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The Theory of the Defense
Back in 2007 I attended a criminal defense seminar in Key West, Florida called “Sailing Your Way to Victory.” One of the sessions I attended during that seminar was titled “The Theory of the Defense.” That session was taught by none other than a Mr. J. Cheney Mason, Esq. The session was an instruction on developing…
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A Favorable Appellate Case for the State?
As many of you know, the focus of the hearings over the last three days has been on whether Casey Anthony was “in custody” and, if so, at what point was she “in custody.” And as has been discussed at WebSleuths by AZLawyer, Judge Perry’s decision will hinge on the following four factor analysis used…
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The Rule of Sequestration
Casey Anthony’s defense team lists a local reporter as a witness as a ruse to try and preclude the reporter from covering the trial.
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Handbills, Handguns, and Mickey Mouse
Criminal Defense Lawyer Richard Hornsby explains how the “Tourist Safety Act of 2011” that is about to be passed by the Florida Legislature has nothing to do with “Tourist Safety” and everything to do with protecting corporate profits to the detriment of small businesses and teenagers.
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Two Wrongs Don’t Make a Right
$583.73 – in the legal profession it is not a whole lot of money to be charged for “legal work.” In relationship to the Casey Anthony case, it is less than 1/4 of 1 percent of the $250,000 Jose Baez received from ABC and other sources. But it is the requirement to pay the attorney’s…
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The Criminal Mentality
When people ask me what I believe is the biggest problem with the United States Criminal Justice System, I always state that our society is to quick to want to charge someone with a crime and that most people charged with a crime are over-charged. An example of this excess can be found in the…
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Casey’s “Public Record” Exception
Casey Anthony’s phone and video visitation recordings are not longer public records, or are they?
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Preparing for the Penalty Phase
RULE 3.202. – EXPERT TESTIMONY OF MENTAL MITIGATION DURING PENALTY PHASE OF CAPITAL TRIAL: NOTICE AND EXAMINATION BY STATE EXPERT (a) Notice of Intent to Seek Death Penalty. The provisions of this rule apply only in those capital cases in which the state gives written notice of its intent to seek the death penalty within 45 days from the date of arraignment. Failure to give…
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Is This Call Being Recorded?
Jose Baez strikes out again with his Motion for Protective Order Regarding a Telephone Recording of Robin Lunceford, as the recording is neither protected by the Work Product Privilege or the Wiretapping Act found in Chapter 934.
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A Man and his Decency
Decency: A person’s ability to conform to standards of propriety, good taste, and morality. Many of you may have heard about the plight of Edwin McFarlane. He is the 14 year-old boy who helped a lost three year-old girl find her mother at a Burlington Coat Factory store. But somehow the Orange County Sheriff’s Office…