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Author Topic: Caylee Marie Anthony - JUSTICE DENIED #2 7/09 - 7/10/11  (Read 317998 times)
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TURBOTHINK
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« Reply #1020 on: July 10, 2011, 11:15:49 PM »

Can a judge declare a mistrial after a a verdict?

Can a judge declare a mistrial after a verdict is read by the jury? I know that either side can request a judgment not withstanding the verdict, which is for the judge to set aside a verdict and rule on his own, but can he declare a mistrial after the verdict is read?


The judge's basic role in the American Criminal Justice System, is akin that of a somewhat powerful referee, who insures that the legal Roget's Rules of Order are properly carried out fairly by both sides--WITH full respect to that particular state's and Federal laws. Not exactly as peachy a job as we see it being.

If both defense and prosecution agree to a judge's ruling, then so be it. Well, the same goes for a jury's ruling---the verdict IS the final outcome in THAT particular trial.

If the defendant / plaintiff disagrees with the outcome, they then can exercise their right to appeal the judge's or jury's decision / verdict.

The judge can call mistrial when there's an outright violation of legal procedure or actual law involving the trial itself ( jury contamination / tampering, perjury, evidence mishandling issues....etc ).

law.lexisnexis.com
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Where you find a generational evil, you find chaos, lies and many family secrets.

There is a DEEP GENERATIONAL EVIL in the Anthony family.
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« Reply #1021 on: July 10, 2011, 11:18:27 PM »


I respect your legal knowledge, but until I see it in print, I stick to what I wrote above

Jury tampering causes mistrial
http://www.lasvegasoptic.com/content/state-jury-tampering-causes-mistrial

The judge generally can call a mistrial when there's an outright violation of legal procedure or actual law involving the trial itself ( jury contamination / tampering, perjury, evidence mishandling issues....etc ).

http://answers.yahoo.com/question/index?qid=20110224014155AAccyD8
Turbo, in the Las vegas link, the trial was still ongoing, and the second link are anonymous people on yahoo......
I wish we could find the answer in some legal journal
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TURBOTHINK
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« Reply #1022 on: July 10, 2011, 11:19:23 PM »

After the jury returned verdict there was attempted jury tampering on all counts


http://www.lasc.org/opinions/95k1409.pc.pdf
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There is a DEEP GENERATIONAL EVIL in the Anthony family.
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« Reply #1023 on: July 10, 2011, 11:19:59 PM »


I respect your legal knowledge, but until I see it in print, I stick to what I wrote above

Jury tampering causes mistrial
http://www.lasvegasoptic.com/content/state-jury-tampering-causes-mistrial

The judge generally can call a mistrial when there's an outright violation of legal procedure or actual law involving the trial itself ( jury contamination / tampering, perjury, evidence mishandling issues....etc ).

http://answers.yahoo.com/question/index?qid=20110224014155AAccyD8
Turbo, in the Las vegas link, the trial was still ongoing, and the second link are anonymous people on yahoo......
I wish we could find the answer in some legal journal

Go to Lexis Nexis - there are many of them there.
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There is a DEEP GENERATIONAL EVIL in the Anthony family.
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« Reply #1024 on: July 10, 2011, 11:21:14 PM »

I cannot access lexis/nexis.... and didnt Bobo work for them before he got his law license?
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« Reply #1025 on: July 10, 2011, 11:26:37 PM »

Hi Monkeys...I'm still in shock over what's happened...I feel the same I did when OJ's verdict came in.  I continued watching Jeff Ashton on all the shows he was on and then Saturday I got food poisoned and was sick in the bed all day.  I couldn't even stomach watching anything about the case or the A's so I didn't.  Even today I haven't been able to watch anything...it's like something has died; maybe my believe that jurors can use their common sense.  I still can't believe the things that Jennifer Ford has said about why they couldn't come to the conclusion that Casey did it.  I thought Linda Burdick summed it up pretty good and did Jesse Grund when they said Casey was the last one to been seen with Casey.  Even for that reason she should have been charged with child neglect.  Something is just not right with the jurors.  I mean how can 12 people not see that?
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islandmonkey
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« Reply #1026 on: July 10, 2011, 11:27:48 PM »

