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Guess What, Did you know when the state seeks the death penalty, the Defendant becomes eligible for state money.”

Watch what you wish for, when you don’t want to pick up the tab.
A man was convicted and sentenced to die for the 1978 rape and murder of a 6-year-old child in Chatham County, Georgia, the kind of high-visibility crime that exerts great pressure on police and prosecutors to solve quickly.

On November 6, 1991, after more than eleven years protesting his innocence–watching time forever slip away behind him while it moved him closer and closer to the electric chairThe Man was released. A free man.

It had taken his appellate lawyers, working without pay, that many years to prove that the government’s capital case against their client rested on a foundation of official lies, the knowing use of false testimony, and the willful suppression of evidence in the state’s possession which not only tended to support appellee’s claim of innocence, but which pointed to the guilt of another.

 

 

 

 

 

 

 

 

 

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“Is that the best rebuttal you have?, that I misspelled a word!” responding to Txx

“oh and by the way genius, it’s cynicism, not Sinicism….lmao”.   

Above was Posted by: Txx on Hal's Blog 

Is that the best rebuttal you have, a misspelled a word.  I was in the middle of a seeking all sides and the length marked components of a triangle, trigonometric function called.” modeling periodic phenomena.”  The results were printing, mean while, I was reading the Hal’s Blog, when oops, a slip of the middle finger hit the “S” key in stead of the “C” key, the rest, it’s infamous thanks to you pointing it out my in ability to type 318 words, one of which was misspelled.  I guess I will stick to modeling periodic phenomena for now [note to self, turn off computer before doing research charts].

A not so normal sentence on a normal day – “So you got Jury Duty”! you might want to look up these words and phrases – , “peremptory challenge, ” “death-qualified” , “Fair and Balanced”.

“- the blogger in the jury room please stand up”!

The other thing that the blog could produce is evidence that the juror has prejudged the case. It could also provide evidence that in some cases perhaps the jurors lied or fudged the truth during voir dire. All of those could cause motions for new trial,” Conrad said.

A New York trial judge, state Supreme Court Justice Helen Freedman, said jurors should not blog until the trial is over.

“You’re not supposed to talk to anyone about the case, so by posting or blogging you’re talking to people about the case,” she said.

Right to Impartial Jurors
Your client has a constitutional right, in both civil and criminal cases, to have his or her case heard and decided by an “impartial” jury. See Florida Constitution, Declaration of Rights, Article 1, Section 22 and Section 16.

This fundamental right to an impartial jury is the same in both civil and criminal cases. State v. Neil, 457 So. 2d 481 (Fla. 1984);

i.e; –
City of Miami v. Cornett, 463 So. 2d 399 (Fla. 3DCA 1985). The trial lawyer must be aware of Florida Statute 913.12 which states: “The qualifications of jurors in criminal cases shall be the same as their qualifications in civil cases.” The “burden of proof” may be different between civil and criminal cases, but the qualifications of jurors are not! The qualifications of the jurors are the same regardless of whether the case is a murder trial or a slip-and-fall trial.

This statute is important because it broadens the case law available to the trial lawyer. The appellate cases, be they civil or criminal, apply equally in all proceedings. Criminal case law applies just as much in a civil trial as it does in a criminal trial when the issue is the qualifications of the jurors, and vice versa. See e.g. Pacot v. Wheeler, 758 So2d 1141 (Fla 4 DCA 2000) “We note that this strict standard, which is equally applicable in civil and criminal cases, does not appear to leave room for “broad” discretion in these circumstances.”

1. Mandatory Disqualification:

      Biased Jurors –

  • Any person who “has a state of mind regarding the defendant, the case, or the person alleged to have been injured … that will prevent the juror from acting with impartiality.” (913.03); Any person who “has formed or expressed any opinion or is sensible of any bias or prejudice concerning it.” (1.431);
  • Any person “interested in any issue to be tried” in the action (40.013 & 1.431); Any person who is an employee or who has been an employee of any party within 30 days before trial (1.431);
  • Any person under prosecution for any crime (40.013);
  • Convicted felons or those convicted of bribery, forgery, perjury or larceny (unless rights restored) (40.013);
  • Governor and his cabinet (40.013); Clerk of Court; Full time Law enforcement officers and investigators (unless they choose to serve)(40.013);
  • Persons related by blood or marriage within the third degree to the plaintiff, defendant or the attorneys (913.03 & 1.431);
  • Any person who does not possess sufficient knowledge of reading, writing or arithmetic to understand the case, if the case requires such knowledge (1.431)

Goodspeed. . . .

