Casey Anthony, State responses to most of the 22 motions by defense - HO

by mom_in_il Wed Jan 19, 2011 4:19 pm

Casey Anthony, State responses to most of the 22 motions by defense
Article by humbleopinion

Excerpt:

The state responded to the motions the defense team wrote up at the end of last year. First the state talks about these 7 motions: • Motion in Limine – Sexual Interrogation of Lazzaro, • Motion in Limine – Sexual Interrogation of Rusciano, • Motion in Limine – Character of Stealing and Lying, • Motion in Limine – Neighbor and Shovel, • Motion in Limine – Tattoo, • Motion in Limine – Defendant Myspace “Diary of Days”, • Motion in Limine – Cindy Anthony Myspace. “While all judicial proceedings require fair and deliberate consideration by a trial Judge, this is particularly important in a capital case because as we [the state]have said , death is different.” Despite this admonition to the trials, there is no case, that that undersigned is aware of that suggests that the Rule of Evidence in the guilty phase of FIRST DEGREE MURDER trial be abrogated or applied any differently because of the sanction the defendant is facing., Relevant evidence is relevant evidence despite the crime or the penalty. Hearsay is hearsay despite the crime of penalty. Improper character evidence is improper character evidence despite the crime or the penalty! The defendant suggest to the court that the definition of relevant evidence is evidence that tends to “prove or disprove any issue” in the case or “prove or disprove any element of the offense for which she is charged” Although this distinction may be dismissed as semantics, the definition of relevant evidence is not as restrictive as argued by the defense. Quite simple: relevant evidence is evidence tending to prove or disprove a material fact. Each item of evidence is a link in the chain of proof. Relevant evidence is inadmissible if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of isses, misleading the jury, or needless presentation of cumulative evidence.

READ MORE: http://humbleopinionforum.net/2011/01/19/casey-anthony-state-responses-to-the-22-motions-by-defense/