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Retrial for Sentencing of Jodi Arias - 11/14/14

Discussion in 'Travis Alexander Trial - The State vs. Jodi Arias' started by LambChop, Oct 22, 2014.

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  1. LambChop

    LambChop Former Member

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  2. LambChop

    LambChop Former Member

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    Please continue to post through the weekend starting with this thread.


    :tyou:
     
  3. AZlawyer

    AZlawyer Verified Attorney

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    Bringing over Curious in Indiana's post from the last thread.

    For something to be relevant, it has to make some fact at issue more or less likely to be true.

    So what can the jury consider in this phase? (1) The circumstances of the offense (just how premeditated and cruel was this, etc.)--Travis's feeling that he might turn up dead is not relevant to the circumstances of the offense. (2) Other things that could justify a life vs. death sentence for Jodi--Travis's feeling that he might turn up dead also has nothing to do with whether Jodi's life is worth sparing.
     
  4. TexMex

    TexMex Punishment is justice for the unjust.

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    Quote Originally Posted by Caylee Advocate View Post
    I suppose we will all grow old before she ever accepts full responsibility and apologizes. I myself have been played, and I myself have been a player.... I sure didn't ever consider butchering anyone. I just moved on.


    It will never happen.
    Sometimes I wonder....she said something to Flores about not being able to move on...did she kill Travis in order to be able to "move on" to another PPL target, Ryan Burns? She had already invested nearly two years in her futile attempt to marry Travis...she wanted a man to commit to her, Travis refused. She saw the Mormans as the best option for a quick marriage. Hard working, family oriented, nice men But would Travis rat her out? Tell people in PPL/Ryan that she was a "skank"? A psycho who slashes tires, hacks emails, runs phones etc?
    To her, Travis rejected her after she'd left Daryl, her house, converted to his religion, had #threeholewonder sex with him. She was 27, alone, crummy job, living in grandmas small house. She knew she wasn't going to Cancun or the alter with Travis but was he going to ruin her shot at rebounding and snagging her next Morman man? Maybe she didn't want to take that chance.
    Idk
     
  5. krkrjx

    krkrjx Hello Darkness, my old friend...

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    Regarding the secret witness: Does JM have the right to cross-examine that person? If it was JA, she has a right to not take the stand, but if she has taken the stand and testified in front of the jury, the state should have an opportunity to cross-examine her, even if she is now executing her right to not take the witness stand (because the media was allowed back in).

    Will the DT get away with testimony in front of the jury that the state cannot question in front of that jury?
     
  6. AZlawyer

    AZlawyer Verified Attorney

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    No. JM will be allowed to cross-examine the secret witness.
     
  7. LinasK

    LinasK Verified insider- Mark Dribin case

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    From the last thread, got caught in the door:
    Don't forget hair-dyeing!:silly::hilarious::hilarious::hilarious:
     
  8. katiecoolady

    katiecoolady New Member

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    How does this play out in closings?
     
  9. bsk

    bsk New Member

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    But if Travis has said he wished JA was dead then we'd be hearing about it for sure, even though that seems even more irrelevant from a logical viewpoint.
     
  10. AZlawyer

    AZlawyer Verified Attorney

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    Well, by then hopefully the Ct App will have clarified that the secrecy was not OK, so the closings will be able to occur in open court.
     
  11. Truth Detector

    Truth Detector Your Humble Observer

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    Yes, he does, but that won't keep L. Kirk from objecting.


    No, they won't.

    As I understand it, the prosecutor may even cross-examine the accused who exercises right of allocution.

    And as we all know, JA is too allocute by half.
     
  12. AZlawyer

    AZlawyer Verified Attorney

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    Probably, because that would fit in with JA's story that he overreacted to things and was abusive.
     
  13. AZlawyer

    AZlawyer Verified Attorney

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    JM can't cross-examine JA's allocution, but he can introduce evidence to rebut any new things she raises in allocution.
     
  14. katiecoolady

    katiecoolady New Member

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    AZL what do you think of the timing of the two victim impact statements? I think they might have Samantha speak too but later? Does that make sense?
     
