Casey Anthony's appeal to be heard tomorrow - OS

Casey Anthony's appeal to be heard tomorrow

By Jeff Weiner, Orlando Sentinel
11:40 a.m. EST, January 7, 2013

Attorneys for Casey Anthony will be back in a courtroom Tuesday for the oral arguments in her appeal of four convictions for lying to law enforcement during the search for her daughter, Caylee, in the spring of 2008.

It's unlikely that Anthony will be at the hearing — defendants rarely attend, a spokeswoman for the court said — but the outcome of the appeal will likely impact her testimony in several still-pending lawsuits.

Tuesday's arguments will be heard by a three-judge panel of the Fifth District Court of Appeal in Daytona Beach. The hearing, set for 1:30 p.m., will be short: The court only allows each side 15 minutes to argue.

The convictions Anthony is appealing stem from her initial claims to law enforcement from after her daughter disappeared, including that the girl had been kidnapped by a nanny, Zenaida Fernandez-Gonzalez.

In reality, authorities said, Caylee was dead. Anthony was charged with her daughter's murder, but was acquitted of all major charges at trial.
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The appeal is notable in part because of the effect it has on lawsuits Anthony faces, including one brought by a woman whose name is similar to the fictional nanny.

Anthony has deflected questioning in the suit so far, citing her right against self-incrimination during the appeal, which asks for her convictions to be vacated or for a new trial on the lying charges.

Anthony's defense is expected to argue the appeal on several grounds:

• Jurors only heard testimony about Anthony's lies, the defense argues, because Orange-Osceola Chief Judge Belvin Perry improperly allowed it into her trial. Anthony had not been read her rights before making statements to law enforcement.

Law-enforcement witnesses testified that's because Anthony was not officially in custody. However, she was briefly handcuffed and put in a deputy's vehicle.

• Anthony's attorneys also argue that her four convictions for lying are improper under the "double jeopardy" clause of the U.S. Constitution, which courts have ruled prohibits a defendant from facing multiple punishments for the same criminal act. Her defense argues the four lies she was charged with were actually one ongoing act.

• The lawyers also argue that Perry incorrectly ruled against Anthony's defense on an objection to a portion of the jury instructions, relating to the materiality of her alleged false statements.

Anthony, 26, has been in hiding since she was acquitted of murder. She has been subpoenaed to appear at trial in the Gonzalez suit, which was recently delayed indefinitely in order to let the appeal play out.

Anthony is represented in the appeal by attorneys Cheney Mason and Lisabeth Fryer.

http://www.orlandosentinel.com/news/local/breakingnews/os-casey-anthony-appeal-lying-20130107,0,2154635.story

Casey Anthony appeal to be heard Tuesday

http://www.cfnews13.com/content/news/cfnews13/news/article.html/content/news/articles/cfn/2013/1/6/casey_anthony_appeal.html

Casey Anthony court appeal to be heard live, streaming online; Will she attend? (Video)


http://www.examiner.com/article/casey-anthony-appeal-heard-live-streaming-proceedings-will-casey-attend

Casey Anthony to appeal lying conviction Tuesday

http://www.wftv.com/news/news/local/casey-anthony-appeal-lying-conviction-tuesday/nTpR3/

Casey Anthony appeal hearing to be held Tuesday
Anthony's lawyers to argue lying to officer charges

http://www.clickorlando.com/news/Casey-Anthony-appeal-hearing-to-be-held-Tuesday/-/1637132/18036022/-/1588hco/-/index.html

The lawyers will try any tricks. They got her off the murder charge now there still trying to get her off completely. Just outrageous. Next she'll want money for the time she spent in jail. While little Caylee gets no justice. My soul still cries for the little angel.

Why can't the state charge Casey with wrongful death or something?

William