New Motions - April, 2010

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Post by Snaz on Tue Apr 20, 2010 11:52 am

These are the newest motions, excluding the motions regarding Judge Strickland recusing himself.

  • Motion to Declare Florida Statute 921-141 Unconstitutional
  • Motion to Preclude the State's Impermissable, Gender Biased, Request for Imposition of the Death Penalty
  • Second Motion to Preclude Death Procedures for Impermissable Prosecutorial Motives
  • Defendant's Motion for Protective Order with Respect to Penalty Phase Discovery


Last edited by Snaz on Tue May 04, 2010 10:56 pm; edited 2 times in total

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Post by Estee on Tue Apr 20, 2010 12:53 pm

Motions, Motions, Motions...ad nauseum barf

Surely they jest...No DP cause she's a girl???? Let's just throw out everything cause "it's not fair"...I wonder what else Miss DePaul Law School students can come up with...Haven't read all these new motions yet, but can't wait to see the hearing addressing them...
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Post by Cali on Tue Apr 20, 2010 1:15 pm

What a bunch of useless time-wasting filings. It is quite clear that the defense is plucking at straws. Casey doesn't even deserve to be languishing in the cell she is in right now. Move her into the big prison, so she will have to listen to the ones who would love to rip her cold heart out.
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Post by Snaz on Tue Apr 20, 2010 7:13 pm

awaiting justice wrote:Does anyone think that the next move is to try and have the fraud conviction appealed and set aside??????????

Reason: To try and have the conviction overturned until the murder trial is over, so that she is isnt a convicted felon anymore ???

AJ, don't hold me to this, but I believe they had so many days to file an appeal.... and they did not. So I don't believe they can do so now.

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Post by Estee on Tue Apr 20, 2010 7:14 pm

AJ...I don't think that is possible since she pled guilty...
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Post by Snaz on Tue Apr 27, 2010 1:51 pm

Anthony Defense Moves To Challenge Death Penalty
Seasoned Defense Attorney Says Motion Is Unusual

POSTED: 11:34 am EDT April 27, 2010
UPDATED: 12:08 pm EDT April 27, 2010

ORLANDO, Fla. -- The defense team for Casey Anthony has filed a motion that argues prosecutors in the case chose to pursue the death penalty against their client because they knew it would break her financially.

Jeff Dowdy has defended many high-profile death penalty defendants, including the man behind a massacre in Deltona that claimed six lives. The defendant was Troy Victorino.

"The whole case in its entirety was $1.1 million, but that was with four co-defendants and eight attorneys ... That was just for the defense," Dowdy said.

In March 2009, Anthony's defense team was forced to disclose behind closed doors how much money Anthony had and where it came from.

The defense argued prosecutors decided the next month to go ahead and seek the death penalty against Anthony. In a motion recently filed, defense attorney Andrea Lyon wrote, "The prosecution knew this would financially break the defense."

Dowdy said that is an unusual claim.

"In my 21 years, I've never seen it nor have I ever used that argument. It's very unusual," Dowdy said.

Dowdy pointed to the fact that Anthony successfully petitioned the court in March to be declared indigent.

Like all of the defendants in the Deltona massacre, she now qualifies to have many of the costs of her defense picked up by taxpayers.

"So money is not even an issue anyway," Dowdy said.

Another legal expert said he see little chance the motion will succeed. He believes Anthony's defense is making sure they've put anything they can think of on the record to increase the possibility of a successful post-conviction appeal.


http://www.wesh.com/news/23277804/detail.html

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Post by Estee on Tue Apr 27, 2010 2:04 pm

All I can say is HOGWASH!!!! What a ridiculous supposition...I wonder whose brainchild this was...Just another motion to confirm that this defense is the laughing stock of defense attorneys... Laughing
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Post by Snaz on Thu Apr 29, 2010 10:18 pm

Another motion has been filed by the defense:

04/29/10 Motion to Seal Jail Visiting Log Records

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Post by LottieM on Thu Apr 29, 2010 10:56 pm

OK, so it's late and I'm tired, but what is so damning about the visitor logs?
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Post by Snaz on Thu Apr 29, 2010 11:12 pm

IDK, Lottie, but I don't think the judge has the authority to stop the release of the visitor logs anyway... I may be wrong, but I think it is probably jail policy to release them via the Sunshine Law.

