Anna Nicole Smith Marshall

[justinsmama]

Got this from Wikpedia:

Voluntary manslaughter

Voluntary manslaughter cases where the defendant may have an intent to cause death or serious injury, but the potential liability for murder is mitigated by the circumstances and state of mind. The most common example is the so-called heat of passion killing, such as where the defendant is provoked into a loss of control by unexpectedly finding a spouse in the arms of a lover or witnessing an attack against his or her child.

There have been two types of voluntary manslaughter recognized in law, although they are so closely related and in many cases indistinguishable that many jurisdictions do not differentiate between them.

    * Provocation. This is a killing caused by an event or situation which would probably cause a reasonable person to lose self-control and kill.

    * Heat of Passion. In this situation, the actions of another cause the defendant to act in the heat of the moment and without reflection. This falls under the provocation heading.

    * Diminished Responsibility is another defence to murder that will negate the charge down to voluntary manslaughter. An abnormality of the mind that causes the defendant to not know what he is doing at the time of the killing.

Involuntary manslaughter

Involuntary manslaughter, sometimes called criminally negligent homicide in the United States or culpable homicide in Scotland, occurs where there is no intention to kill or cause serious injury but death is due to recklessness or criminal negligence.

Criminal negligence

Negligence consists of conduct by an individual which is not reasonable -- that is, the individual did not act with the care and caution of a reasonable person in similar circumstances. This "reasonable person" is fictitious, of course, but reflects the standard of conduct which society wishes to impose. Violation of this standard may lead to civil liability for the consequences of the negligent behavior.

Negligence rises to the level of criminal negligence where the conduct reaches a higher degree of carelessness or inattention, perhaps to the point of indifference.

Recklessness

Recklessness or willful blindness is defined as a wanton disregard for the known dangers of a particular situation. An example of this would be throwing a brick off a bridge onto vehicular traffic below. There exists no intent to kill, consequently a resulting death may not be considered murder. However, the conduct is probably reckless, sometimes used interchangeably with criminally negligent, which may subject him to prosecution for involuntary manslaughter: the individual was aware of the risk of danger to others and willfuly disregarded it.

In many jurisdictions, such as in California, if the unintentional conduct amounts to such gross negligence as to amount to a willful or depraved indifference to human life, the mens rea may be considered to constitute malice. In such a case, the offense may be murder, often characterized as second degree murder.

In some jurisdictions, such as Victoria, recklessness is sufficient mens rea to justify a conviction for murder.

 Vehicular or Intoxication manslaughter

Vehicular manslaughter is a kind of misdemeanor manslaughter, which holds persons liable for any death that occurs because of criminal negligence or a violation of traffic safety laws. A common use of the vehicular manslaughter laws involves prosecution for a death caused by driving under the influence (or driving with .08% blood alcohol content), although an independent infraction or negligence is usually also required.

In some US states, such as Texas, Intoxication Manslaughter is a distinctly defined offense. A person commits intoxication manslaughter if he or she operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and is intoxicated and by reason of that intoxication causes the death of another by accident or mistake. [1]

Intoxication manslaughter, vehicular manslaughter and other similar offenses require a lesser mens rea than other manslaughter offenses. Furthermore, the fact that the defendant is entitled to use the alcohol, controlled substance, drug, dangerous drug, or other substance is not a defense. [2] For example, in Texas, to prove intoxication manslaugher it is not necessary to prove the person was negligent in causing the death of another, only that they were intoxicated and operated a motor vehicle and someone died.

Misdemeanor manslaughter

In the United States, this is a lesser version of felony murder and covers a person who causes the death of another while committing a misdemeanor -- that is, a violation of law that does not rise to the level of a felony. This may automatically lead to a conviction for the homicide if the misdemeanor involved a law designed to protect human life. Many violations of safety laws are infractions, meaning that a person can be convicted regardless of mens rea.

[justinsmama]

Consider also whether Anna was actually what is considered a competent adult during this period. By some accounts, she was intoxicated much of the time. And with a fever of 105 degrees F, what would her ability to think and reason be? Would any of this come into play in looking at legal responsibility of those involved?

