Sentencing and beyond- JA General Discussion #9

Jodi Arias' murder conviction could be overturned because of prosecutor misconduct claims

Oct. 4, 2019

"The Arizona Court of Appeals has agreed to consider how numerous allegations of misconduct against Maricopa County prosecutor Juan Martinez could overturn Arias' conviction. ...

The Court of Appeals order in the Arias case stated that it will look at a series of issues concerning prosecutorial misconduct, including:

-Is Arias is entitled to a new trial if there was intentional prosecutorial misconduct, and would double jeopardy play a role?

-What factors are relevant in determining whether Arias was denied a fair trial based on prosecutorial misconduct? Does publicity around the trial affect the decision?

-Was she deprived of the ability to present her defense to the jury?

-If there was prosecutorial misconduct, did it contribute to her guilty verdict?

-Should the publicity outside the courtroom be considered when deciding if the atmosphere of the trial was "circus-like?" Can publicity outside the courtroom grant a reversal?

*******The court has not yet scheduled a date for the oral arguments.'***********

Jodi Arias' murder conviction could be overturned because of prosecutor misconduct claims


Clue # 1 that this is an incredibly sloppy and uninformed piece of "journalism":

It's entirely about the killer's upcoming COA oral argument, but the writer isn't even aware that they have in fact been scheduled. For October 17.

Clue #2. Karen Clark's self-serving statements are taken at face value and parroted. Clark claims the questions the COA sent out in advance to attorneys indicate the panel is particularly interested in JM's prosecutorial misconduct.

Reality is, the killer's attorneys requested oral arguments. The only permissable subjects of argument relate to issues her attorneys raised in their opening brief.

There are only 2 arguments in their brief the (COA) panel could possibly find enough meat on the bone to bite into:

* excessive publicity, yada, yada.
* prosecutorial misconduct.

Guess what. The panel's questions relate to those arguments. What a surprise. Further, anyone with even rudimentary knowledge about what happens during appellate court (or Supreme Court) arguments
knows that the judges ask questions to solicit and challenge each side's legal reasoning (including case law/precedent) that supports their position.

The panel's questions provide equal opportunity for the State and the killer's attorneys to argue their strongest points and to defend the weakest.

Karen Clark the ethics attorney knows this. She's simply shameless, is all.
 
Update on oral arguments of killer's COA appeal:

1. Currently scheduled for October 17, @ 10 AM (AZ time), in courtroom #2.

2. Currently, SUBJECT TO CHANGE, the arguments will be livestreamed.

3. NBC news & ABC15 (AZ local) have both requested permission to broadcast live as well as to record. CNN headline news has sought (unspecific) access to either broadcast, record, or both. The Arizona Republic wants permission to take & publish still photographs.

Judge Campbell is one of 3 judges on the COA panel presiding over oral arguments; the same panel will deliberate/rule upon her written appeal.

Campbell has given the State & the killer's attorneys the opportunity to object to each request by the media

To date, only one objection has been filed: by the State, to NBC's request to livestream. Campbell ultimately decided to hold a hearing:

Tuesday, OCTOBER 15 (10AM)

to hear arguments on each/all media requests.

4. I'm guessing the State doesn't want to livestream because sensationalized accusations against JM will frame the coverage.

I'm also guessing the State won't prevail, and that coverage drenched in nonsense will go live. The court decided just recently to routinely allow live oral arguments. Can't imagine what interest the State could present to persuade the panel to disallow live, especially if the killer's attorneys are all for live sliming JM.

(Their hypocrisy in not objecting to live coverage of their argument that excessive publicity denied the killer a fair trial......duly noted. ;))


LINKS FOR LIVESTREAM & ARCHIVED COVERAGE IN THE POST BELOW....
 
Tuesday, October 15th:
*Motions Hearing (re NBC livestream) (@ 10am PT) – AZ – Travis Victor Alexander (30) (June 4, 2008, Mesa, found June 9, 2008, shot & stabbed 27 times) - *Jodie Ann Arias (28/now 39) indicted (7/9/08), arrested & charged (7/15/08) & arraigned (9/11/08) with 1st degree murder. Plead not guilty. Held without bond. DP seeks DP.
Trial started 1/2/13: Found guilty. 11-1 for Death, retrial sentencing. Sentenced to life without parole.
Court of Appeals will hear oral arguments on 10/17/19. At the oral argument, the Court will not be hearing new evidence, no witnesses will testify, and the appellant will not be present. The Court’s role is to review the record, procedures and decisions from the trial court.

10/11/19 Update: NBC news & ABC15 (AZ local) have both requested permission to broadcast live as well as to record. CNN headline news has sought (unspecific) access to either broadcast, record, or both. The Arizona Republic wants permission to take & publish still photographs. To date, only one objection has been filed: by the State, to NBC's request to livestream. Judge Campbell ultimately decided to hold a hearing: Tuesday, Oct. 15 at 10am to hear arguments on each/all media requests.
 
Cathy Russon‏ @cathyrusson 6h6 hours ago
#JodiArias hearing at the State Court of Appeals on Thursday. We are planning to live stream however her team has objected to broadcasting. There's a hearing this afternoon. I'll update when we know the result. Here's a copy of the motion:

ariashearingobjectointocamera.pdf


Cathy Russon‏ @cathyrusson 56m56 minutes ago
Judge denied #JodiArias request and will allow media to have 1 video camera and 1 still camera for Thursday's hearing. You can watch it live on https://lawandcrime.com/ at 10 a.m. MST/1 p.m. ET.
 