Here is one that was overturned and then that was overturned........


this one is closer in circumstance to this case, but in the end NG stuck


http://www.dailybulldog.com/db/features/oui-fatal-accident-conviction-overturned/
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« Reply #1027 on: July 10, 2011, 11:29:15 PM »

http://gretawire.foxnewsinsider.com/2011/07/10/jury-foreperson-and-the-facts/

Jury Foreperson and the facts (and OTR at 10pm/Monday)
by Greta Van Susteren 


Quote
we did NOT compensate the juror foreperson for his interview.  He did NOT ask for anything and we did not offer him anything.

And yet, he's about to have his face on national tv.  Will his book deal be announced soon?
Edit to say, his voice.  They won't show his face.  But really, one taste of the spotlight and he'll be willing to start getting paid for his words.

I won't watch it.  This man is a coward..he won't even show his face.  I already know that he is the health teacher..so great another mandated reporter for child abuse and when it was staring him in the face with duct tape over Caylee's little mouth and nose he couldn't find it in his soul to report it by bringing in a verdict of at the least aggravated child abuse that lead to murder of a child of tender years...He is an imbecile and I don't want to hear anything he says...no name no face..not worth my time.

I hope someone in P County Florida is blowing up the phone of their school board..it's official you have a health teacher and a government teacher that do not have the interest of your students at heart.  They are mandated reporters and they couldn't even recognize aggravated child abuse that lead to death.............I'd be raising a heck of a fury if I lived there.
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« Reply #1028 on: July 10, 2011, 11:29:56 PM »

I just posted Juror #12 (Juror 3140) Prosecution & Defense interview in the Jury thread.

http://scaredmonkeys.net/index.php?topic=9924.msg1443203#msg1443203

it's a little interesting how she was originally just ok with the dp, then all gor the dp, yet didn't even find the Defendant guilty on any of the top 3 counts!
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« Reply #1029 on: July 10, 2011, 11:31:25 PM »

I cannot access lexis/nexis.... and didnt Bobo work for them before he got his law license?

yes
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« Reply #1030 on: July 10, 2011, 11:32:14 PM »

Jury tampering is a criminal offense characterized by attempts to influence members of a jury by means other than evidence and arguments presented in court. Jurors themselves can also be charged if they participate in jury tampering and do not report it. The result of jury tampering can be a false verdict or a mistrial, both of which are costly for the legal system and delay justice in the case at hand as the case will have to be retried.
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Where you find a generational evil, you find chaos, lies and many family secrets.

There is a DEEP GENERATIONAL EVIL in the Anthony family.
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« Reply #1031 on: July 10, 2011, 11:34:53 PM »

Just noticed something -- it gave me chills:


Cindy:   "Jealousy has taken her away."       

Casey:   "What is given can be taken away."



(Please forgive the interruption.)
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islandmonkey
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« Reply #1032 on: July 10, 2011, 11:36:14 PM »

I cannot access lexis/nexis.... and didnt Bobo work for them before he got his law license?

Yes....

ITA with you, this was the body of my last article


http://www.dailybulldog.com/db/features/oui-fatal-accident-conviction-overturned/

OUI fatal accident conviction overturned
Posted by Bobbie Hanstein • November 17, 2010 •
PORTLAND - In a 5-2 decision, the Maine Supreme Judicial Court has thrown out the conviction of a Lincoln man involved in a 2007 crash that killed one man and seriously injured another man in New Vineyard.


Ryan Hurd's aggravated OUI conviction was overturned by the state's Supreme Court on Tuesday due, in part, to an unusual jury verdict reversal.
 