Besides, wasn't it BAEZ who argued AGAINST the gag order??? They want to be able to run their mouths about whatever they want the public to hear, but they also want what isn't beneficial to their case to be sealed from the public. Someone should have explained to JB that he just can't have it both ways...... Mad

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Post by randilynn on Fri Apr 30, 2010 9:44 am

OMG... they actually SENT a drama instructor to visit KC..


THAT IS A BOMBSHELL..
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Post by Estee on Fri Apr 30, 2010 3:52 pm

Boo Hoo Hoo Hooo....They just had to stir the pot...I don't know what good it will do them...just reinforces in my mind what nimbeciles they are...Just can't "let it be" and let the public come to their own conclusions...Watch it they are gonna want judicial interference to step in and have Stan kicked off the bench....What a dirty bunch of so and so's JMO
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Post by Snaz on Sat May 01, 2010 12:37 am

Casey defense files motion to seal jail visit records

By Robyn Sidersky
April 30, 2010 5:48 PM

Casey Anthony's defense team filed a motion Friday to block to the release of jail visiting log records from the public.

The defense claims in the motion that "the media is constantly aware of any visits that the Defendant has." They also claim that the visits reveal the identity of any expert witnesses that may visit Casey in the jail.

Their concern is the "ability to maintain confidentiality of these visits prohibits them from being able to properly prepare her case for trial."


http://wdbo.com/localnews/2010/04/casey-defense-files-motion-to.html

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Post by Estee on Sat May 01, 2010 10:22 am

WTF.."reveal the identity of any expert witnesses"??? That will be revealed when the DUMBFENSE releases their witness list...What dodos...So what!!! Who cares???What transpires during the visit is confidential so who do they think they're fooling???
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Post by randilynn on Sat May 01, 2010 12:14 pm

estee.. the defense has taken GREAT pains DELAYING a witness list, the prosecution still to this day has not received one from them...

i think that will soon change however, because daddy perry is going to bring down the hammer on their asses.

i am not sure what all this "revealing secret witnesses" is all about.. you cannot HAVE a secret witness.. the prosecution has the right to depose and prepare for ANY AND ALL witnesses the defense plans to call, so i dont even know where they are going with this....
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Post by LottieM on Sun May 02, 2010 10:50 am

randilynn wrote:OMG... they actually SENT a drama instructor to visit KC..


THAT IS A BOMBSHELL..

Doesn't it seem like sending a drama instructor to teach Casey how to react to things is equivalent to encouraging her to lie?

And isn't encouraging Casey to lie a breach of some sort of law that suggests the importance of telling the truth?

I mean, OK....it's one thing if Casey lies without being encouraged to do so, but it's entirely another thing for her defense team to encourage her to provide certain emotions or lack thereof, isn't it?

I'm confused! Shocked
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Post by randilynn on Sun May 02, 2010 6:32 pm

Lottie... you are correct.. there is a law against a lawyer putting their client on the stand IF they know they are going to lie, or encouraging them to do so.. it is called subornation of perjury.

however, theatrics and drama in the courtroom (while COMPLETELY morally wrong) is not against the law. every witness in ANY trial is coached to a certain degree, they just call it "preparation".. sounds better, huh?

however wrong it sounds that they are coaching her how to "act", it is really not against the law... considering she is not on the stand or under oath.

now, i dont think the defense will EVER be able to put KC on the stand, even if they would want to.. this would fall into the subornation of perjury, because they cannot in good faith believe that she is going to tell the truth.
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Post by LottieM on Sun May 02, 2010 7:34 pm

Thanks for clearing that up for me, randi!
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Post by sitemama on Sun May 02, 2010 9:06 pm

You are so right Randi, they could never put KC on the stand, because she and the truth are strangers!

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