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Old 07-04-2011, 11:44 AM
 
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Sorry, I meant charges. The lessor count of child abuse has been included, that is a win for the defense. If the jury goes for anything less than first degree murder or felony child abuse is really a win for Casey. That would be more latitude in punishment.

But that judge does not seem too lenient...
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Old 07-04-2011, 11:55 AM
 
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Quote:
Originally Posted by jasper12 View Post
Sorry, I meant charges. The lessor count of child abuse has been included, that is a win for the defense. If the jury goes for anything less than first degree murder or felony child abuse is really a win for Casey. That would be more latitude in punishment.

But that judge does not seem too lenient...
I agree about the judge. IMO, he has demonstrated over and over that he is very pro-prosecution. He was a prosecutor before he became a judge.

But he cannot give her any sentence outside the sentencing guidelines. And of course if she is not found guilty of a charge which carries the death penalty, he cannot give her death. Also, if the jury should recommend life over death, he'd be crazy to override that recommendation and sentence her to death because of the fed case in Florida which found that the way we do sentencing in death cases in Florida is unconstitutional. That goes back to a case from Arizona, Ring vs. Arizona, where the U.S. Supreme Court found that the sentencing procedure in death cases in Arizona (which were exactly like Florida) were unconstitutional.
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Old 07-04-2011, 12:06 PM
 
Location: High Cotton
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The state did the best they could without proving exactly how she died or where she died. There's no doubt (in my mind) after watching much of the trial who killed her - it was Casey Anthony that killed her daughter and disposed of the body. I would go with the highest charge of Premeditated Murder in the First Degree. But, I wouldn't bet a plug nickel that the jury will find they need to 'all agree' to a verdict of a lesser charge than premeditated murder in the first degree. The jury may well come back with a guilty verdict for a lesser charge, but I feel extremely confident that Casey Anthony will be found 'guility'.
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Old 07-04-2011, 12:24 PM
 
Location: Ohio
15,164 posts, read 13,438,598 times
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Quote:
Originally Posted by jasper12 View Post
Right, any brother accused of being a pervert would be first in line to support his lying, baby killer sister.

I am thinking the line of people begging for Casey's life is going to be pretty short.
If given the chance, I KNOW Cindy would beg for Casey's life....and I think Lee would too, not so sure about George.....but I wouldn't be that surprised if he did too.

Other extended family members could step up also, we don't know a whole lot about them.
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Old 07-04-2011, 01:01 PM
 
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Originally Posted by Morgain View Post
I agree about the judge. IMO, he has demonstrated over and over that he is very pro-prosecution. He was a prosecutor before he became a judge.

Also, if the jury should recommend life over death, he'd be crazy to override that recommendation and sentence her to death because of the fed case in Florida which found that the way we do sentencing in death cases in Florida is unconstitutional.
I don't agree with you on the pro-prosecution comment. Judge Perry literally bent over backwards with Jose Baez.

The ruling by the Miami Judge Jose Martinez on June 22, 2011 will be argued in appellate courts for years. If his ruling does survive all the appeals then the Florida Legislature would have to amend the law. And the Florida Supreme Court would have to change their jury instructions. And only then will the appeals start but only those since the 2002 Ring decision.

Judge Martinez's ruling would be used as part of Casey Anthony's appeal (if she is convicted.) Ann Finnell was in court for jury selection and only one day during the trial. She is the attorney from Jacksonville with 31 years experience. Since 1981 she has specialized in homicide litigation including death penalty mitigation. She will be front and center on the Martinez ruling.

If Casey is convicted ... there will be appeals on top of appeals and cries for mistrials ... the transposed 5 minute video of Caylee's skull over her picture ... the cadaver dogs, the air sniffer machine, Judge Martinez ruling, ineffective counsel, and on and on and on.

This case might just set a precedent ... air sniffer machine, cadaver dogs, video of skull transposed, all kinds of new evidence used that has never been used in the past. Ahhhh the age of technology.
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Old 07-04-2011, 04:36 PM
 
25,888 posts, read 39,185,477 times
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Quote:
Originally Posted by CarolinaWoman View Post
I don't agree with you on the pro-prosecution comment. Judge Perry literally bent over backwards with Jose Baez.