<snipped>

After a recorded discussion by the judge and attorneys in chambers, the jury was handed a special verdict form to vote on. The jurors were given the choice of "aggravated OUI" and a second choice of "aggravated OUI - accomplice liability." Back in court, the jury's foreperson answered "not guilty" to the charge of aggravated OUI and "guilty" to the charge of aggravated OUI-accomplice liability.

Hurd's attorney, Richard Hartley, protested the decision and argued the guilty verdict should be vacated because the trial had ended with acquittals of manslaughter and drunk driving charges and the jury had been discharged.

"The Hurd jury rendered its verdict," Hartley wrote in a motion. "The Hurd jury was discharged. Public police, as reflected in Maine jurisprudence, mandates that the Hurd verdicts of not guilty to both counts can not be impeached."
Further, Hartley argued, the process after the jury rendered its initial verdict could be construed as "double jeopardy," or multiple attempts to convict on the same crime.

Assistant District Attorney James Andrews argued that no further deliberations took place and that the will of the jury had not changed.

"The note from the jury makes one thing perfectly clear," he wrote in the state's argument, "jury deliberation is at an end and the vote on the jury's intended verdict had already been taken prior to discharge. The jury's concern is entirely focused on the fact they have not been heard on their intended verdict."

In its decision Tuesday, Supreme Court Justice Donald Alexander wrote for the majority, "We conclude that the trial court erred when, after discharge of the jury, it inquired into the jury's deliberative process beyond establishing, to the extent permitted ... that the jury's original verdict of not guilty on the count of aggravated OUI was not the product of outside influence or external juror misconduct."

Hartley also took issue with the jury's instruction regarding accomplice liability on the charge of aggravated OUI which the high court majority agreed with had added to the jurors' confusion.

"The jurors' subsequent communication with the court establish that their concern over the verdict resulted from the jurors' misunderstanding of the jury instructions and the alternative theories presented for liability on the one count of aggravated OUI, not from outside influences or external juror misconduct."

<snipped>

"Had the foreman spoken up minutes earlier, prior to the court announcing that members of the jury had 'discharged (their) obligation to serve as juror' we would have no trouble concluding that the jury could have fully reported its verdict."
"In sum, I would conclude the jury had not been discharged and the court properly acted the jury to report its complete verdict," Jabar wrote.
Hurd had been sentenced to serve the mandatory minimum of six months in jail of a two-year sentence, then two years of probation.

The supreme court's ruling vacates the conviction and upholds the original verdict of not guilty, which effectively closes the criminal case against Hurd.


<snipped>


So, IMO it looks like when a NG is overturned ---that is overturned due to the above BBM
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« Reply #1033 on: July 10, 2011, 11:36:57 PM »

Dang bro - now I am getting really  mad.

They upset a young boyscout! This little guy has more good sense and integrity than
the Anthonys, the DT, and the Jury put together!!! (good short news clip)

http://www.youtube.com/watch?v=7Jptg5SB2kE
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"Don't talk about what you have done or what you are going to do." Thomas Jefferson
"The two enemies of the people are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become the legalized version of the first."Thomas Jeff
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« Reply #1034 on: July 10, 2011, 11:39:02 PM »

Here is one that was overturned and then that was overturned........


this one is closer in circumstance to this case, but in the end NG stuck


http://www.dailybulldog.com/db/features/oui-fatal-accident-conviction-overturned/

If I read it right they overturned it because the jurors were all dismissed? Strange case?
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« Reply #1035 on: July 10, 2011, 11:40:00 PM »

Here is one that was overturned and then that was overturned........


this one is closer in circumstance to this case, but in the end NG stuck


http://www.dailybulldog.com/db/features/oui-fatal-accident-conviction-overturned/

Hi Island! 

