Over 20 New Motions/Memorandums Filed by Defense 11-25-09

The defense filed over 20 new motions & memorandums on 11-25-09, the day before Thanksgiving.

You can view them at the the link below. Follow the steps I have written up for you.

http://myclerk.myorangeclerk.com/CaseDetail.aspx?CaseID=6236234

1. Click on 'Criminal and Traffic Court Cases'
2. Type in Casey Marie Anthony, then click 'Search'
3. Click on the second case number (the one with Stan Strickland as Judge)
4. Scroll all the way down to 11/25/09 at the bottom

Most of them have to do with trying to have Florida Statute Section 921.141 declared unconstitutional, so following is the link to the 'Official Internet Site of the Florida Legislature', open to Section 921.141.

921.141 Sentence of death or life imprisonment for capital felonies; further proceedings to determine sentence
http://www.google.com/search?hl=en&q=921.141+Florida+Statutes&sourceid=navclient-ff&rlz=1B3MOZA_enUS335US335&ie=UTF-8

okay... looked up Ring v Arizona to see what all the fuss is about... here is the summary, and why i believe it is being cited...

Facts of the Case:
At Timothy Ring's trial for murder, the jury deadlocked on premeditated murder, but found Ring guilty of felony murder occurring in the course of armed robbery. Under Arizona law, Ring could not be sentenced to death, unless further findings were made by a judge conducting a separate sentencing hearing and only if the judge finds at least one aggravating circumstance and no mitigating circumstances sufficiently substantial to call for leniency. Because the jury had convicted Ring of felony murder, not premeditated murder, Ring would be eligible for the death penalty only if he was the victim's actual killer. Citing accomplice testimony at the sentencing hearing, the judge found that Ring was the killer. The judge then found two aggravating factors, one of them being that the offense was committed for pecuniary gain, as well as one mitigating factor, Ring's minimal criminal record, and ruled that the latter did not call for leniency.

the link.. to read more...
http://www.oyez.org/cases/2000-2009/2001/2001_01_488

okay... i think that baez is trying to use this case to reiderate the fact that SOD killed caylee.. they are going to present the case in court by TRYING to make the jury believe it "could have been" a number of people other than KC that committed this crime... hence the part in the case about the ACTUAL KILLER..
another detail of this case that sticks out to me, is that there is much discussion about aggravating circumstances and mitigating circumstances.. which shows baez is going to TRY and use her lack of criminal history and MOST likely her young age to get her out of contention for the DP...
the last thing i see in here that is relating to the case at hand, would be the lack of conviction for premeditated murder. He was found guilty of felony murder without premeditation... this one baffels me due to the large amount of premeditation shown by KC.. however, if the jury does not find her guilty of premeditation, this is another escape route out of the DP..

the problem with the citing of this case, is the fact that the judge found his minimal criminal record to be NOT qualified for leniency... so i think their entire motion based on this case is a moot point. but that doesnt seem to suprise me in the least.

i found the 2009 jury instructions on reasonable doubt that baez seems to have issues with...

read it here: http://www.mass.gov/courts/courtsandjudges/courts/districtcourt/jury-instructions/criminal/pdf/2180-reasonable-doubt.pdf


and premeditation: read here.. bottom of page 4
http://caselaw.lp.findlaw.com/data2/floridastatecases/10_2008/sc08-744.pdf

Casey’s Defense Questions Death Penalty In Florida

Saturday, November 28, 2009 9:03:07 AM
Reported by Adam Longo

ORLANDO -- Just before court closed for the Thanksgiving holiday, Casey Anthony’s lawyers filed 10 new motions.

The motions involve constitutional issues Casey's defense team thinks will have an impact on her trial.

The defense filed papers questioning the constitutionality of Florida's death penalty.

They also want certain jury instructions deemed unconstitutional.

Anthony's next court appearance is set for Dec. 11 for a pre-trial conference in her check fraud case.

http://www.cfnews13.com/News/Local/2009/11/27/10_more_motions_filed_by_caseys_defense.html

This is a list of all the motions and memorandums filed on 11-25-09.

Motion
to Declare Florida Statute Section 921.141 Unconstitutional Under Ring vs. Arizona

Memorandum of Law
in Support of Defendant's Motion to Declare Florida Statute 921.141 Unconstitutional Under Ring vs. Arizona

Motion
to Declare Fla. Stat. 921.141(5)(h) and/or the Standard (5)(h) Jury Instruction Unconstitutional Facially and as Applied

Memorandum
Supporting Motion to Declare Fla. Stat. 921.141(5)(h) and/or the Standard (5)(h) Jury instruction Unconstitutional Facially and as Applied

Motion
to Declare Section 921.141(5)(d) Florida Statute and/or the Section 921.141(5)(d) Standard Instruction Unconstitutional Facially and as Applied and to Preclude their Application at Bar

Memorandum
of Law in Support of Defendant's Motion to Declare Section 921.141(5)(d) Florida Statute and/or the Section 921.141(5)(d) Standard Instruction Unconstitutional Facially and as Applied and to Preclude their Application at Bar

Motion
to Declare Florida Statutes 921.141(5)(I) Unconstitutional and to Preclude its Use in the Present Case