 

[citation – Vesna Jaksic
The National Law Journal
March 19, 2007 ]

I know what I do not want from my local News station,… warning sweeps weeks in may coming soon to WFTV, WESH, WKMG and CFNews 13

 why do they have an email for suggestions, when they do not read them,
if they did, there would be some changes.  The new tag line for all these
stations should be “[wkmg, wesh, wftv, not necessarily the news, ..news”

“What do you want from local News” ?

It seem the the stations, are always adding a local angle on the national subjects,
always making something closer to sensationalism verse truth. “so what the guy
who rescued so and so, is the third cousin of a guy who lives in Orlando”….

Too much news time? Yes, 3 hours of the same stories is just enough to place
anyone under doctors care, Diagnosis – Post Traumatic Stress syndrome, due
to fear mongering Local New stations. A corollary to this complaint was a sense
from many of the respondents that there’s too much repetition in newscasts.
Of course, there is an easy way for viewers to solve the repetition problem themselves:
Just turn off the TV. Too many teases? too much hype: “We watch the news
to be informed and not to be asked questions about a story that is coming up,”
“Please quit telling me over and over what you are going to tell me at 6 o’clock,”
 “Just tell me.” The word “hype” was used repeatedly by viewers frustrated
by hyperbole in newscasts.

Too Much Similarly?  when that’s not where it happened other than to hype
the story unnecessarily? Misleading Headlines and teasers, not until
the actual segment is air do you find out that it was no where near
the area the headlines stated.

Too much weather:?
WFTV 9 has “Severe Weather Center 9” [banner is in studio all year round]
WESH 2 has “Weather Plus+ [channel 2 recently change theirs, from Super Doppler 2 ]
WKMG 6 has “Storm Chasers” ,
and CFNews13 “weather on the ones”.
I can see the ” 1″  in my after an hour of watching that station.

Although I’m sure local stations have reams of research and ratings spikes that prove
viewers love weather news, but most viewers were annoyed by weather hype.  
I guess it is never sunny in Florida anymore..tourism down, we have our local
weather stations to thank for that.

Too many references to Web sites?  “The phrase that sends me not to my computer, 
but through the roof, especially when it it lightening and thundering, and I’m going
to turn on my computer…duh. – ‘If you want to know more about this subject log
on to our Web site …”

 This is not just an issue with local stations, but I address this because people
who have been left with the digital TV changes and have no choice but their local stations,
I think it is the local stations responsibilityto offer a non-bias representation of the news
and the people it is covering as well as the people who newer base.

footnote – FAIR  – The first step in challenging biased news coverage is documenting bias.

 

added reading – Profiting from the panic

Local News stations, torn between 10 minutes of storm footage or 10 minutes of Casey…

 

I think they yank a few minutes from the sports section, so they wouldn’t have to make such a hard press decision, Between” Your right to know that a storm is head your way”, or “Their right to freedom of the press and what they think we want to know”.

 – Kathi Belich always gets what she wants.  With a new 3-year contract, I hope that we have a big storm season, so I see less of her and more of Tom Terry; He at least sticks to the facts.

 

Grandparents to Appear on ‘Oprah’ and the State Attorney seeking Death Penalty, – Is this just a conincidence?

Kathi Belich will be staying up round the clock to get an exclusive, she is probably trying to get the network to pop for a trip to Chicago to follow the Anthony’s to the stage door.

By the way with sweeps week, which count for both the network shows, but also for the network news programs.

And for the   “I Hate Casey Anthony” groupies, please  take a minute to read this website, and know that there is no going back if they get it wrong.

– with comments like this one, proves my point that Ms. Anthony’s right to a fair trail is in jeopardy,

“The state has more than enough evidence against Casey.  And people hate her and her family so much it will be a piece of cake sending that murdering sl*t to the chair. Or the needle. Casey will be able to choose her manner of death which is more than you can say for little Caylee”. -BeeNees

updated 4 14 2009 –

I guess everyone is still over on the Oprah site. So based on the local stations, their reporters,have already convicted Ms. Anthony.

 

Maybe a little more reading and a little less watching the local coverage, may offer a new view, and a little less zeal to want to add the death penalty,  May I suggest this title, “The Wrong Man”, it’s author Vermont Law professor, Michael Mello ,the book is about the two decades he spent preventing the execution of Joe Spaziano, a case which, according to the summary of the book, cost Mello any hope of practicing in Florida again.

“Most Americans would be horrified at how courts and governors handle death-penalty cases, and this book is more than worth its price for its account of that process,” the Washington Post.

As of right now, there has not been anything directly linking Ms. Anthony to the actual act that caused the taking of Caylee’s life, If the media has any information otherwise it would have released it, unless holding on to the information would allow them to continue this line of bias reporting.

 

the stay place by the Gov’r in Spaziano case was due to a re-canted statement, that was given during the trial.

just thinking out loud / Finn

original reply posted here –

 

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