Legal Questions for our Verified Lawyers #4

[AZlawyer]

That answers a related question in the back of my mind.

So to clarify, it cannot be argued that an admission contained within an attorney's openining statement on behalf of their client binds the client? As in how an agent binds his principal.

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

<< SNIP

I'm so confused. What "unofficial testimony" do you mean? Are you talking about testimony that took place at trial? I didn't watch most of the trial videos but I don't remember seeing any summaries that included this line of questioning.

It sounds like you're suggesting that the evidence might support an allegation that Cindy molested Casey and Caylee? If so, I don't understand what you mean by "the defendants allegations that he or she had molested her child before it died." Casey never alleged (and even JB never alleged) that anyone had molested Caylee before she died. And assuming she had, what would that have to do with anything? What's the legal question here? :waitasec:

sorry!

if you get an admission by someone on the stand- can it then be used as testimony at another time? is it "on the record"
like is it "official?" because it's not hearsay.

I knowCasey said her dad did and JB did too. but it wasn't allowed in.
JB could not speak about it.

MOTHERS ARE VERY UNDER REPORTED-

it really seemed like Linda was headed
down that road i wasn't sure.

I know I had been told that I would at least report it.


is that making any sense?
not can she report it but
could it be used to brings charges?

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.

Why are jurors allowed to profit off of jury duty?

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

JA has said State will go after her for some monies. Not sure if it happens or not but would be nice. lol

I know she was sentenced to 412 days for check fraud. Is she serving that currently or did she get time served when sentenced? I thought she could still serve 2.5 years tomorrow but I've seen it reported she's out or 1 year due to 3 served. Any idea in regards to 412 days?

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.

 

[Quiche]

Will she have any restrictions if she's released-- probation or parole?

 

[Nikki 01]

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?

 

[TUSK]

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?

 

[AZlawyer]

Not A Lawyer {Or A Chemist } ~ Sorry For That ~
Hey ~ I Saw That Video. Dont Remember If It Was On TV ~ Like Say On The Nancy Grace Entertainment Show Or If It Was While I Was Going Through The Document Dumps ~ Which Took Me To Many Sites With Many Links. Some Stuff Was Not Even Bated As Evidence ~ Such As LA's Very Bizarre Blog Post Entitled 'F$^% YOU' Directed At An Ex Of His, And That Ex Had A Husband Which Was A Boyfriend Of ICA's. And A Craigslist Posting By LA Fiance' Mother Directed Towards ICA While ICA Was Out On Bond.

Anyways ~ I Have Gotten Way Off Track Here. While Looking At All These Things I Saw The Video. ICA Is Seen Sitting In A Room. No Sound. She Is Wearing Handcuffs And Shackled If I Remember Correctly. I Thought She Was Wearing Something Other Than Prison Blues ~ Like White Jumpsuit. I Could Be Mistaken On The Clothing Though. She May Have Just Been Wearing Long Sleeves or Something. But I Remember That I Have Seen This Video And What She Was Supposed To Be Viewing. I Remember Her Sitting In That Chair Then Freaking Out. And The Video I Saw Was Not High Quality ~ And The Cam Must Have Been Positioned Somewhat High In The Room Pointed Down At Her. And Kind Of Far Away. Not By Any Means A Close - Up. As You Could See All Of Her And It Was Not Zoomed In. Very Poor Quality ~ Like Possibly If I Did See It Online The Person Who Posted It Recorded It Off Of Their TV ~ Then Posted Online. Does Anyone Else Remember This ?

P.S.
Sorry If This Is Off-Topic.

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.

Will she have any restrictions if she's released-- probation or parole?

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

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?

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

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?

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

 

[wallflower67]

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.

 

[reeseeva]

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....

 

[miss plum]

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?

 

[MyTinkieGirl]

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!!

 

[Kentjbkent]

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:

 

[logicalgirl]

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?

Bob Kealing, reporter for WESH-TV, tweeted:

#lindadraneburdick asking for hearing within 60 days to give them time to determine how much state can bill #CaseyAnthony.
32 minutes ago via Twitter for iPhone
.


State has filed new motion to hold #CaseyAnthony accountable for investigation costs.
35 minutes ago via Twitter for iPhone

https://twitter.com/bobkealing

 

[Kentjbkent]

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....

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!

 

[Bainbridge]

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

 

[Ambiance]

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

 

[Fluffy Puppy]

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?

 

[TakingALook]

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

 

[Decatur Doll]

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?

 

[donnam]

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

 

[Panda's eye]

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?

 

[Decatur Doll]

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?