[Carnut]

Consider also whether Anna was actually what is considered a competent adult during this period. By some accounts, she was intoxicated much of the time. And with a fever of 105 degrees F, what would her ability to think and reason be? Would any of this come into play in looking at legal responsibility of those involved?

Was ANS ever a competent adult?

[justinsmama]

Consider also whether Anna was actually what is considered a competent adult during this period. By some accounts, she was intoxicated much of the time. And with a fever of 105 degrees F, what would her ability to think and reason be? Would any of this come into play in looking at legal responsibility of those involved?

Was ANS ever a competent adult?

     

[AZSunny]

oh MeMere I agree ! I thought Moe stated he called 911 when his wife called to tell him she was starting CPR, I never took away from his interview it was 45 minutes for he stated he called 911 for her from his cell in the car the minute she told him AN was unresponsive? I'll get over it, going to try to locate the statement marlee referred to hopefully it will help my confusion. when son was a baby he was a SIDS baby, I used to hit our alarm button just because it saved time to send for the EMT's and to allow me to begin the CPR required instead of going thru the verbal drills by phone with 911. So I guess I assumed Moe had done this to enable his wife to do CPR and not be limited to answering questions for 911? I guess Moe lied, all I can gather from this now until I reference that statement.

I should not jump in without a link.....the comment I heard was one from
a cable talk show.... ....I will try to locate and correct if necessary....thanks

gosh you did nothing wrong at all, we all want the truth and that's how we find it by referencing the documentation ! I guess I am like Dihannah1, I so wanted to believe Moe. I paid such attention to everything he said too which is the only reason why I recall so much of it. 70 minutes though, just so terrible. I swear he said he called 911 right away ! arrghh  !

None,  as I remember it, he told Greta that his cell phone number was registered in another county and he was afraid if he called 911 it would go to the area code on his phone and he would reach the wrong county, so he called the hotel operator, explained and asked them to call 911 therfore being from the right area code.

[Marlee]

The Hard Rock Hotel and Casino where ANS died is on an Indian Reservation, right?  The Seminole Indians run it.  The Seminole police investigated.
My question is....Do Florida laws extend to an Indian reservation? Or do the Seminole Indians have their own laws?

[AZSunny]

The Hard Rock Hotel and Casino where ANS died is on an Indian Reservation, right?  The Seminole Indians run it.  The Seminole police investigated.
My question is....Do Florida laws extend to an Indian reservation? Or do the Seminole Indians have their own laws?

The Seminoles have jurisdiction, but I don't know that they have there on laws?

[nonesuche]

AZSunny thanks for reminding me of Moe's cell number, I had forgotten that detail but now remember that is exactly what he said.

At the press conference with the autopsy results by the coroner, it wasn't the Seminole police reporting on the investigation but the Orange County police chief? Isn't it Orange? Now I don't trust my memory.....

I do think Virgie has likely already begun a wrongful death civil pursuit against HKS and perhaps even moe and his wife will be implicated. She remarked in the Bahamas this week she was at the inquest "to find out who killed my children".

[AZSunny]

None,  I thought it was the Seminole police chief...I don't remember another police chief, but I was a little preoccupied with that work thing at the time...badly multi-tasking.      

[lexie]

According to Fox News last night, HK Stern filed an appeal on the paternity suit yesterday.  The grounds include that the DNA sample constitutes a gross invasion on the person of Dannielynn,  for the sole purpose of satisfying curiousity.  Strange wording ... but what about this case is not strange.

[Seamonkey]

With everything HKS has done in the last week, appeals, petitions to delay, etc... he sure acts like he is guilty of something. As an alleged " lawyer " I would think he would realize his actions are quite suspicious acting and would seem so to others.

 I was talking to artcolley last night, she brought a very good point, why is his lawyer in the bahamas for this inquest a CRIMINAL lawyer and NOT a CIVIL lawyer like he did have for all the other procedings????? Yet another thing that makes you go HMmmmm.

[pdh3]

The Hard Rock Hotel and Casino where ANS died is on an Indian Reservation, right?  The Seminole Indians run it.  The Seminole police investigated.
My question is....Do Florida laws extend to an Indian reservation? Or do the Seminole Indians have their own laws?

