Jodi Arias appeals

Click the pic below to watch the full 60 minute live-stream replay on the AZ Court’s official YouTube channel:

Click the pic below for an overview of the appeal on Fox News:

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Here is a listing of the specific issues covered during the oral arguments.

IT IS ORDERED granting appellant’s motion. The court has determined that counsel should be prepared at oral argument to address, inter alia, the following:

1. What Arizona Supreme Courts cases most accurately  describe the standard  of review for addressing prosecutorial misconduct?

2. If this courts concludes that serious, intentional prosecutorial misconduct permeated the trial, is Arias entitled to a new trial? Would double jeopardy attach?

3. What factors are relevant in deciding whether Arias was denied a fair trial based upon prosecutorial misconduct? To what extent does ongoing publicity throughout the trial affect that determination?

4. If Arias was denied a fair trial, is prejudice presumed under the third prong of the test outlined in State V. Escalante, 245 Ariz. (2018)?

5. Was Arias deprived of her ability to present her defense to the jury?

6. Assuming prosecutorial misconduct occurred, has the State met its burden of showing, beyond a reasonable doubt, that such alleged misconduct resulted in nothing more that harmless error (that the guilty verdict was surely unattributable to the prosecutorial misconduct)?

7. Assuming prosecutorial misconduct occurred, has Arias met her burden of showing fundamental, prejudicial error (that a reasonable jury could have found her not guilty but for the prosecutorial misconduct??

8. What authority supports reversing a conviction based upon prosecutorial misconduct in the face of overwhelming evidence of guilt?

9. Conversely, what authority supports affirming a conviction when there has been pervasive intentional prosecutorial misconduct?

10. If overwhelming evidence of guilt insulates a verdict from reversal regardless of the extent of the prosecutor’s misconduct, how can/should a court hold prosecutors to their ethical obligations under the rules of professional responsibility?

11. What steps. if any, might a court take to constrain a prosecutor’s conduct inside the courtroom during proceedings? Does a court have any authority to control the conduct of attorneys when they are outside the courtroom if it impacts the proceedings taking place inside the courtroom?

12. Should publicity outside the courtroom be considered when determining if there was a circus-like atmosphere surrounding the trial? Can activities publicity occurring outside the courtroom warrant a reversal?

Counsel should be prepared to answer any questions listed above. The court will allow the parties to address the issues in the order they believe most persuasive to their case.

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Click here (or click the pic below) to open the document (2 page PDF) in a new browser window:

PREVIOUS PDF DOCUMENTS:

To read Jodi’s 342 page Appeals Court Opening Brief from (July 2018) — click here.

To read The State’s Answering Brief — click here.

To read Jodi’s Appeal Reply Brief, filed April 2nd — click here.

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UPDATE: The JAA Appellate Fund total currently stands at $105,670.98 — so let’s be sure to keep the momentum rolling so the fund total can push on towards the ultimate target of $250,000. That in turn will help towards covering all the legal fees associated with appealing Jodi’s wrongful conviction.

All donations via Justice4Jodi.com go directly to the fund. It is also the ONLY website authorized to collect donations.

In addition, please DO NOT, under any circumstances, donate through any other website or Facebook page/group claiming to be “official” and/or acting with Jodi’s approval or authorization. The same applies to any “Jodi Membership Clubs”, groups or fake Trust funds that have been set up. These sites are bogus – they continue to steal money from Jodi’s future – and they should be actively avoided. If you are aware of any such sites, please help Jodi by clicking here and reporting them.

Remember… each day that passes takes us one day closer to Jodi’s release date.

. . . . . . . . . . . . . . . . . . . . . . . . . .

WE ARE TEAM JODI – AND WE WILL BE VICTORIOUS in our quest for JUSTICE FOR JODI.

Make no mistake.

Believe it.

Prepare for it.

Be part of it.

As always, be sure to leave your relevant thoughts & comments below…

SJ
Team Jodi #WINNING <<<

Click the banner below to read Jade’s post – “Justice Denied: Why The Jurors Got It Wrong & How The Facts Decimate The State’s Case Against Jodi Arias.”:

*** UPDATE: The Court of Appeals will be live-streaming the initial oral arguments in relation to Jodi’s case. The hearing is scheduled to begin at 10am on Oct. 17 inside Courtroom 2 in the Arizona State Courts Building. Live video links will be posted in this website on that date. Click here for further details. ***

Prior to that, below is a listing of the specific issues that’ll be covered during the oral arguments.

