I've been checking on the Clerk of the Court site daily for the four "mystery motions" which were out in the news the Monday Judge Strickland stepped down. They are not currently posted as submitted to the court as of the present time. If they are posted prior to the hearing tomorrow, I will add them to the list below as there may have been some minor changes made (such as corrected dates and signatures).
For the time being, I will post the originals posted on CFNews13 here:
SECOND MOTION TO PRECLUDE DEATH PROCEDURES FOR IMPERMISSIBLE PROSECUTORIAL MOTIVES
MOTION TO PRECLUDE THE STATE'S IMPERMISSIBLE, GENDER BIASED, REQUEST FOR IMPOSITION OF THE DEATH PENALTY
Protective Order with Respect to Penalty Phase Discovery
To read the last two, go to the original ARTICLE.
The content of Judge Belvin Perry's first hearing in the Casey Anthony murder trial is rather mundane. The judge will listen as the defense team presents a list of motions which have yet to be heard. The team of Jose Baez and Cheney Mason, or should I say Cheney Mason and Jose Baez, will need to tell the judge which motions need to be argued before the court and which the judge can rule on without being heard. If Andrea Lyon is present, she will have to cut short her arguments in front of this judge.
As of the present time, there are no motions pending from the State.
The hearing will be televised on InSession and streamed by the usual stations on Friday, April 30 at 9:30 A.M. Usually, InSession will spend the first half hour previewing the hearing and is usually very helpful if you get TruTV.
The viewing audience will mainly be glued to the attorneys' behavior in court to watch how they react to Perry's tightened-up rules of discipline which he included in the Order Setting Case Management Hearing.
There is one section that is bold-faced in the order and bears repeating here:
12. Counsel shall admonish all persons at the counsel table who make gestures, facial expressions, audible comments, or the like, as manifestations of approval or disapproval during the testimony of a witness, or at any other time. This behavior is strictly prohibited.
This rule is going to put a lot of stress on Jose Baez especially. As the rookie of the counsel table, he has done his share of smirking and making inappropriate comments in front of Judge Strickland. Cheney Mason will probably adapt a bit more easily, having appeared before a wide variety of judges in the Ninth Circuit. Jeff Ashton has argued death penalty cases before Judge Perry before, and I'm sure he also knows how to behave. As for Linda Drane Burdick, well, she is always the epitome of decorum in the courtroom!
Casey's parents, George and Cindy Anthony will also have to clean up their act in order to comply with this rule:
15. No tobacco use in any form is permitted. No bottles, beverage containers, paper cups or edibles are allowed in the courtroom, except as permitted by the Court. No gum chewing is permitted.
If you haven't already done so, read all the rules that are included at the end of the order that was linked above. There are a lot of changes in courtroom decorum that will take place Friday!
Next, we have the actual objective of the order, which is to discuss pending motions. I am old-fashioned and need to see motions on paper to properly read and annotate. As the motions are heard, I take notes on their disposition and clip them to a copy of the T&T post about the hearing.
The pending motions remain in my active file and I can search out which ones will be heard at the next hearing. For this hearing, I've gone through my "pending motion file" and put them in the order of their filing date. I've gone through my file of motions and the list from the Clerk of the Court. I've also provided as many links as possible.
This motion was never specifically ruled on and may be moot at this point as recent document dumps reveal information requested.
RENEWED MOTION TO COMPEL BENCH NOTES, STANDARDS, DATA, AND COMMUNICATIONS WITH LAW ENFORCEMENT ET AL.
AMENDED MOTION FOR CHANGE OF VENUE
MOTION TO DISMISS DEFECTIVE INDICTMENT
DEFENDANT'S MOTION IN LIMINE TO INTRODUCE PRIOR BAD ACTS AND OTHER CIRCUMSTANTIAL EVIDENCE PERTAINING TO ROY M. KRONK
Some of the links to individual motions here are broken. WFTV posted all the motions as one document and is still working. To read these motions, link HERE.
MOTION TO DECLARE FLORIDA STATUTE SECTION 921.141 UNCONSTITUTIONAL UNDER RING V. ARIZONA
MOTION TO DECLARE FLA. STAT. 921.141(5)(b) AND/OR THE STANDARD (5)(b) JURY INSTRUCTION UNCONSTITUTIONAL FACIALLY AND AS APPLIED
MOTION TO DECLARE SECTION 921.141(5)(d) FLORIDA STATUTE AND/OR THE section 921.141(5)(d) STANDARD INSTRUCTION UNCONSTITUTIONAL FACILLY AND AS APPLIED AND TO PRECLUDE THEIR APPLICATION AT BAR
MOTION TO DECLARE FLORIDA STATUTES 921.141(5)(I) UNCONSTITUTIONAL AND TO PRECLUDE ITS USE IN THE PRESENT CASE
MOTION TO DECLARE FLORIDA STATUE 921.141(5)(L) UNCONSTITUTIONAL AND TO PRECLUDE ITS USE AT BAR.
DEFENDANT'S MOTION FOR A STATEMENT OF PARTICULARS PROVIDING NOTICE OF AGGRAVATING CIRCUMSTANCES
WRITTEN OBJECTION TO THE STANDARD JURY INSTRUCTION ON REASONABLE DOUBT
MOTION TO DECLARE 921.141(5)(M) UNCONSTITUTIONAL FACIALLY AND AS APPLIED (VICTIM VULNERABLE DUE TO AGE, DISABILITY, OR FAMILIAL OR CUSTODIAL AUTHORITY)
MOTION TO DECLARE 921.141 FLORIDA STATUTES UNCONSTITUTIONAL BECAUSE IT IMPROPERLY SHIFTS BURDENS OF PROOF TO THE DEFENDANT, THEREBY CREATING A PRESUMPTION OF DEATH
MOTION TO PROHIBIT ANY REFERENCE TO THE JURY'S ROLE AT THE PENALTY PHASE BEING 'ADVISORY' OR TO THE JURY'S PENALTY VERDICT AS BEING A 'RECOMMENDATION'
MOTION TO DECLARE FLORIDA STATUTE 921.141 UNCONSTITUTIONAL, DUE TO ITS FAILURE TO NARROW THE SCOPE OF THE DEATH PENALTY
MOTION FOR JURY INSTRUCTIONS CORRECTLY DEFINING "PREMEDITATION"
Thank you, Andrea Lyon and students for that batch. I'm hoping the judge decides that he can rule on these without argument in court!
OBJECTION TO AMENDED MOTION FOR APPLICATION FOR SUBPOENA DUCES TECUM
This motion was filed by Martin G. White, attorney for Jesse Grund. It hasn't come up in any of the hearings and could possibly be moot.
OMNIBUS MOTION TO EXCLUDE HERESAY EVIDENCE, GOSSIP, AND INNUENDO
DEFENDANT'S MOTION IN LIMINE TO EXCLUDE LAY OPINION TESTIMONY
MOTION IN LIMINE TO EXCLUDE IRRELEVANT EVIDENCE OF "PARTY PICTURES"
The hearing will also discuss the time lines for evidence, depositions, etc. The latest document on this was issued by Judge Strickland on March 5, 2010.
AMENDED PROPOSED ORDER SETTING DISCOVERY, MOTION and HEARING DEADLINES and TRIAL DATE.
I notice it's still a "proposed" order and it will be interesting to hear what Judge Perry has to say!
You will all probably notice that the last four "motions" recently publicized have not been included. THEY'VE NEVER BEEN FILED!
I hope you all enjoy the hearing on Friday!