Casey Anthony: Defense Team Challenges Death Penalty
Casey Anthony’s defense team filed nearly a dozen motions today, including one that challenged the state’s death penalty.
The “Dream Team” argued that Florida’s capital-sentencing procedure violates the notice and jury trial rights guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution.
Thoughts?
From the Orlando Sentinel:
Casey Anthony‘s defense lawyers have filed a motion arguing that Florida’s death penalty procedure is unconstitutional.
And because the procedure is unconstitutional, the death penalty should be precluded as a potential sentence, their motion argues.
Defense lawyers Jose Baez and Andrea Lyon filed the motion last week, along with a slew of others totaling more than 250 pages.
In their motion, the lawyers argued, “Even if the death penalty procedure were constitutional, the State has failed to charge Miss Anthony with the aggravating circumstances necessary to impose the death penalty; thus, a death sentence in this case would violate due process.”
The defense asked the court to schedule a hearing so the lawyers could present their arguments.
Florida procedure allows a judge to impose the death penalty regardless of the jury’s recommendation.
This entry was posted on November 30, 2009 at 5:23 pm and is filed under Uncategorized. You can subscribe via RSS 2.0 feed to this post's comments.
Tags: Anthony Body Found, Anthony Death Penalty, Anthony December 1, Anthony Family, Anthony November 30, Anthony Text Message, Anthony Text Messages, Anthony Trial, Anthony Update, Brad Conway, Casey Anthony, Casey Anthony News, Caylee, Caylee Anthony, Caylee Anthony News, Caylee Body Found, Caylee December 1, Caylee November 30, Caylee Update, Cindy Anthony, Death Penalty, George Anthony, Jose Baez, Lee Anthony, Leonard Padilla, Missing Child, Missing Girl, Roy Kronk, Tim Miller, Todd Black, Tot Mom
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November 30, 2009 at 6:20 pm
I personally felt as if the death penalty was rather harsh for someone so young that posed no threat to anyone other than their own child. Has any other mother that has killed her own children received the death penalty? Any father? What’s next? Will they claim that all that have had abortions killed their own children and impose the death penalty on them as well? I just don’t get it!
December 1, 2009 at 12:25 am
As for this Case, and all the Bogas Bull Shit this so-called “Dream” Team continuously DREAMS-UP, and now Questions and Challenges the State Law AND our Constitution— both of which have been “In-place” and adhered-to for every OTHER Criminal having gone before— I’ve gotten to the Point where my Opinion of Defense Attorneys in Cases like this is now even Lower than it always HAS been. It’s one thing to use every bit of your Knowledge, Experience, and absolute Best Defensive Legal Tactics to Discredit and/or Disprove the other side’s Evidence and Claims in order to properly Justify your Stand, but Resorting to the attempt to Rip-apart the Law itself and the Historic Foundation of our Country, is Un-Righteous, Rotten, and Lame. To me, this is Stooping as Low as they could go to try to Think-up SOMEthing, ANYthing, whether it’s Right or Wrong, Legal or Illegal, to get Casey Off-the-Hook. They’re beginning to look
“Shabby” and “Shady”, with complete Disregard for Law, Procedure, and Rules. If they’re truly GOOD Lawyers, all it takes is their EXPERTISE to Fight, Prove, and Win their Case…. NOT Dishonorable and
“Cheap Shots” at the very things Governing their Profession when they entered it and made the Commitment to Uphold. This Stinks Out-Loud, and I’m sick to death of their Juvenile Whining, Dirty Pool, Shameless Sabotage, and Brazen Brass you-know-whats against the System. If Casey’s Innocent, just do your damn Job and PROVE it.
December 1, 2009 at 2:38 am
Well said Honeydog.
December 1, 2009 at 2:43 am
Thinker Belle;
I have absolutely no sympathy for casey anthony and/or any of that sordid group.
Too harsh you say? OMG.
We sure forget the victims agonies too quickly don’t we?
December 1, 2009 at 10:39 pm
I personally would like to see her get life in prison with no parole. I would like her put out in the general prison population and then left to rot or be killed by other prisoners who do not like child murderers. If she gets the death penalty, she’ll be protected from the general population on death row while she eats her snickerdoodles and wing dings and lounges around in comfort wasting taxpayer money on her appeals.
December 2, 2009 at 1:55 am
*CARIN*… Actually, I believe this is what The Defense is attempting to have happen— in the long run. I believe they already Realize that Casey will be found Guilty, and do expect that a “Life Sentence” is the Best that they can do.