With regard to the phrase: “overwhelming evidence of guilt” as included in #10 of the document – I don’t believe we’ve ever seen any valid evidence of guilt. We saw a lot of show-boating… a lot of BS… and a lot of assumptions & wishful thinking aimed at a heavily biased jury, but never any real valid evidence of guilt.

Here are the questions in full:

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IT IS ORDERED granting appellant’s motion. The court has determined that counsel should be prepared at oral argument to address, inter alia, the following:

1. What Arizona Supreme Courts cases most accurately  describe the standard  of review for addressing prosecutorial misconduct?

2. If this courts concludes that serious, intentional prosecutorial misconduct permeated the trial, is Arias entitled to a new trial? Would double jeopardy attach?

3. What factors are relevant in deciding whether Arias was denied a fair trial based upon prosecutorial misconduct? To what extent does ongoing publicity throughout the trial affect that determination?

4. If Arias was denied a fair trial, is prejudice presumed under the third prong of the test outlined in State V. Escalante, 245 Ariz. (2018)?

5. Was Arias deprived of her ability to present her defense to the jury?

6. Assuming prosecutorial misconduct occurred, has the State met its burden of showing, beyond a reasonable doubt, that such alleged misconduct resulted in nothing more that harmless error (that the guilty verdict was surely unattributable to the prosecutorial misconduct)?

7. Assuming prosecutorial misconduct occurred, has Arias met her burden of showing fundamental, prejudicial error (that a reasonable jury could have found her not guilty but for the prosecutorial misconduct??

8. What authority supports reversing a conviction based upon prosecutorial misconduct in the face of overwhelming evidence of guilt?

9. Conversely, what authority supports affirming a conviction when there has been pervasive intentional prosecutorial misconduct?

10. If overwhelming evidence of guilt insulates a verdict from reversal regardless of the extent of the prosecutor’s misconduct, how can/should a court hold prosecutors to their ethical obligations under the rules of professional responsibility?

11. What steps. if any, might a court take to constrain a prosecutor’s conduct inside the courtroom during proceedings? Does a court have any authority to control the conduct of attorneys when they are outside the courtroom if it impacts the proceedings taking place inside the courtroom?

12. Should publicity outside the courtroom be considered when determining if there was a circus-like atmosphere surrounding the trial? Can activities publicity occurring outside the courtroom warrant a reversal?

Counsel should be prepared to answer any questions listed above. The court will allow the parties to address the issues in the order they believe most persuasive to their case.

. . . . . . . . . . . . . . . . . . . . . . . . . .

Click here (or click the pic below) to open the document (2 page PDF) in a new browser window:

. . . . . . . . . . . . . . . . . . . . . . . . . .

UPDATE: The JAA Appellate Fund total currently stands at $105,670.98 — so let’s be sure to keep the momentum rolling so the fund total can push on towards the ultimate target of $250,000. That in turn will help towards covering all the legal fees associated with appealing Jodi’s wrongful conviction.

All donations via Justice4Jodi.com go directly to the fund. It is also the ONLY website authorized to collect donations.

In addition, please DO NOT, under any circumstances, donate through any other website or Facebook page/group claiming to be “official” and/or acting with Jodi’s approval or authorization. The same applies to any “Jodi Membership Clubs”, groups or fake Trust funds that have been set up. These sites are bogus – they continue to steal money from Jodi’s future – and they should be actively avoided. If you are aware of any such sites, please help Jodi by clicking here and reporting them.

Remember… each day that passes takes us one day closer to Jodi’s release date.

. . . . . . . . . . . . . . . . . . . . . . . . . .

WE ARE TEAM JODI – AND WE WILL BE VICTORIOUS in our quest for JUSTICE FOR JODI.

Make no mistake.

Believe it.

Prepare for it.

Be part of it.

As always, be sure to leave your relevant thoughts & comments below…

SJ
Team Jodi #WINNING <<<

Click the banner below to read Jade’s post – “Justice Denied: Why The Jurors Got It Wrong & How The Facts Decimate The State’s Case Against Jodi Arias.”:

Here’s the latest (from ABC15 Arizona) on Martinez’ disciplinary hearing.