  15. MeeBee

    MeeBee New Member

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    @TrialDiariesJ: The Hughes have been speaking up on social media saying this expert didn't interview them 4 context #jodiarias

    @TrialDiariesJ: Hughes also state they haven't been called to testify #jodiarias
     
  16. Truth Detector

    Truth Detector Your Humble Observer

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    [h=2]Supreme Court of Arizona.[/h][h=3]STATE OF ARIZONA, Appellee, v. DEREK DON CHAPPELL, Appellant.
    [/h][h=3]Arizona Supreme Court No. CR-07-0384-AP[/h][h=3]Decided: August 3, 2010[/h]- See more at: http://caselaw.findlaw.com/az-supreme-court/1533676.html#sthash.Rkxgyg9U.dpuf

    2. Limits on Allocution


    ¶ 31 Chappell argues the trial court's warning that he might be subject to cross-examination if he disputed his guilt during allocution prevented him from freely exercising his right to allocution and the jury from considering all relevant mitigating evidence.

    ¶ 32 In Arizona, a defendant has a right to allocute before sentencing.   Ariz. R.Crim. P. 19.1(d)(7), 26.10(b)(1).   This right, however, is “not absolute.”  Anderson, 210 Ariz. at 350 ¶ 100, 111 P.3d at 392.   Defendants may not “shift a mitigating circumstance ․ [into] allocution and thereby insulate that mitigating circumstance from rebuttal evidence.”  State v. Armstrong, 218 Ariz. 451, 463 ¶ 59, 189 P.3d 378, 390 (2008).   We have repeatedly upheld trial courts' admonitions that defendants may be subject to cross-examination if they exceed the scope of permissible allocution.   See, e.g., State v. Womble, _ P.3d _, 2010 WL 2720408, *7-8 ¶¶ 42-45 (Ariz. July 12, 2010);  Armstrong, 218 Ariz. at 463 ¶ 59, 189 P.3d at 390.   The judge did not abuse his discretion in so warning Chappell.


    - See more at: http://caselaw.findlaw.com/az-supreme-court/1533676.html#sthash.Rkxgyg9U.dpuf



    Then I'm misreading this and another case.

    Please enlighten.
     
  17. AZlawyer

    AZlawyer Verified Attorney

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    They happened right when they are supposed to under the current rule. The rule might have been different for your sister's trial--I mean, I know it was different, but I can't remember exactly how. :) I doubt the judge will allow them to do another one.
     
  18. MeeBee

    MeeBee New Member

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    @TrialDiariesJ: Chris H "how do these people sleep at night? If they could get full context from us, the jury would be outraged by these games." #jodiarias
     
  19. Hez

    Hez Active Member

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    Slightly OT. I was watching Mystery Diners tonight and there was this server who was sabotaging her co-worker. Turns out they had gone out a couple times, but it didn't go anywhere. She knew his passcode and would go into the sales system and cancel his orders to make him look bad in front of the customers. He confronted her and she said it was because he was up for a promotion and might go and manage the owner's other restaurant. She told him she didn't want him to go so that's why she sabotaged him. He freaked and said they only hung out twice and they were drunk but never 'hooked up' and he wasn't into her at all. She got furious and threw a glass container at him right in front of the customers! One of the other servers called her a stage five clinger who became obsessed. She got fired of course, but kept blaming him for what she did and making excuses for her behaviour. Oh and she kept saying he was being 'mean' to her. Sounds familiar, huh?

    p.s. Stage Five Clinger Girl found employment at another restaurant. :scared: Loverboy kept his job, but didn't get the promotion.
     
  20. AZlawyer

    AZlawyer Verified Attorney

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    If a mitigating circumstance is introduced in allocution, the prosecution may rebut it. If the defendant disputes his or her guilt during allocution (I think that was what happened in the Chappell case), then he/she might be subject to cross-examination. Presumably KN and JW would script JA's allocution to avoid anything that would trigger a right to cross.
     
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