December 2, 2009 at 9:53 am
The legal system needs an overhaul all right starting with Judges and lawyers.And it might be nice to have consistent sentencing across the states for like crimes with caveats for intent.
Common sense should prevail for gawds sake!
Huckabee passed the buck.How “politicianistic” of him.
December 2, 2009 at 9:55 am
oops….my previous post was meant for The Washington State police murders………egad!!!!!!
SORRY!
December 3, 2009 at 2:38 am
Don’t be Sorry. Good to know you’re Joining-in taking the much-needed Stand on this long-overdue very serious Problem, and that we no longer should have to Tolerate the Inefficiency and Lack of Common Sense of our Broken Justice System. It’s a matter of “Life and Death”— for all of us— and the more Voices heard, the Better…. Wrong Post-Page or not.
December 30, 2009 at 1:53 pm
About the deathpenalty: the UN has stated there should not be a deathpenalty anywhere in the world. There are a few countries that still have that, but still, all together the majority of people in the world live in countries that have the death penalty. (As China, the USA and India have so many inhabitants. Iran, Irak, some Arab countries. African?)
I think it is horrific. Do we want to live in a world where law means an eye for an eye, like in Pakistan, where a man is going to get his nose cut off as a punishment for what he did to a woman? It is inhumane. Is the law in the case of dp not just as nasty as the criminals that need to be corrected?
I think when Casey is proven guilty, and it looks like the sec. evidence will be sufficient but honestly what do we know, the death penalty is not a good thing. As it never is.
Sorry for the bad English, am out of practice!
December 30, 2009 at 7:14 pm
You think the death penalty is horrific?
I think the “crimes” these animals commited are horrific.
Start reading up on what these perps have done to innocent babies, children and others. If that doesn’t gag you then you need to keep reading.
I have no sympathy for murderers…….none.They made a choice to be who they are and to do what they have.
I am victim aware……..victim sympathetic.
December 30, 2009 at 11:30 pm
Bravo Zelda!!! Thnx for saving me the time of have to think and write. You have said this so very well!
December 31, 2009 at 2:26 am
Yes, death penalty is horrific. It is also stupid and savage. Not needed. Sick. Fascist. It shows where a society goes wrong, where mass hysteria is more important than a persons live. I think the real “animals” are there, posting at the gate of institutions where the dp is performed, shanting the name of the person who is going to be ewxecuted. I would never want to be around people who are pro death penalty, they make me sick.
“Have some coffee?” “Thanks. Wasn’t it a nice hanging yesterday?”
“I liked the chair better.”
They give me the creeps and they are no better than the criminals themselves. And some of them call themselves Christians, which is a real joke. Did they never learn that wishing some one dead will send them to hell?
December 31, 2009 at 2:28 am
Almost no typo’s! But I spelled executed wrong. So shoot me?
Happy New Year everyone.
December 31, 2009 at 4:08 am
You seem rather hysterical to me.
And quite frankly I think to suggest that the murderer and the law that sentences him has the same intent is absurd.
It’s shallow thinking to not understand the horror that killers impose on their victims.
No one I know delights in the death penalty and sits around having light conversation and a cup of tea. We are all sad that our society is so depraved in this area.I certainly feel no joy in it.Quite the contrary.
I still stand by the victims of these animals.And I believe it is the Bible that refers to an eye for an eye.
I understand your posistion………it’s difficult I know and no one is asking you to agree with any other opinion than your own.
I have coffee everyday with friends that think differently than I do .
December 31, 2009 at 6:20 am
Good Morning Ina! I referred to this post because of the date…didn’t realize its title. Good comment btw! I just thought here would be better to chat since the post is a month old. Less worrying of the mockers popping up. Please don’t let ss get you down…maybe shaeffer will appoint her moderator of his blog and she will quit trying to control everyone else since she will be busy doing that-at this point, I’m all for it! Lol! She slanders me at every turn. I just laugh about it now as I think what she accused me of may be her own self description. I didn’t know she had so many problems and was handicapped, too.
You write better than I do, Ina. You should be proud! I hope you and your family are having a Happy New Year too.
Maybe this post wasn’t the best suggestion. If you’d like to move to a different one, please suggest one.
December 31, 2009 at 8:17 am
December 31, 2009 at 8:17 am
this, not thjis. I have had just ONE drink lol.
December 31, 2009 at 8:23 am
Looking forward to your new blog, Ina! My English skills were much better in grade school. Lol! Guess if you don’t use it, you lose it! Lol!
January 1, 2010 at 12:23 pm
http://inaweblogisback.wordpress.com It is there.
My husband will do postings there as well. But we are in no hurry