Casey Anthony: Will probation appeal be successful? - Hal

Casey Anthony: Will probation appeal be successful?
posted by halboedeker on August, 17 2011 6:56 PM

Casey Anthony’s attorneys have appealed the ruling that she must start serving probation for check fraud. The story broke this evening and had TV reporters scrambling.

The attorneys emailed an emergency motion to the 5th District Court of Appeal in Daytona Beach. Chief Judge Belvin Perry ruled that Anthony must start the probation by Aug. 26.

WESH-Channel 2 anchor Martha Sugalski highlighted the attorneys’ arguments that the probation sentence would be illegal and that it’s double jeopardy because Anthony served the probation while awaiting her murder trial. WESH also noted that the attorneys claim bias against Stan Strickland, the original judge in the check-fraud case, and cite an interview that he gave the station.

On WOFL-Channel 35, attorney Hal Uhrig offered legal analysis. “They’re really going stronger after what’s called double jeopardy,” he said. “They’re saying she already served that sentence. You can’t make her serve it again.”

Uhrig highlighted that the names of defense attorneys Lisabeth Fryer and Cheney Mason are on the motion. Uhrig predicted the appeal won’t be successful.

WKMG-Channel 6’s Mike DeForest noted that the attorneys argue that the Department of Corrections said Anthony had served the probation. But Perry ruled last week that Anthony couldn’t serve probation in jail and that it must be fulfilled after leaving jail, DeForest added.

“This is their last-ditch effort,” DeForest said of the attorneys. “The hope [is] the 5th District Court of Appeal steps in and at least temporarily blocks Casey Anthony from being forced to check in for probation next Friday.”

Attorney Mark O’Mara, a legal analyst for WKMG, also predicted the appeal wouldn’t be successful.

Adam Longo of Central Florida News 13 explained that the attorneys “don’t think Casey should have to come back by Judge Perry’s deadline of next Friday the 26th until the appeals court decides whether or not Judge Perry made a right and legal decision.”

Anthony was acquitted last month of first-degree murder in the death of her daughter, Caylee.

http://blogs.orlandosentinel.com/entertainment_tv_tvblog/2011/08/casey-anthony-will-probation-appeal-be-successful.html