Caylee Marie Anthony-Justice Denied/Casey Free #5 7/29/11 - 8/03/11

[trimmonthelake]

http://blog.richardhornsby.com/
bLAWg, bLOG, BLAHg by Criminal Lawyer Richard Hornsby Rotating Header Image
The Great Probation Debate
Aug 2nd, 2011
by Richard Hornsby.
No comments yet

[4 Donks]

The scheme team is running late because jarhead has to limber up that finger.

[karenmamo]

imLichtenstein Jim Lichtenstein
Here's the deal. Jose/Cheney will file motion against Judge Strickland & his probation order. We're waiting 4 it to happen. #caseyanthony
1 minute ago http://twitter.com/#!/JimLichtenstein

Q here from this dummy:  Once the motion is filed, does that temporarily stop her from having to return on Thursday morning?  tia

[crazybabyborg]

http://blog.richardhornsby.com/
bLAWg, bLOG, BLAHg by Criminal Lawyer Richard Hornsby Rotating Header Image
The Great Probation Debate
Aug 2nd, 2011
by Richard Hornsby.
No comments yet

Good article, Trimm. It sums up the situation nicely. I don't know what's going to happen, but based on the past events in this case, I'm not holding my breath.

I'll just cross my fingers instead!   

[Ono]

http://blog.richardhornsby.com/
bLAWg, bLOG, BLAHg by Criminal Lawyer Richard Hornsby Rotating Header Image
The Great Probation Debate
Aug 2nd, 2011
by Richard Hornsby.
No comments yet

Lol ...

[Jazzy]

imLichtenstein Jim Lichtenstein
Here's the deal. Jose/Cheney will file motion against Judge Strickland & his probation order. We're waiting 4 it to happen. #caseyanthony
1 minute ago http://twitter.com/#!/JimLichtenstein

Q here from this dummy:  Once the motion is filed, does that temporarily stop her from having to return on Thursday morning?  tia

If they file and it is granted then she wont have to return to OC to the Prole office, but I think it has to be filed and a emergency hearing set if the emergency hearing isnt heard then on Thursday she better be at the P.O.s or her butt will be in jail.

this is just my understanding I know it goes for other prolees so not sure why it wouldnt go for her to. But we are talking about Casey

[seemeatthebeach]

 ::snipping2:: ::snipping2::

The Legality of Judge Strickland’s Sentence

To begin, the Florida Supreme Court has held time and time again that “a court’s oral pronouncement of sentence controls over the written document.” State v. Jones, 753 So. 2d 1276 (Fla. 2000) This principal has been reaffirmed by the Florida Supreme Court recently in State v. Akins, 36 Fla. L. Weekly S215a (Fla. May 26, 2011) (“when there is a discrepancy between the written sentence and ‘the oral pronouncement, the oral pronouncement prevails.’)

As a result, even if there was a discrepancy between Judge Strickland’s oral pronouncement of sentence, where he said the probation was to begin “once released” and the written minutes that omit these “magical words,” the oral sentence still controls – irrespective of how the defense or the Department of Corrections wants to interpret it.
Did Written Order Even Conflict with Oral Sentence?

Nonetheless, even if the written sentencing minutes did not contain the magical words “upon release,” Judge Strickland did not legally have to even include them in his oral pronouncement for Casey Anthony’s probation to have begun “once released.”

 ::snipping2:: ::snipping2:: ::snipping2::

http://blog.richardhornsby.com/

[pharlap]

There's a sad sight outside my window today. Yesterday there were two dead baby rabbits in the yard between my building and the next. Today the mother rabbit is hopping around desperately looking for them. 

Bunny-mom cares more that some human moms.
You have a tender heart.

slow day so heres a monkey mom;
http://www.youtube.com/watch?v=4vg04nkNdYA

Tk U, I make it as a favorite......SO cute....

[trimmonthelake]

http://blog.richardhornsby.com/
bLAWg, bLOG, BLAHg by Criminal Lawyer Richard Hornsby Rotating Header Image
The Great Probation Debate
Aug 2nd, 2011
by Richard Hornsby.
No comments yet

Good article, Trimm. It sums up the situation nicely. I don't know what's going to happen, but based on the past events in this case, I'm not holding my breath.

I'll just cross my fingers instead!   

I'm crossing fingers on one hand and saving the other hand for Mason.   

[Ono]

The suspense is awful---hopefully, Hornsby will let us know quickly what's happening.

[trimmonthelake]

http://blog.richardhornsby.com/
 ::snipping2::
Have some balls Lawson Lamar

Seriously Lawson Lamar, grow a sack. I know next year is an election year and you want to distance yourself from Ms. Anthony and the boondogle of a prosecution you put on lest a formidle challenger emerge.

But since you thought she was such a danger to society that you were committed enough to have her executed, I think you should be committed enough to at least try and have the Department of Corrections execute a simple probation sentence on her for one year.

If you don’t, the irony is indeed rich that Jose Baez and Chaney Mason ultimately made you their Bitch.

[cookie]

http://blog.richardhornsby.com/
 ::snipping2::
Have some balls Lawson Lamar

Seriously Lawson Lamar, grow a sack. I know next year is an election year and you want to distance yourself from Ms. Anthony and the boondogle of a prosecution you put on lest a formidle challenger emerge.

But since you thought she was such a danger to society that you were committed enough to have her executed, I think you should be committed enough to at least try and have the Department of Corrections execute a simple probation sentence on her for one year.

If you don’t, the irony is indeed rich that Jose Baez and Chaney Mason ultimately made you their Bitch.

whoa! that tells it like it is!

