Rambler

Red Deer, Canada

#487183 Jan 26, 2013
ngrace wrote:
<quoted text>
The way I read it, counts 6 & 7, as charged in the indictment, get tossed.
How's that?
Rambler

Red Deer, Canada

#487184 Jan 26, 2013
ngrace wrote:
<quoted text>
Miranda.
Miranda what?
Rambler

Red Deer, Canada

#487186 Jan 26, 2013
The link to the Court's Opinion and my quotations is at the bottom of this post.

Reposting my analysis, for what it's worth.

I've revised my earlier conclusion slightly because I got when Casey said what backward.

The Court of Appeals determined Casey was interviewed TWICE, because they did not uphold (or misstated) the defense argument that she was in constant police presence the entire time:

5dca Opinion
"In light of the significant temporal break between Appellant’s two interviews with Detective Melich, we determine that each interview in which false information was given (or repeated) constituted a separate criminal episode"

All the false statement of all four Counts were made at the Anthony residence, and only Count 5 and 7 at Universal Studios. Those are the two separate occasions:

5dca Opinion
"All four of the false statements were made by Appellant in her interview with Detective Melich at the Anthony residence. Two of the false statements (Counts 5 and 7), were repeated to Detective Melich in the later interview at Universal Studios."

For some reason I notice the media is running with the two counts being tossed because they violate the Double Jeoprady rule, which is not supported by what is written in the appeal opinion:

5dca Opinion
"Appellant next argues that double jeopardy principles preclude her from being convicted for more than a single violation of section 837.055, because her various false statements to law enforcement officers constituted a single offense. The State takes the position that each of Appellant’s false statements constituted a separate offense and, therefore, no double jeopardy violation occurred. We reject both parties’ arguments and conclude that under the facts of this case, Appellant can properly be convicted of two counts of providing false information to a law enforcement officer during a missing person investigation.3"

But then the opinion goes on to state the appeal court must rule in favour of defendant when it rejects BOTH arguments:

5dca Opinion
"Furthermore, in attempting to interpret whether the Legislature intended to authorize separate punishments for each false statement given during an interview with a law enforcement officer conducting a missing person investigation, we are also bound by the rule of construction that any ambiguity must be resolved in favor of the defendant."

So the court favouring the defense is the reason Counts 5 and 7 were tossed, since the same statement was made again by Casey during the later separate interview at Universal Studios without her being advised of Miranda Rights -- which we all heard was Lizbeth Fryer's argument during the oral session.

http://www.5dca.org/Clerk/Anthony%2011-2357/1...
Rambler

Red Deer, Canada

#487189 Jan 26, 2013
chuckycheez_68 wrote:

Or what if the Court found for Casey on all four remaining counts when she submitted her appeal?
There is no monetary benefit for Casey as the government had 'probable cause' to believe that a crime was committed. With that said, I'm not delving into prosecutorial immunity from such a suit seeking monetary damages, nor whether she has any intention of seeking money from the State for a claim of wrongful imprisonment.
Is everything connected to who can file civil suits against who?

Sheesh Daisy, don't be so transparent, you give yourself away every time.
Rambler

Red Deer, Canada

#487190 Jan 26, 2013
chuckycheez_68 wrote:
<quoted text>
Hey. Nice to see you here. Miranda is a good point too. If I was handcuffed in the manner Casey was then un handcuffed, me? Time to call the attorney. It never would of gotten that far with me.
Was it custodial?? In my view, I would say hell to the yes. When the handcuffs come out it is custodial. What was next breakfast at Waffle House? Free to go? Ok sure she was.
Here, I'm looking at it from my perspective from first-hand experience. Regardless of my opinion of Casey, this to me is breathtaking.
Read the Appeal Opinion.

Nobody cares about yours.

