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wth is going on CA?!

HUH. I'm watching WESH and they mentioned something about a mistrial.

I'm not understanding why, or what is going on.

http://lifeisbeachykeenblog.wordpress.com

Re: wth is going on CA?!

  • A mistrial?!  I have kinda been watching it today, not too closely, and I haven't heard anything about a mistrial.  The judge gave a talking to to the defense about treading lightly in their questioning because they are opening to door to the state having a field day with their witnesses.  But I haven't heard anything about a mistrial!
    image
    Baby Macy is here!

    12/09 - Macy (daughter) | 4/10 - Began TTC Baby #2 | 12/10 - Chemical Pregnancy | 1/12 - Miscarriage at 14 weeks | DX - PCOS & Hyperthyroidism
  • MrsMEWMrsMEW member
    Sixth Anniversary

    I missed the question that caused all the fuss, but from what I understand is something was asked that may have shifted the burden of proof from the prosecution to the defense. Burden of proof means that the state is required to prove their case beyond a reasonable doubt; the defense does not have to prove anything. Apparently if the burden shifts to the defense, it can cause a mistrial.

    I don't understand how it might have shifted, though. I missed all that and can't seem to figure it out from what they're saying now. 

    image
    Ellie ~ 3.29.12
    Wedding | Blog
  • imageMrsMEW:

    I missed the question that caused all the fuss, but from what I understand is something was asked that may have shifted the burden of proof from the prosecution to the defense. Burden of proof means that the state is required to prove their case beyond a reasonable doubt; the defense does not have to prove anything. Apparently if the burden shifts to the defense, it can cause a mistrial.

    I don't understand how it might have shifted, though. I missed all that and can't seem to figure it out from what they're saying now. 

    How can the burden shift?  Is this by tactics of the defense?  

  • I don't understand any of this burden shifting stuff.

    What does "burden" mean.

    the commentators on wesh mentioned mistrial. no one else.

    http://lifeisbeachykeenblog.wordpress.com
  • Oh and Dorothy Sims called Jeff Ashton dramatic, LOL!

    The judge also told the defense to not open the door, not even a crack with their questioning or Jeff Ashton will drive a Mack truck through it! 

    I love me some Jeff Ashton.  My favorite clip of the trial is when he was almost laughing when he asked the plant lady "so a dog buried the bone?".  Ha.  Best line of the trial! 

    image
    Baby Macy is here!

    12/09 - Macy (daughter) | 4/10 - Began TTC Baby #2 | 12/10 - Chemical Pregnancy | 1/12 - Miscarriage at 14 weeks | DX - PCOS & Hyperthyroidism
  • imageMrs.Jason.9.15.07:

    Oh and Dorothy Sims called Jeff Ashton dramatic, LOL!

    The judge also told the defense to not open the door, not even a crack with their questioning or Jeff Ashton will drive a Mack truck through it! 

    I love me some Jeff Ashton.  My favorite clip of the trial is when he was almost laughing when he asked the plant lady "so a dog buried the bone?".  Ha.  Best line of the trial! 

     

    YEs that whole thing was ridiculous.

    http://lifeisbeachykeenblog.wordpress.com
  • MrsMEWMrsMEW member
    Sixth Anniversary
    imagemoonstone523:

    How can the burden shift?  Is this by tactics of the defense?  

    I really don't know. I don't know if it was intentional or inadvertent by the defense, but my best guess is that the defense asked a question that would open things up and let the state ask all kinds of new questions that they shouldn't be allowed to ask, which would shift the burden to the defense to prove things, which they shouldn't have to do. It sounds like maybe Baez screwed up with a question and Ashton was a little too enthusiastic about it - they both were reprimanded a bit.

    That's a terrible explanation and doesn't make any sense but I really don't get it all either! 

    image
    Ellie ~ 3.29.12
    Wedding | Blog
  • From what I'm hearing this witness is not a qualified witness in the air samples.. Baez started to ask him about the air samples..which would lead ashton to ask about air samples.. ??
    http://lifeisbeachykeenblog.wordpress.com
  • MrsMEWMrsMEW member
    Sixth Anniversary
    imageStingShark425:

    I don't understand any of this burden shifting stuff.

    What does "burden" mean.

    the commentators on wesh mentioned mistrial. no one else.

    Burden of proof simply refers to the fact that the state is required to prove their case against Casey beyond a reasonable doubt. The defense does not have to prove a thing. If they feel the state has not proved their case, they don't have to put on a presentation at all. If the jury does not find that the STATE proved Casey is guilty beyond a reasonable doubt, they cannot find her guilty. The defense has no obligation to prove she is innocent.

    Again, I don't know how a shift can really happen, but this principle is tantamount to our justice system, so I can see that if a shift DID happen (however that is possible), it could certainly warrant a mistrial. 

    image
    Ellie ~ 3.29.12
    Wedding | Blog
  • imageStingShark425:
    imageMrs.Jason.9.15.07:

    Oh and Dorothy Sims called Jeff Ashton dramatic, LOL!

    The judge also told the defense to not open the door, not even a crack with their questioning or Jeff Ashton will drive a Mack truck through it! 

    I love me some Jeff Ashton.  My favorite clip of the trial is when he was almost laughing when he asked the plant lady "so a dog buried the bone?".  Ha.  Best line of the trial! 

     

    YEs that whole thing was ridiculous.

    I watched that clip over and over again last night on the dvr.  OMG, each time I watched it the harder I laughed.  Ahh, I LOL just thinking about his reaction.   Classic.

    image
    Baby Macy is here!

    12/09 - Macy (daughter) | 4/10 - Began TTC Baby #2 | 12/10 - Chemical Pregnancy | 1/12 - Miscarriage at 14 weeks | DX - PCOS & Hyperthyroidism
  • "beyond reasonable doubt"  is for all the charges, or just for the 1st deg murder charge?

     

    BTW. I can't stand this witness. I wish she would wipe that smile off her face. ugh.

    http://lifeisbeachykeenblog.wordpress.com
  • CINDY ANTHONY!!!  Hopefully it gets more interesting now...
    image
    Baby Macy is here!

    12/09 - Macy (daughter) | 4/10 - Began TTC Baby #2 | 12/10 - Chemical Pregnancy | 1/12 - Miscarriage at 14 weeks | DX - PCOS & Hyperthyroidism
  • MrsMEWMrsMEW member
    Sixth Anniversary
    imageStingShark425:

    "beyond reasonable doubt"  is for all the charges, or just for the 1st deg murder charge?

     

    BTW. I can't stand this witness. I wish she would wipe that smile off her face. ugh.

    All charges. That's the rule in criminal cases - the prosecution has to prove their case beyond all reasonable doubt. You can't find a defendant guilty of any charge unless it is proven beyond a reasonable doubt. (This is something we focus on quite a bit during jury selection, because a lot of people don't understand it, and it's very important. Innocent until proven guilty, and all that.)

    Cindy's back! 

    image
    Ellie ~ 3.29.12
    Wedding | Blog
  • Interesting.

    So far I only see child neglect.

    http://lifeisbeachykeenblog.wordpress.com
  • MrsMEWMrsMEW member
    Sixth Anniversary
    imageStingShark425:

    Interesting.

    So far I only see child neglect.

    Me too. 

    image
    Ellie ~ 3.29.12
    Wedding | Blog
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