I think I know what Flamom is referring to. Jeff Ashton said (I think maybe it was on Dr. Drew, I forget) that if somebody is acquitted in a murder trial, then double jeopardy rules would protect Casey from ever being prosecuted for Caylee's death. He said it would be unfortunate if there was jury misconduct, but it wouldn't be a mistrial bc Casey was acquitted. If she were found guilty instead, then the rules would be slightly different and there could be a mistrial, however in that situation is would gave to be extreme and proven.

Alot of us, myself included, are trying to gather whatever info we can and post it. It's disgraceful that Casey will be free in a week. I'm disgusted...and all bc either people had an agenda & it was rigged or else they didn't have the balls needed to render a decent true verdict.
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Titch
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« Reply #1036 on: July 10, 2011, 11:43:11 PM »

Can a judge declare a mistrial after a a verdict?

Can a judge declare a mistrial after a verdict is read by the jury? I know that either side can request a judgment not withstanding the verdict, which is for the judge to set aside a verdict and rule on his own, but can he declare a mistrial after the verdict is read?


The judge's basic role in the American Criminal Justice System, is akin that of a somewhat powerful referee, who insures that the legal Roget's Rules of Order are properly carried out fairly by both sides--WITH full respect to that particular state's and Federal laws. Not exactly as peachy a job as we see it being.

If both defense and prosecution agree to a judge's ruling, then so be it. Well, the same goes for a jury's ruling---the verdict IS the final outcome in THAT particular trial.

If the defendant / plaintiff disagrees with the outcome, they then can exercise their right to appeal the judge's or jury's decision / verdict.

The judge can call mistrial when there's an outright violation of legal procedure or actual law involving the trial itself ( jury contamination / tampering, perjury, evidence mishandling issues....etc ).

law.lexisnexis.com

Then let's find whatever we can & send it to Linda's office.
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flamom
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« Reply #1037 on: July 10, 2011, 11:43:13 PM »

Dang bro - now I am getting really  mad.

They upset a young boyscout! This little guy has more good sense and integrity than
the Anthonys, the DT, and the Jury put together!!! (good short news clip)

http://www.youtube.com/watch?v=7Jptg5SB2kE
He is so sweet......
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flamom
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« Reply #1038 on: July 10, 2011, 11:45:00 PM »

Can a judge declare a mistrial after a a verdict?

Can a judge declare a mistrial after a verdict is read by the jury? I know that either side can request a judgment not withstanding the verdict, which is for the judge to set aside a verdict and rule on his own, but can he declare a mistrial after the verdict is read?


The judge's basic role in the American Criminal Justice System, is akin that of a somewhat powerful referee, who insures that the legal Roget's Rules of Order are properly carried out fairly by both sides--WITH full respect to that particular state's and Federal laws. Not exactly as peachy a job as we see it being.

If both defense and prosecution agree to a judge's ruling, then so be it. Well, the same goes for a jury's ruling---the verdict IS the final outcome in THAT particular trial.

If the defendant / plaintiff disagrees with the outcome, they then can exercise their right to appeal the judge's or jury's decision / verdict.

The judge can call mistrial when there's an outright violation of legal procedure or actual law involving the trial itself ( jury contamination / tampering, perjury, evidence mishandling issues....etc ).

law.lexisnexis.com

Then let's find whatever we can & send it to Linda's office.
I have been looking for anything that would set aside a not guilty for 2 days and it is like trying to find Jimmy Hoffa
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« Reply #1039 on: July 10, 2011, 11:45:21 PM »

Just noticed something -- it gave me chills:


Cindy:   "Jealousy has taken her away."       

Casey:   "What is given can be taken away."



(Please forgive the interruption.)


Like mother:




Like daughter



Like juror




 Monkey Devil! Monkey Devil!
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For Natalee and Stephany, whatever it takes.

-JUSTICE FOR NATALEE ANN - BOYCOTT ARUBA
------------------
"Don't talk about what you have done or what you are going to do." Thomas Jefferson
"The two enemies of the people are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become the legalized version of the first."Thomas Jeff
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