IF the felon gets a new trial, she will still be convicted. The courts now know her games, tricks, and what to expect. I don’t think they will let her get away with what she did last time.....no sneaky interviews or anything. Wish she would rot away.
 
Thursday, October 17th:
*Court Of Appeals Oral Arguments (@ 10am PT) – AZ – Travis Victor Alexander (30) (June 4, 2008, Mesa, found June 9, 2008, shot & stabbed 27 times) - *Jodie Ann Arias (28/now 39) indicted (7/9/08), arrested & charged (7/15/08) & arraigned (9/11/08) with 1st degree murder. Plead not guilty. Held without bond. DP seeks DP.
Trial started 1/2/13: Found guilty. 11-1 for Death, retrial sentencing. Sentenced to life without parole.
Court of Appeals will hear oral arguments on 10/17/19. At the oral argument, the Court will not be hearing new evidence, no witnesses will testify, and the appellant will not be present. The Court’s role is to review the record, procedures and decisions from the trial court.

10/11/19 Update: NBC news & ABC15 (AZ local) have both requested permission to broadcast live as well as to record. CNN headline news has sought (unspecific) access to either broadcast, record, or both. The Arizona Republic wants permission to take & publish still photographs. To date, only one objection has been filed: by the State, to NBC's request to livestream. Campbell ultimately decided to hold a hearing: Tuesday, Oct. 15 at 10am to hear arguments on each/all media requests.
10/15/19 Update: Judge denied Arias request & will allow media to have 1 video camera & 1 still camera for Thursday's hearing (10/17).
 
#JodiArias could get a new trial - six... - Joey Jackson, Esq. | Facebook

Found this an interesting watch. I think it's highly unlikely she will get a new trial but you just never know with her. She's like Teflon.

She is truly abhorrent. She should be spending the rest of her life counting her blessings that she was not sentenced to death.

(Click bait, the title of that article. As Jackson explains in his video bit, "could," sure, theoretically. )

But. Nothing of any significance as relates to her appeal, including the odds of it being denied, has changed from the day she first filed for appeal years ago.

The 3 judge COA panel will only consider the trial record itself while deliberating & ruling upon her appeal.

Not subsequent bar complaints against JM, not whether it was ok ethically for JM to write & publish his book before the killer's appeals were exhausted. None of that matters.

Again, the panel has chosen to focus on 2 of 7 arguments the killer's attys included in their opening brief. No matter how their questions are phrased tomorrow in oral arguments, their ruling on those 2 core arguments will come down to this:

1. Did Judge S. err when she denied the DT's motions for change of venue and jury sequestration? If she did err, did that error prevent the killer from receiving a fair trial; would the verdict likely have been different had the judge not erred?

2. Did Judge S err in ruling against the DT on any, some, or all of the laundry list of motions they made accusing JM of prosecutorial misconduct? If Judge S. ruled in error, did the errors she make deprive the killer of a fair trial; would the verdict likely have been different but for her errors?

Appellate judges are rightfully extremely reluctant to overturn a jury verdict. The bar for a successful appeal is set high as a result of that deference. The odds of any convicted prevailing upon appeal are very low. Hers are close to non-existent.
 
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(Click bait, the title of that article. As Jackson explains in his video bit, "could," sure, theoretically. )

But. Nothing of any significance as relates to her appeal, including the odds of it being denied, has changed from the day she first filed for appeal years ago.

The 3 judge COA panel will only consider the trial record itself while deliberating & ruling upon her appeal.

Not subsequent bar complaints against JM, not whether it was ok ethically for JM to write & publish his book before the killer's appeals were exhausted. None of that matters.

Again, the panel has chosen to focus on 2 of 7 arguments the killer's attys included in their opening brief. No matter how their questions are phrased tomorrow in oral arguments, their ruling on those 2 core arguments will come down to this:

1. Did Judge S. err when she denied the DT's motions for change of venue and jury sequestration? If she did err, did that error prevent the killer from receiving a fair trial; would the verdict likely have been different had the judge not erred?

2. Did Judge S err in ruling against the DT on any, some, or all of the laundry list of motions they made accusing JM of prosecutorial misconduct? If Judge S. ruled in error, did the errors she make deprive the killer of a fair trial; would the verdict likely have been different but for her errors?

Appellate judges are rightfully extremely reluctant to overturn a jury verdict. The bar for a successful appeal is set high as a result of that deference. The odds of any convicted prevailing upon appeal are very low. Hers are close to non-existent.

I agree the title is click bait however as someone who is not from the US and doesn't have a lot of knowledge of the legal system I find the tidbits interesting and easy to digest. It is a very different system.

A lot of people in the UK are envious of the US legal system and I do feel that in some ways it is better than ours, but I honestly think if JA was in this country she would have been sentenced to life, she would never get parole and we would never hear from her again.

I'm quite confident that she won't be granted a new trial but there is a small, very nervous part of me that is worried that she will somehow get her way.

As always, thank you for your in-depth and informative posts :)
 
What to expect during Jodi Arias' murder conviction appeal (with clip)
The Arizona Appeals Court hearing couldn’t be more different from the sensational Arias trial that captivated the country.


October 16, 2019

"PHOENIX — Don’t expect a surprise witness, a preening prosecutor or a media circus.

And you won’t see Jodi Arias.

She’ll be in prison Thursday morning while attorneys appeal her conviction and life sentence for brutally murdering ex-boyfriend Travis Alexander.

The Arizona Appeals Court hearing Thursday couldn’t be more different from the sensational Arias trial that captivated the country.

Here’s what you need to know:..."

What to expect during Jodi Arias' murder conviction appeal

 

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