    reeseeva Well-Known Member

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    Has a "verdict" of not guilty, ever been overturned, in a Capital Murder case? If the Jury was improperly instructed, or failed to be adequately instructed, to understand fully the high standard of "reasonable doubt"?

    ETA What about Jury Tampering? Has that ever been proven and is it grounds to overturn a verdict?

    I also don't think Mr. Mason should have been allowed to take so much time explaining what "reasonable doubt" is. He is not the Judge. I heard Judge Alex Feraire say tonight, that he also, didn't agree, that Baez should have been allowed to yell at the jurors about all the resonable doubt, what it is, and what they should do.

    Thanks to All....
     
  8. miss plum

    miss plum New Member

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    Can GA and CA still have ICA charged with stealing from them, and can they sue her to recover stolen monies? (Assuming they could overcome their codependency and/or get sufficiently outraged if she is swanning around flush with cash while they live twilit lives of poverty and sorrow.) Can SP still press charges? Or is there a statute of limitations that would prevent this?
    If they did, and she was guilty of further felony fraud/theft charges, would she go to prison again?
     
  9. MyTinkieGirl

    MyTinkieGirl Well-Known Member

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    Only read back a few pages....Humor me...Obstruction of Justice/Impeding Investigation?

    We're tenacious little buggers, aren't we??? LOL

    Thanks...I'm betting the answer is a resounding NO!!
     
  10. Kentjbkent

    Kentjbkent DELETE ACCOUNT

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    At the time the trial was scheduled for the CHECK FRAUD, it was discussed that the timing of this trial (before murder trial) was very advantageous to the State since Casey would then be a Convicted Felon by the time this trial started.

    So I keep hearing a possibility of 4 years for the guilty verdicts she did receive yesterday, but will the fact that she was a Convicted Felon at the time she was convicted yesterday affect her sentencing?



    Did I make sense? I am still foggy headed and wondering if yesterday really happened? :waitasec:
     
  11. logicalgirl

    logicalgirl Peace Hawk

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    Hi AZLawyer, would you please comment on the following quote and is Baez going to get into hot water with the Judicial Body that approves expenses when Baez was apparently being frivolous with their funds on investigative costs for investigating people who apparently did not need to be investigated?

     
  12. Kentjbkent

    Kentjbkent DELETE ACCOUNT

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    Just wanted to make sure this question was picked up....I have been wondering same thing now that jurors are starting to talk...for a price!
     
  13. Bainbridge

    Bainbridge New Member

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    Hi, was wondering if Cheney Mason could get reprimanded by the Florida Bar and/or JBP for his little "gesture" to the media yesterday?
     
  14. Ambiance

    Ambiance New Member

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    Could Casey have confessed to an accident, provided a detailed deposition, evidence perhaps, before the murder 1 trial?
     
  15. Fluffy Puppy

    Fluffy Puppy Active Member

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    Hoping you can answer for me: if her "time served" was applied to her check fraud charges, can those days served also be used for the lying-to-LE conviction? In other words, can she use that time twice, for two separate sets of crimes, even though the crimes were not related?

    Or, could the lying-to-LE time run consecutive to the check fraud sentence?
     
  16. TakingALook

    TakingALook New Member

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    Lawyers, something just hit me and I have to ask should this arise.

    What happens when ICA is released and she tells her parents that she wants Caylee's Ashes?

    If CA refuses to give them to her, will she have any type of legal recourse?

    I would hope that she never gets them as they might end up right back in the woods. Sry. TIA
     
  17. Decatur Doll

    Decatur Doll New Member

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    If I recall, during the pre-trial phase the court ruled that the video of KC viewing the televised finding of Caylee's remains would be sealed and could not be used during the trial. I cannot recall the reason but presume it was deemed prejudicial in some way.
    Could that video be released now? Could the news media, always happy to go after hidden stuff, file a motion to have that unsealed now?
     
  18. donnam

    donnam New Member

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    If JP think KC is indeed guilty of murder, can he say that to her during the sentencing? Is he legally allowed to give his opinion after the fact?

    TIA
     
  19. Panda's eye

    Panda's eye Member

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    I wanted to ask a question ( and excuse me if it has already been answered )but as Cindy was suppose to have gotten an exclusive Legal " trademark to the name of Caylee Marie Anthony and or phrase of Justice for Caylee. Now that the Trial is over, can there be any Law suits against anyone that uses the name or phrase? Do we need to start using other words to talk about this case in the future?
     
  20. Decatur Doll

    Decatur Doll New Member

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    And who owns the pictures/videos of Caylee that are still at the Anthony house or in CA's possession somewhere? Who would get to make money from them--KC or CA?
     

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