The ruling by the Miami Judge Jose Martinez on June 22, 2011 will be argued in appellate courts for years. If his ruling does survive all the appeals then the Florida Legislature would have to amend the law. And the Florida Supreme Court would have to change their jury instructions. And only then will the appeals start but only those since the 2002 Ring decision.

Judge Martinez's ruling would be used as part of Casey Anthony's appeal (if she is convicted.) Ann Finnell was in court for jury selection and only one day during the trial. She is the attorney from Jacksonville with 31 years experience. Since 1981 she has specialized in homicide litigation including death penalty mitigation. She will be front and center on the Martinez ruling.

If Casey is convicted ... there will be appeals on top of appeals and cries for mistrials ... the transposed 5 minute video of Caylee's skull over her picture ... the cadaver dogs, the air sniffer machine, Judge Martinez ruling, ineffective counsel, and on and on and on.

This case might just set a precedent ... air sniffer machine, cadaver dogs, video of skull transposed, all kinds of new evidence used that has never been used in the past. Ahhhh the age of technology.
Back in the days there was no DNA evidence...now there is, at some point it was introduced for the first time...everyday there are new inventions
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Old 07-04-2011, 05:21 PM
 
288 posts, read 133,837 times
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Quote:
Originally Posted by CarolinaWoman View Post
I don't agree with you on the pro-prosecution comment. Judge Perry literally bent over backwards with Jose Baez.

The ruling by the Miami Judge Jose Martinez on June 22, 2011 will be argued in appellate courts for years. If his ruling does survive all the appeals then the Florida Legislature would have to amend the law. And the Florida Supreme Court would have to change their jury instructions. And only then will the appeals start but only those since the 2002 Ring decision.

Judge Martinez's ruling would be used as part of Casey Anthony's appeal (if she is convicted.) Ann Finnell was in court for jury selection and only one day during the trial. She is the attorney from Jacksonville with 31 years experience. Since 1981 she has specialized in homicide litigation including death penalty mitigation. She will be front and center on the Martinez ruling.

If Casey is convicted ... there will be appeals on top of appeals and cries for mistrials ... the transposed 5 minute video of Caylee's skull over her picture ... the cadaver dogs, the air sniffer machine, Judge Martinez ruling, ineffective counsel, and on and on and on.

This case might just set a precedent ... air sniffer machine, cadaver dogs, video of skull transposed, all kinds of new evidence used that has never been used in the past. Ahhhh the age of technology.
I disagree about the judge. The first appeal, direct appeal, is for judicial error only. Certainly seems to me that allowing the introduction of that photo of Caylee with the skull over it was UNUSUAL. I think the direct appeal attorneys will find lots of problems.

Maybe the fed ruling about Florida's death penalty will go on for years. How many years did the Ring v. Arizona case stay in the courts before the USSC? I think that the issue has been brought up in Florida since the Ring case, but only recently the fed judge agreed that the sentencing procedure is unconstitutional.

Yes, if Casey is convicted and sentenced to death there most certainly will be appeals. It's automatic for d.p. cases. For sure there are many layers of appeals in these cases, which I think is a very good thing. Remember, "death is different."
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Old 07-04-2011, 07:22 PM
 
25,888 posts, read 39,185,477 times
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Originally Posted by Morgain View Post
I disagree about the judge. The first appeal, direct appeal, is for judicial error only. Certainly seems to me that allowing the introduction of that photo of Caylee with the skull over it was UNUSUAL. I think the direct appeal attorneys will find lots of problems.

Maybe the fed ruling about Florida's death penalty will go on for years. How many years did the Ring v. Arizona case stay in the courts before the USSC? I think that the issue has been brought up in Florida since the Ring case, but only recently the fed judge agreed that the sentencing procedure is unconstitutional.