Level 6

Since: Oct 11

Location hidden

#487194 Jan 26, 2013
Rambler wrote:
<quoted text>
The State insisted the murder was premeditated and the Court instructed the jury not to speculate.
Crying the blues, today are you?
****
The Casey Anthony Verdict: The Jury Did the Right Thing
By John Cloud Wednesday, July 06, 2011
Casey Anthony is guilty of many things. She is an enthusiastic liar. She was an indifferent mother. She mooched off her overindulgent parents for years. Even after her daughter went missing, Anthony partied and got a tattoo. But the state of Florida did not make a good case that Anthony murdered her daughter. In acquitting Anthony, the jury made the right call.
In his closing argument on July 3, one of the prosecutors, Jeff Ashton, said that a combination of chloroform and duct tape killed Caylee Anthony. But he couldn't say which came first, the chloroform or the duct tape; his team was never even able to prove that chloroform had been used. Caylee's corpse was found with duct tape on her face, but the tape had no fingerprints or DNA. And so Ashton, in his closing, had to resort to a passive accusation: "That tape," he said, "was placed there for one singular purpose. This murder was premeditated." But who, exactly, placed the tape? And who premeditated it?
Anthony got off because the prosecution couldn't answer such questions. Because the prosecutors had so little physical evidence, they built their case on Anthony's (nearly imperceptible) moral character. The prosecutors seemed to think that if jurors saw what a fantastic liar Anthony was, they would understand that she could also be a murderer.
more:
http://www.time.com/time/nation/article/0,859...
Very true..They had no case..from the start..

But the ..., Nasty Nancy Tube Vision of Tote Mom!!!
knowingly distorting the truth with criminal intent,
secretly embezzling Floridians fraudulently through
Florida Statute 119.

A Simple Liar is NOT a Simple MURDER!!!

Jeff Ashton`s TAPE is Red Tape!!! not duct tape!

Rambler

Red Deer, Canada

#487196 Jan 26, 2013
chuckycheez_68 wrote:
<quoted text>I was talking about what if Casey decided to sue the government for wronful imprisonment. Would she have basis? Its actually an interesting legal question in a case like this.
Yes Daisy, isn't it.

Do you think if you pick off old monikers to imposter it somehow makes you smarter?
Rambler

Red Deer, Canada

#487197 Jan 26, 2013
chuckycheez_68 wrote:
<quoted text>
Using this route Miranda is a great place to start. Now can we find a case with remarkably similar constitutional questions (not another Caylee case for many here)to resolve that were decided differently by courts in say, California, and Colorado for example?
Using this, I'm sure me and you could probably find easily five or ten cases to choose from all day long. Then comes the big question: Which one do we use to seek a Writ of Certiorari? Here, I would wager for the hell of it that what four Justices would vote to review?
If you want to lecture the class, you should have worked harder and not flunked your first year of law school, eh?

Level 6

Since: Oct 11

Location hidden

#487198 Jan 26, 2013
chuckycheez_68 wrote:
<quoted text>I was talking about what if Casey decided to sue the government for wronful imprisonment. Would she have basis? Its actually an interesting legal question in a case like this.
Casey already have two (2) years credit to herself..
Solitairy confinement..

Judge Perry had her serve 1 year @ 4 counts...
delaying her release till July 17th 2011......

I'm more interested in Judge Perry ORDER for Casey to PAYBACK
OCSO $217K for the Fruits of Labors searching for Caylee from
July 2008 till September 30th 2008...

That's gonna be interesting...

Back in a hour or so...

“One For the Money”

Since: Jan 12

Springfield, MO

#487199 Jan 26, 2013
Same Location wrote:
<quoted text>You better back off and remember who you're talking to.
I have always been very vocal against personal information being posted.
Ha, "my little hate group" :)
Calm down Nelly unless your head has been under a rock for four years then you have heard DW's name mentioned almost daily on this thread and others.
As matter of fact there was a poster last night posting about her family, so I find it odd that you would discuss her with the very posters who have harassed the poor woman. Signorbella/RememberCaylee.... ......and Maddy/GloomyDays
Oh and by the way, I could not care less who you are so gfy and have a wonderful day.
Rambler

Red Deer, Canada

#487200 Jan 26, 2013
Murphey_Law wrote:
<quoted text>
Very true..They had no case..from the start..
But the ..., Nasty Nancy Tube Vision of Tote Mom!!!
knowingly distorting the truth with criminal intent,
secretly embezzling Floridians fraudulently through
Florida Statute 119.
A Simple Liar is NOT a Simple MURDER!!!
Jeff Ashton`s TAPE is Red Tape!!! not duct tape!
Not talking about TMs civil suit, looking for an ALIVE Caylee?