[Ono]

::snipping2:: ::snipping2::

The Legality of Judge Strickland’s Sentence

To begin, the Florida Supreme Court has held time and time again that “a court’s oral pronouncement of sentence controls over the written document.” State v. Jones, 753 So. 2d 1276 (Fla. 2000) This principal has been reaffirmed by the Florida Supreme Court recently in State v. Akins, 36 Fla. L. Weekly S215a (Fla. May 26, 2011) (“when there is a discrepancy between the written sentence and ‘the oral pronouncement, the oral pronouncement prevails.’)

As a result, even if there was a discrepancy between Judge Strickland’s oral pronouncement of sentence, where he said the probation was to begin “once released” and the written minutes that omit these “magical words,” the oral sentence still controls – irrespective of how the defense or the Department of Corrections wants to interpret it.
Did Written Order Even Conflict with Oral Sentence?

Nonetheless, even if the written sentencing minutes did not contain the magical words “upon release,” Judge Strickland did not legally have to even include them in his oral pronouncement for Casey Anthony’s probation to have begun “once released.”

 ::snipping2:: ::snipping2:: ::snipping2::

http://blog.richardhornsby.com/

So it boils down to this:   Can a written pronouncement usurp the spoken words of the Court?

[cookie]

::snipping2:: ::snipping2::

The Legality of Judge Strickland’s Sentence

To begin, the Florida Supreme Court has held time and time again that “a court’s oral pronouncement of sentence controls over the written document.” State v. Jones, 753 So. 2d 1276 (Fla. 2000) This principal has been reaffirmed by the Florida Supreme Court recently in State v. Akins, 36 Fla. L. Weekly S215a (Fla. May 26, 2011) (“when there is a discrepancy between the written sentence and ‘the oral pronouncement, the oral pronouncement prevails.’)

As a result, even if there was a discrepancy between Judge Strickland’s oral pronouncement of sentence, where he said the probation was to begin “once released” and the written minutes that omit these “magical words,” the oral sentence still controls – irrespective of how the defense or the Department of Corrections wants to interpret it.
Did Written Order Even Conflict with Oral Sentence?

Nonetheless, even if the written sentencing minutes did not contain the magical words “upon release,” Judge Strickland did not legally have to even include them in his oral pronouncement for Casey Anthony’s probation to have begun “once released.”

 ::snipping2:: ::snipping2:: ::snipping2::

http://blog.richardhornsby.com/

So it boils down to this:   Can a written pronouncement usurp the spoken words of the Court?

shouldn't...especially when it is video taped exactly what Judge said.
anyone can make a typo..should not trump what the judge actually said imo...

[trimmonthelake]

http://myclerk.myorangeclerk.com/CaseDetail.aspx?CaseID=6236234
08/01/2011           Motion to Intervene
for the Limited Purpose of Seeking Release of Previously Sealed Material

08/02/2011           Order Granting
in Part Motion to Intervene for the Limited Purpose of Seeking Release of Juror Information Once Jury is Discharged

[Ono]

::snipping2:: ::snipping2::

The Legality of Judge Strickland’s Sentence

To begin, the Florida Supreme Court has held time and time again that “a court’s oral pronouncement of sentence controls over the written document.” State v. Jones, 753 So. 2d 1276 (Fla. 2000) This principal has been reaffirmed by the Florida Supreme Court recently in State v. Akins, 36 Fla. L. Weekly S215a (Fla. May 26, 2011) (“when there is a discrepancy between the written sentence and ‘the oral pronouncement, the oral pronouncement prevails.’)

As a result, even if there was a discrepancy between Judge Strickland’s oral pronouncement of sentence, where he said the probation was to begin “once released” and the written minutes that omit these “magical words,” the oral sentence still controls – irrespective of how the defense or the Department of Corrections wants to interpret it.
Did Written Order Even Conflict with Oral Sentence?

Nonetheless, even if the written sentencing minutes did not contain the magical words “upon release,” Judge Strickland did not legally have to even include them in his oral pronouncement for Casey Anthony’s probation to have begun “once released.”

 ::snipping2:: ::snipping2:: ::snipping2::

http://blog.richardhornsby.com/

So it boils down to this:   Can a written pronouncement usurp the spoken words of the Court?

shouldn't...especially when it is video taped exactly what Judge said.
anyone can make a typo..should not trump what the judge actually said imo...

Absolutely agree----The Court should not be held hostage by a typist's ommission/commission.   "Many a slip twixt the cup and the lip."  should not apply in a courtroom.

[Ono]

Hornsby's blog is interesting--I'll have to start reading him.  At least he's not afraid to say something!   

[trimmonthelake]

http://myclerk.myorangeclerk.com/CaseDetail.aspx?CaseID=1450829
FERNANDEZ-GONZALEZ, ZENAIDA vs. ANTHONY, CASEY
08/01/2011           Order
ON DEFENDANT'S RESPONSE TO

[trimmonthelake]

http://myclerk.myorangeclerk.com/CaseDetail.aspx?CaseID=7738649
Case No. 2011-CA-008475-O
TEXAS EQUUSEARCH MOUNTED SEARCH AND RECOVERY vs. ANTHONY, CASEY
08/01/2011           Motion
TO STRIKE NOTICE OF DEPOSITION AND FOR PROTECTIVE ORDER
08/01/2011           Motion to Dismiss
WITH SUPPORTING MEMORANDUM OF LAW

[Grandma2Maddie]

http://myclerk.myorangeclerk.com/CaseDetail.aspx?CaseID=7738649
Case No. 2011-CA-008475-O
TEXAS EQUUSEARCH MOUNTED SEARCH AND RECOVERY vs. ANTHONY, CASEY
08/01/2011           Motion
TO STRIKE NOTICE OF DEPOSITION AND FOR PROTECTIVE ORDER
08/01/2011           Motion to Dismiss
WITH SUPPORTING MEMORANDUM OF LAW

I'm dumb here but are all of these motions by the Dufense!!