Yes, if Casey is convicted and sentenced to death there most certainly will be appeals. It's automatic for d.p. cases. For sure there are many layers of appeals in these cases, which I think is a very good thing. Remember, "death is different."
I have heard defense lawyers and prosecutors stating that pictures like the one with the tape on it have been used in other court cases...only that Casey was in the same picture was different but they didn't see it as something that can cause a new trial....

On HNL they mentioned judges are not happy when jurors talk to the media because one wrong thing and it can cause a new trial...
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Old 07-04-2011, 07:50 PM
 
9,913 posts, read 9,308,889 times
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If someone can explain this to me I will appreciate it.

I listened today to Judge Perry's instructions to the jury. Thank goodness I am not on the jury I would still be sitting there with my mouth hanging open ... you want me to do what and I just want to go home!!

Here is the original Grand Jury Indictment of 2008. Judge Perry presided over this too. Now it is zap zap zap 1, 2, 3, and the 4 charges for lying to LEO. Seven total charges The End. Down and dirty simple to understand.

Spring 2008 Indictment Casey Marie Anthony

Today Judge Perry reads instructions to the jury, 26 pages.

Judge Perry Instructions To The Jury (http://media.trb.com/media/acrobat/2011-07/177483200-04090136.pdf - broken link)

1. Murder in the First Degree includes lesser charges of Murder in the Second Degree, Manslaughter and Third Degree Felony Murder
2. Felony Murder First Degree
3. Aggravated Child Abuse
4. Aggravated Manslaughter of a child
5. Murder Second Degree
6. Manslaughter
7. Felony Murder Third Degree
8. Attempt to commit crime of child abuse
9. Child Abuse

Four charges of lying to the LEO is in there and I understand that one no problem there.

I realize Murder in the 1st Degree is DP and maybe Felony Murder First Degree (not sure) could be death penalty charge. Which ones are death penalty charges? I know manslaughter isn't I'm just not sure of all the child abuse options.
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Old 07-04-2011, 08:30 PM
 
288 posts, read 133,837 times
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Quote:
Originally Posted by CarolinaWoman View Post
If someone can explain this to me I will appreciate it.

I listened today to Judge Perry's instructions to the jury. Thank goodness I am not on the jury I would still be sitting there with my mouth hanging open ... you want me to do what and I just want to go home!!

Here is the original Grand Jury Indictment of 2008. Judge Perry presided over this too. Now it is zap zap zap 1, 2, 3, and the 4 charges for lying to LEO. Seven total charges The End. Down and dirty simple to understand.

Spring 2008 Indictment Casey Marie Anthony

Today Judge Perry reads instructions to the jury, 26 pages.

Judge Perry Instructions To The Jury (http://media.trb.com/media/acrobat/2011-07/177483200-04090136.pdf - broken link)

1. Murder in the First Degree includes lesser charges of Murder in the Second Degree, Manslaughter and Third Degree Felony Murder
2. Felony Murder First Degree
3. Aggravated Child Abuse
4. Aggravated Manslaughter of a child
5. Murder Second Degree
6. Manslaughter
7. Felony Murder Third Degree
8. Attempt to commit crime of child abuse
9. Child Abuse

Four charges of lying to the LEO is in there and I understand that one no problem there.

I realize Murder in the 1st Degree is DP and maybe Felony Murder First Degree (not sure) could be death penalty charge. Which ones are death penalty charges? I know manslaughter isn't I'm just not sure of all the child abuse options.
Felony Murder carries the death penalty sentence for sure.

I think No. 4, Aggravated Manslaughter of a child, is the other one that carries the death penalty. It's either 3 or 4. And of course, as you said, Murder in the 1st degree.

I'm encouraged with all the lesser included possibilities. I agree that the jury instructions are very complicated, and the jurors have to take that stuff seriously. Even filling out the verdict forms is complicated!

Well, I looked up Aggravated Manslaughter of a Child and the statutes say it's a first degree felony, which is not a death penalty offense, so I'm wrong about Aggravated Manslaughter of a Child. Here's a link to the statute in re sentences:
http://www.leg.state.fl.us/statutes/.../0775.082.html

Last edited by Morgain; 07-04-2011 at 08:46 PM..
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