The Seminoles have jurisdiction, but I don't know that they have there on laws?

I think Native Americans follow federal laws, but not necessarily state laws. I think they have their own laws independent of the state where their reservation may be located. That's my understanding of how they work.

[justinsmama]

According to Fox News last night, HK Stern filed an appeal on the paternity suit yesterday.  The grounds include that the DNA sample constitutes a gross invasion on the person of Dannielynn,  for the sole purpose of satisfying curiousity.  Strange wording ... but what about this case is not strange.

He can blow it out of his nose. What a jerk, trying to delay the inevitable.

[Seamonkey]

I heard something earlier, then I read something, then I researched to make sure it was real and not some rumor by the celebrity rags.

 AFTER reading it, I was like EWwwww! I was like totally speechless, jaw dropped and all...It is part of her autopsy report.

 "The report lists Smith's tattoos:

There is a pair of red lips in the right lower abdominal quadrant.
Two red cherries are on the right mid-pelvis.
A "Playboy Bunny" is on the left anterior mid pelvis.
The words "Daniel" and "Papas" are on the mid-anterior pelvis region.
A mixed tattoo on the right lower leg and ankle represents Christ's head, Our Lady of Guadalupe, the Holy Bible, the naked torso of a woman, the smiling face of Marilyn Monroe, a cross, a heart and shooting flames.
A mermaid on a flower bed with a pair of lips underneath it lying across the lower back.

The autopsy report also talks of Smith's "bilateral (breast) implants, each containing 700ml of clear fluid."

 It is the 4th tatoo mentioned that bothers me "DANIEL". OMG!! Like WHAT MOTHER does that in THAT area of HER own SON???. We are talking VERY Low in "that" area. I read another site and I have to agree with them in light of a few reports I have read since then. And a little itsy bitsy feeling I was thinking last week. Perhaps her son was the daughters daddy?? I brushed it aside and even was kind of kidding ... BUT... Also it brings up another question, why would a Mother name her daughter after her son?? Many woman name thier daughters after the men that fathered them, making funny variations of the male's name to make it sound female. Did Anna just love the name daniel so much OR was she naming the daughter after the father/son/brother ??? Hmmmm , this whole Anna saga gets stranger and stranger.

[Marlee]

Seamonkey -
ANS named the baby Dannielynn Hope after Daniel died.  In honor of him.  I believe the baby's original name was Hannah Rose. Or something like that.

[Marlee]

I just found this interesting quote from HKS from when he had an interview with Larry King after Daniel died.

When King asked Stern if he planned to marry Smith, he replied, "I've loved her for quite some time and hopefully the feeling's mutual. At some point, we will. Right now we have to somehow get through what we're going through.

hopefully the feelings mutual?  

just another thing that makes you go hmmmmm.......


http://www.people.com/people/article/0,26334,1539661,00.html

[AZSunny]

According to TMZ.com- He strikes again.  What is this man afraid of??


Howard K. Stern has temporarily derailed the inquest into Daniel Smith's death. The judge in the case has put the inquest on ice for at least two weeks.
Stern's lawyer argued the law allowing the inquest was flawed, because it was impossible to impanel a fair and impartial jury given the massive publicity surrounding the deaths of Anna Nicole and her son.

The inquest judge is letting Stern's lawyer go to the Supreme Court of the Bahamas to argue that the hearing should be permanently blocked.

[nonesuche]

AZSunny-

It's the art of manipulation of the law and it troubles me just as it does you but I had a gut feeling from the start HKS would and could do this. I expect this is going to drag out a very long time, one continuance right after another.....

[Marlee]

SHEESH!  HE isn't even on trial.  He's got something to hide and he's afraid of something.  I hope they nail him.

[Kkial]

Did anybody see Greta?

She had a great idea....or her husband did..

Larry B,,,go to the Fed Court tomorrow and get the DNA that is in Ohio. and he could do that because of the CA order...

If HKS does not turn over Dannilynn if Larry B is the father,,then it would be kidnapping...

I think that Nassau does not want another Aruba.....

I cannot believe HKS is having so much to say when he does not own property and is not a resident of the Bahamas...

Thought Greta had a great idea and hope Larry gets the message.