Is TM on your long list of who you sent a notarized affidavit of your sighting to?

Level 1

Since: Feb 07

Orlando, Florida

#487201 Jan 26, 2013
WhiteTrashBloger wrote:
<quoted text>
Not legally, but hey, The public opinion will haunt her for the rest of her life. Good enough for me...
Yes, legally - she is not a murderer ---- and you know deep down inside that it's really not enough for you.

Level 1

Since: Feb 07

Orlando, Florida

#487202 Jan 26, 2013
WhiteTrashBloger wrote:
<quoted text>
So you are talking retrial, Interesting! Cheney could effectively put his foot in his mouth, again.
LOL - if she was granted a re-trial - or you even sure Ashton would have it prosecuted?

“Trixie”

Level 8

Since: Nov 11

the mad russian

#487203 Jan 26, 2013
Rambler wrote:
<quoted text>
Miranda what?
Carmen Miranda.
Day 1

Riverside, CA

#487204 Jan 26, 2013
Murphey_Law wrote:
<quoted text>
Very true..They had no case..from the start..
But the ..., Nasty Nancy Tube Vision of Tote Mom!!!
knowingly distorting the truth with criminal intent,
secretly embezzling Floridians fraudulently through
Florida Statute 119.
A Simple Liar is NOT a Simple MURDER!!!
Jeff Ashton`s TAPE is Red Tape!!! not duct tape!
Well Casey was not a simple liar she is a pathological liar, and she is a murderer ! And you loud mouth troubling making fruitcake, name one thing that Nancy Grace said about Casey, that was not true!

Level 1

Since: Feb 07

Orlando, Florida

#487205 Jan 26, 2013
gloomy days wrote:
<quoted text>
You & I must got to the same Optometrist
You too have 20/20 vision ain't it grand to see things in true perspective?
LOL - but both of you forget - Lady Justice wears a blind fold... while you two might see her as a murderer - legally, she was never convicted of it. Poor police work from the very get go.
Rambler

Red Deer, Canada

#487206 Jan 26, 2013
chuckycheez_68 wrote:
<quoted text>I was talking about what if Casey decided to sue the government for wronful imprisonment. Would she have basis? Its actually an interesting legal question in a case like this.
It a stupid question legal question since you know after October 14, 2008 Casey didn't apply for bail and on Dec 11, 2008 Jose Baez waived her right to a speedy trail.

“Trixie”

Level 8

Since: Nov 11

the mad russian

#487207 Jan 26, 2013
Rambler wrote:
<quoted text>
Read the Appeal Opinion.
Nobody cares about yours.
Let me be clear about this: NOBODY cares about your opinions. No one.
Rambler

Red Deer, Canada

#487208 Jan 26, 2013
ppk007 wrote:
<quoted text>
LOL - if she was granted a re-trial - or you even sure Ashton would have it prosecuted?
In that scenario, how do you suppose the public would react, if he dropped the charges?

Level 1

Since: Feb 07

Orlando, Florida

#487209 Jan 26, 2013
WhiteTrashBloger wrote:
<quoted text>
It is as if you never left dumbass.
LOL - thanks - if you seen me as anything other than a dumbass - I would start to worry.- oh and by the way - prior to me leaving, the majority opinion was that Casey would be convicted of murder and sentenced to either life in prison or the death penalty - remind me again, how did all the work out for all of you NON - dumbasses? ROTFLOLing

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