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Everything posted by IndiaFoodie

  1. So, Casey Anthony could do NOTHING then to stop Baez from implicating her father? Except fire him? Okay, what about in the situation where there was a past court recognized conflict-of-interest between the client and this particular attorney, and the attorney still ended up representing the client in this present case over the client's objections and assertions that this attorney would not be able to represent him impartially. Isn't the attorney's choice now of an easier "that guy did it" defense over the more difficult task of researching evidence to show a police official directed a "designer investigation" a possible indication of a lack of willingness to represent him properly? Should the witness hire an attorney pretrial then for protection? Whether the State anticipated this defense or not it has had this witness admonished by court that if the witness chooses to testify anything the witness says can be used against the witness in future charging. The witness is now subpeonaed and will have no choice but to appear.
  2. I have a serious question which may seem convoluted. I don't want to run and consult an attorney about this because the case is sensitive. But I will do so if all of you advise me along those lines: I know that criminal defense attorneys will use any strategy they can to get their client off the hook at trial. Example: At Anthony Casey trial, did one truly believe that her dad molested her? I asked an attorney that question recently and got the response that it did not matter; that the jury did believe it and that was what was important. I also know that in serious felony cases involving more than one charged suspect, that it is common to play one suspect off to the jury as the culprit while defending the other. And that this is a proven strategy that often works no matter what the truth of the matter is. Can someone please tell me, what are the ethical boundaries for a criminal defense attorney to subpoena and examine a witness in a very serious felony case who he knows had nothing to do with the incident but who he can shape available circumstantial evidence to allege that they did the crime and not his client? Can he do so even over the specific objection of his own client??? If his own client, before trial, sends his attorney a letter in writing directing his attorney to use a different trial strategy putting the responsibility for his being a suspect on the over-zealousness of an investigator who controlled and fabricated evidence against him, and tells his attorney that he is aware of the other strategy his attorney intends to use and that he cannot approve of it and does not want it used because it will instead harm someone who the defendant knows is an innocent party; can the attorney still completely ignore the wishes of his client and proceed to still use that innocent party? Is the attorney in that situation subject to any particular ethical constraints?
  3. Guys, Findlaw is not being straight-up here about the reasons for the decreased posting since July 1. Findlaw may have made operational changes, but some form of a PURGE also occurred. Inmate access to this forum was eliminated in a number of jails (IL for example), and Findlaw may have initiated this action. There are a number of member sign-ins which are no longer operational too. For example, one IL county jail used to allow inmate access to this forum, FastCase, the State Statutes, and the State legislative website and State jail regulations website. Since most jails and more prisons are eliminating physical libraries or never allowed inmate access to such, so having such access provided inmates with at least a minimum of legal research options. Since July 1, this IL County jail eliminated access for inmates to everything except FastCase. The significant drop in posting is indicative that this also happened elsewhere. The timing of this action coincides with Findlaw's "re-organization" and cannot be coincidental....
  4. (Illinois) A friend of mine's PD asked to withdraw from his case & the judge denied it. Both friend and PD believe the PD is conflicted and should no longer be on his case. But the PD says he is stuck if the judge won't allow him off it. I been calling attorneys to see if any suggestions. A few calls in, an attorney suggested that the PD file an interlocutory appeal saying that this is a "structural" issue and to look at the cases of "Gonzales" and "Lopez". The attorney was pretty confident in his suggestion. So, I call around to what others thought of this and a couple of others said it might work, but then others said, "What?". They said my friend cannot do an interlocutory appeal on this basis. They quote me a rule about disqualification of counsel and say that the State would have to initiate a request, not my friend. They say it would have to be denied and then maybe the State could appeal it. Well the State is not going to do that, so it's a dud in the water. But I can't find this Gonzales or Lopez cases and I am wondering if the attorney was looking at something else? And, then, I am also wondering if there is a possibility of any federal action the PD could take now if there is no state action? Any suggestions here would be appreciated!
  5. A friend of mine had something like this(http://boards.answers.findlaw.com/index.php/topic/236251-court-orders/) happen to him too: He was out on bond for a burglary and waiting for sentencing. Another burglary happened and my friend was picked-up during a house search for another person (my friend's roommate) the police suspected committed the burglary. My friend was picked-up, handcuffed, held at the police station and interrogated about the burglary. The police were suspicious that he was involved in the burglary, but he wasn't. My friend's bond was revoked a couple of hours after his arrest, and he was put in jail shortly after but there were no charges cited against him when he went into the jail. Instead, the police just kept him locked up for 3 more weeks till he was sentenced. When his PD tried to get a hearing about why he could not be back out on bond, the state only said a little about why they arrested him in the first place because it said they were still investigating the burglary of the roommate and telling my friend anything about the investigation would jeopardize it. So, my friend ended up just sitting for three weeks. He never was later charged with the burglary his roommate did. So, is what happened to my friend then not proper?
  6. Law_Dogg2016, They got the key from searching someone. But, I have to withdraw this whole question. Sorry for wasting everyone's time. As, I say, I was looking at things sideways and what I thought indicated something important does not support that at all. So sorry.
  7. Chief, you're right. Reviewing things again, there is a lead I will follow up but no positive evidence. I was looking at something wrong. Thanks, guys for setting me straight.
  8. Thank-you. Google says a motion to transverse the warrant challenges the truthfulness of the facts the judge was presented with to issue it. Now, here, stuff was taken during the search and it is not that they are claiming so far that they will use it to prosecute, but that they may, (of course just before trial) try later to use some of it. And, is it that they lied to the judge or that they failed to tell him fully about going into the place and looking before asking for the warrant? But, of course, if they had told the judge that in the first place, would he have been forced to deny their request?
  9. Please explain any options here a little more. Would one bring this to the attention of the judge? And if so, how best to do it?
  10. I don't understand search warrants that well, so I apologize. My understanding is police need one to search a location. And, they have to give the court information or reason in order to get a search warrant. But, what happens if the police go into a place before getting the warrant? I mean, what happens if they have a key and go in to sort of scout around and see what is there before they go before a judge and ask for a search warrant? Can they get in trouble for doing this? I understand that usually if they don't have a search warrant than anything they take can be asked to be excluded from a criminal case later. But, what happens if when they go in they don't grab stuff just then but first poke around to see if they can get info to back up their request to the judge for a search warrant. And then what happens if when they come back with the warrant they then take stuff? Would that stuff still be able to get kicked out of a case later? And, what happens if the police then lie in their reports and never mention that they went in first to poke around before getting the warrant. Do they get punished and if so how? And what about if the prosecutor should have known about all this because he had all the indications of it before him and his experience should have told him what was going on? Can he get in trouble too?
  11. I ran across this some time ago:https://www.policeone.com/legal/articles/1966734-Are-a-cops-personal-cell-phone-records-fair-game-in-court/ There may be more recent developments out there by now since that 2009 article. I don't know which states have tried to make use of this, but it seems to be a logical trend.
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