Memorandum
of Law in Support of Motion to Declare Florida Statutes 921.141(5)(I) Unconstitutional and to Preclude its Use in the Present Case

Motion
to Declare Florida Statute 921.141(5)(L) Unconstitutional Facially and as Applied, and to Preclude its Use in the Case at Bar

Memorandum
of Law in Support of Defendant's Motion to Declare Florida Statute 921.141(5)(L) Unconstitutional Facially and as Applied, and to Preclude its Use in the Case at Bar

Motion
(Defendant's) for a Statement of Particulars Providing Notice of Aggravating Circumstances

Memorandum
of Law in Support of Defendant's Motion for a Statement of Particulars Providing Notice of Aggravating Circumstances

Other
Table of Exhibits in Support of Defendant's Motion for a Statement of Particulars Providing Notice of Aggravating Factors

Memorandum
of Law in Support of Defendant's Objection to the Standard Jury Instruction on Reasonable Doubt

Objection
Written Objection to the Standard Jury Instruction on Reasonable Doubt

Other
Table of Exhibits for Defendant's Written Objection to the Standard Jury Instruction on Reasonable Doubt

Motion
to Declare 921.141(5)(M) Unconstitutional Facially and as Applied (Victim Vulnerable Due to Age, Disability, or Familial or Custodial Authority)

Memorandum
of Law in Support of Motion to Declare 921.141(5)(M) Unconstitutional Facially and as Applied (Victim Vulnerable Due to Age, Disability, or Familial or Custodial Authority)

Motion
to Declare 921.141 Florida Statutes Unconstitutional Because it Improperly Shifts Burdens of Proof to the Defendant, Thereby Creating a Presumption of Death

Motion
to Prohibit any Reference to the Jury's Role at the Penalty Phase Being 'Advisory' or to the Jury's Penalty Verdict as Being a 'Recommendation'

Memorandum
of Law in Support of Defendant's Motion to Prohibit any Reference to the Jury's Role at the Penalty Phase as Being 'Advisory' or to the Jury's Penalty Verdict as Being a 'Recommendation'

Exhibit(s)
in Support of Motion to Prohibit any Reference to the Jury's Role at the Penalty Phase Being 'Advisory' or to the Jury's Penalty Verdict as Being a 'Recommendation'

Motion
to Declare Florida Statute 921.141 Unconstitutional Due to its Failure to Narrow the Scope of the Death Penalty

Memorandum
of Law in Support of Motion to Declare Florida Statute 921.141 Unconstitutional Due to its Failure to Narrow the Scope of the Death Penalty

Motion
for Jury Instructions Correctly Defining "Premeditation"

Memorandum
Accompanying Motion for Jury Instructions Correctly Defining "Premeditation"

Casey Motion: Death Penalty “Unconstitutional”

Posted: 4:56 pm EST November 30, 2009
Updated: 5:17 pm EST November 30, 2009

ORLANDO, Fla. -- Eyewitness News obtained numerous motions in the case against Casey Anthony Monday.

Casey Anthony’s defense attorneys filed several motions last week. In one, the defense is claiming the death penalty is "unconstitutional" and should be dropped from the case.

READ: Numerous Motions Filed By Defense
SHEAFFER BLOGS: Read Legal Expert's Posts

Prosecutors had a tough time deciding whether to pursue the death penalty against Casey until Caylee Anthony's remains were found on December 11.

The new defense motion argues Florida's death penalty statute is too vague in determining who is eligible, so it violates both the U.S. Constitution and the Florida Constitution.

http://www.wftv.com/news/21764396/detail.html

AJ, this whole thing on how Baez and Co get paid drives me crazy. I mean, the request for the state to pay!!!! UGH! OUTRAGEOUS to me! If KC can't afford to pay for this fancy schmancy (big legal term here, lol) then she shouldn't have it. She should be using a public defender, like other indigent clients. PERIOD! You don't hire a "dream team" (cough, cough) and then say but help me, state of FL pay for it! Poor is poor and should be treated the same. Public defender's office is for that reason. They have DP qualified attorneys in the PD'S office. But don't ask ME to pay for you after you hire a million dollar team.

Hail, when I got divorced, it went on for over four years. We have a house to sell and I had to use every penny out of my profits from the sale to pay my attorney. And guess what, when the case went on after the money ran out, HE QUIT! They have that right. You can't pay, you find someone else. The only difference is, in divorce or civil, you don't get the benefit of a PD for free. You are just on your own. I had to finish it pro se (on my owm). So, my thoughts on this is, KC, you can't pay for the team, Get a PD!

As for AL, I agree with you, I think she is on a mission to abolish the DP and be a pioneer to get it abolished. And I have no problem with that. It is a very personal decision whether you support it or not. So, I wouldn't have a problem with it not being available. Let her do what she wants.

But damn it, do NOT ask the state to pay her fees!

And it burns me up to think she could say ineffective assistance of counsel when this is all done and WIN an appeal. She has a team of lawyers who have to be at least giving her more than any indigent African American male in this country using a Public Defender.
So shut up KC with your help me pay for my legal bills!

KC should have to take a public defender just like anybody else in her financial situation. You are probably right AJ. The Anthonys probably promised Bozo and the "Dream Team" a cut of any current and/or future book and movie deals.