It relates to multiple counts of well documented ethical violations & sexual misconduct charges during Jodi’s trial. The hearing which was set to start Tuesday, has now been delayed until further notice:

[embedit snippet=”martinez-deep-throat-8-2019″]

. . . . . . . . . . . . . . . . . . . . . . . . . .

UPDATE: The JAA Appellate Fund total currently stands at $105,426.47 — so let’s be sure to keep the momentum rolling so the fund total can push on towards the ultimate target of $250,000. That in turn will help towards covering all the legal fees associated with appealing Jodi’s wrongful conviction.

All donations via Justice4Jodi.com go directly to the fund. It is also the ONLY website authorized to collect donations.

In addition, please DO NOT, under any circumstances, donate through any other website or Facebook page/group claiming to be “official” and/or acting with Jodi’s approval or authorization. The same applies to any “Jodi Membership Clubs”, groups or fake Trust funds that have been set up. These sites are bogus – they continue to steal money from Jodi’s future – and they should be actively avoided. If you are aware of any such sites, please help Jodi by clicking here and reporting them.

Remember… each day that passes takes us one day closer to Jodi’s release date.

. . . . . . . . . . . . . . . . . . . . . . . . . .

WE ARE TEAM JODI – AND WE WILL BE VICTORIOUS in our quest for JUSTICE FOR JODI.

Make no mistake.

Believe it.

Prepare for it.

Be part of it.

As always, be sure to leave your relevant thoughts & comments below…

SJ
Team Jodi #WINNING <<<

Click the banner below to read Jade’s post – “Justice Denied: Why The Jurors Got It Wrong & How The Facts Decimate The State’s Case Against Jodi Arias.”:

Here’s Jodi’s Appeal Reply Brief, filed April 2nd.

Click here (or click the pic below) to open the document (96 page PDF) in a new browser window:

The arguments covered in the brief are as follows:

ARGUMENT 1:
The trial judge’s failure to protect Arias sufficiently from the massive, pervasive and prejudicial publicity during her trial violated her right to a fair trial.

ARGUMENT 2:
The trial court violated Arias’s right to confront witnesses and the Rules of Evidence when it allowed Officer Friedman to repeat statements made to him by Arias’s grandparents regarding a .25 caliber handgun that was allegedly stolen from their home during a burglary.

ARGUMENT 3:
The trial court abused its discretion when she allowed the state’s expert to testify regarding Arias’s mental state at the time of the crime.

ARGUMENT 4:
Arias was forced to wear a stun belt throughout trial, thus violating her right to a fair trial.

ARGUMENT 5:
The trial court committed clear error when she refused to reinstate panelists after the defense brought the prosecutor’s improper peremptory strikes to her attention.

ARGUMENT 6:
Pervasive and persistent prosecutorial misconduct denied Arias her rights to due process and a fair trial.

*** Click here to open the document (96 page PDF) in a new browser window ***

. . . . . . . . . . . . . . . . . . . . . . . . . .

UPDATE: The JAA Appellate Fund total currently stands at $105,247.77 — so let’s be sure to keep the momentum rolling so the fund total can push on towards the ultimate target of $250,000. That in turn will help towards covering all the legal fees associated with appealing Jodi’s wrongful conviction.

All donations via Justice4Jodi.com go directly to the fund. It is also the ONLY website authorized to collect donations.

In addition, please DO NOT, under any circumstances, donate through any other website or Facebook page/group claiming to be “official” and/or acting with Jodi’s approval or authorization. The same applies to any “Jodi Membership Clubs”, groups or fake Trust funds that have been set up. These sites are bogus – they continue to steal money from Jodi’s future – and they should be actively avoided. If you are aware of any such sites, please help Jodi by clicking here and reporting them.

Remember… each day that passes takes us one day closer to Jodi’s release date.

. . . . . . . . . . . . . . . . . . . . . . . . . .

WE ARE TEAM JODI – AND WE WILL BE VICTORIOUS in our quest for JUSTICE FOR JODI.

Make no mistake.

Believe it.

Prepare for it.

Be part of it.

As always, be sure to leave your relevant thoughts & comments below…

SJ
Team Jodi #WINNING <<<

Click the banner below to read Jade’s post – “Justice Denied: Why The Jurors Got It Wrong & How The Facts Decimate The State’s Case Against Jodi Arias.”: