*** 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:
. . . . . . . . . . . . . . . . . . . . . . . . . .
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.”:
They now suddenly striked appendix 29 (which is about the book among other things) after it was denied to strike it before. How can that be?
https://apps.supremecourt.az.gov/aacc/appella/1CA/CR/CR150302.PDF
This is a lot of questions to be answered in what I am assuming is a fairly short amount of oral time. I would imagine the strategy of Jodi’s attorneys regarding how they prioritize these questions will be critical. Obviously, we all believe that JM committed prosecutorial misconduct and the question will be to what degree??
The second question is very interesting… if Jodi were to receive a new trial, would double jeopardy be attached?
https://eu.azcentral.com/story/news/local/phoenix/2019/10/03/jodi-arias-trial-court-of-appeals-overturn-prosecutor-juan-martinez-misconduct/3857752002/?fbclid=IwAR2KehYoI5TbGQPf63rfBDsAJEUOJ694cMr8u7Z5nq72rDdNLmir18Aenvk
Just to wish you all the best for the 17th. May justice prevail.
Here’s hoping
A NEW BOOK IS NOW BEING PUBLISHED & THE TITLE IS…..
PINOCCHIO
Juan Martinez corrupted our justice system with his constant
“MISCONDUCT & LIES”……
The justice department is finally
catching up with him…. It took many years but seems like were finally here…..
PS.) please dont forget to read the
the #1 Bestseller Book
“ PINOCCHIO”
It’s all about a Prosecutor
who lied throughout the trial
in order to give JODI ARIAS
the death penalty…..
Sounds like a Bestseller!!!! Thanks Kathy 🙂
🙂
The nose was longer than his whole ridiculous caricature of a body haha.
For real? LMFAO! If so, we must post the link of where it can be purchased!
Just found this on AZ ABC 15, the new Maricopa DA speaks a few days after being sworn in. She says all the things you expect but doesn’t address the one thing everybody really wants to know. One very interesting thing I saw in this article is that AZ has the fourth highest incarceration rate in the US!
https://www.abc15.com/news/region-phoenix-metro/central-phoenix/abc15-goes-one-on-one-with-new-maricopa-county-attorney-allister-adel
To summarize and get everyone caught up, the current status of Jodi’s case is as follows:
Her state-paid appeal was submitted to the Arizona Court of Appeals July 2018. The State then submitted its counter-argument in January of this year, and on April 2nd, Jodi’s appellate team submitted their reply brief, an 83-page, well-written document that adds substance to the following six arguments:
1. The trial judge failed to protect Jodi from the massive, pervasive and prejudicial publicity during her trial, thus violating her right to a fair trial. As stated in the appeal “Media related incidents began as early as 2011 and continued throughout trial, escalating as the trial progressed. This media attention adversely impacted defense experts such as Samuels and LaViolette who endured threats of violence because they dared to testify for the defense. The defense team itself was subjected to threats of real violence, they were followed on the streets, they were photographed at dinner and then subjected to derision on the internet. Media talk show hosts used the trial as fodder to entertain the masses with sex and violence.”
2. The court violated Jodi’s right to confront witnesses when it allowed hearsay by a Yreka police officer repeating statements made to him by Jodi’s grandparents regarding a .25 caliber handgun that was allegedly stolen from their home during a burglary. The prosecutor argued that he was not presenting the statement for the truth of the matter that Jodi stole the gun, yet then proceeded to use it throughout the rest of trial and into closing arguments to “prove” premeditation.
3. The trial judge allowed the state’s expert to testify regarding Jodi’s mental state at the time of the crime although, under the Rules of Evidence, “expert psychological testimony is not appropriate to show the actual mental state of a defendant at any given time.”
4. Jodi was forced to wear a stun belt throughout trial (although there was no evidence that she was either a flight or disruptive risk), thus opening the possibility of displaying (wrongfully) to the jury that she was dangerous as well as interfering with Jodi’s ability to concentrate on her own defense under continual threat of accidental or intentional electrocution.
5. The trial judge refused to reinstate jurors after the defense brought the prosecutor’s improper peremptory strikes to her attention. The prosecutor struck women from the panel supposedly based on their views of the death penalty while, at the same time, did not ask male panelists with the same views any questions and left them on the jury. This disparate treatment (among other behaviors) was evidence of the prosecutor’s discriminatory intent.
6. Pervasive and persistent prosecutorial misconduct denied Jodi her rights to due process and a fair trial. (The prosecutor is currently under State Bar investigation for his win-at-all-cost conduct during Jodi’s trial as well as a number of other death penalty cases.)
As I have said before on this site, I am totally confused how this argument is even still viable considering what we already know as fact. Jodi was NEVER considered a suspect in this burglary by the Yreka police because she was not in the home at the time the burglary occurred. The fact that Jodi was at a Buddhist monastery with her sister taking pictures. You would have thought that the Yreka police investigation would have been considered “proof” that she was not even in town. We can all complain about the lack of a witness other than her sister but the Yreka police belief that this was a stranger on stranger burglary apparently doesn’t count for much to a system that loves to argue about facts!
Any thoughts?
It’s been a long time waiting for the appeals to get started.
Since Jodi’s sentencing, I’ve done a three year research about murder cases and the punishment on each of those hundreds and hundreds of cases.
I have read about serial killers getting a less sentence than Jodi did. One that gives them a chance of parole.
I have read and followed cases about crimes with months of premeditation tried with a waaaay less conviction.
I have read about many cases of domestic violence, physical and mental abuse and the defendants have gotten less than 10 years of time – if any.
I have read and studied cases about self defense and the defendants have been found innocent because common sense was used by the jurors without any bias nor influence by the media mob/ the families/ the prosecutors themselves.
Comparing Jodi’s trial and case with all the above how is it possible for a normal sane person not see that Jodi has been denied all forms of justice.
She has been caged for 11 years for a crime she did TO SAVE HER LIFE.
It is time for Jodi to get a fair chance in the judicial system.
It is time for Jodi to get a second chance in life.
And if USA doesn’t want her free on the streets because she is the ‘ultimate threat’ to all Americans (rolling eyes) :dull: – no probs – Greece will be more than happy to have her! My home is large enough to have her and her significant other as housemates. So, if USA citizens are worried about her possible release, fear no more: I’ll take her off your hands. Then you can deal with all the murderers and serial killers and rapists and child molesters that roam your streets but feel safe because Jodi Arias is not roaming your streets… smfh!
((((Jodi)))) ♥
((((SJ)))) ♥
#selfdefenceisnotacrime
P.S. Hey there everyone! I’m alive! 😀
Pandora
Yeah, it’s insane.
Even IF one would assume for a moment she did it on purpose (which I don’t believe of course, just to be clear), this is still no comparison to serial killers or just likewise crimes of the same nature her verdict is based on, who got a way lesser sentence.
But obviously not in through and thorugh corrupt, rotten to the core and reactionary Arizona.
Carla might very well be right in her suspicion that reversing this major error from Justitia now is very much a political matter rather then one of justice in this remarkable corrupt state/county/prosecution office (I mean Montgomery for Supreme Court? – gimme a fucking break – and that is only one example), all to Jodi’s disadvantage. 🙁
Frank, both you and Carla are absolutely right. I’m just hoping that someone has the brass balls to do the correct thing instead of licking rims for their political gain.
Amber Guyger, found guilty of murder, sentenced to 10 years, out in 5…and she got a Bible and a hug from the judge.
Sigfredo Garcia, paid assassin in Dan Markel case, found guilty of murder, sentenced to life in prison.
Both trials happened in the last 2 months in Texas and Florida. (none of these states being the bastions of liberal ideas)
Jodi Arias, eligible for the death penalty for the crime of self-defense.
The injustice is so obvious and so monstrous, one can only fear the powers that be would do something to save their own asses.
On the other hand, if Martinez doesn’t have enough dirt on his former boss, who got a big ass promotion and has even more power now, justice might be served by throwing Martinez out to save the pack.
Does anyone know if the appeal court judges are fair? I really do hope that they are not biased and take their jobs seriously! FAIRNESS… that’s all Jodi needs.
Hey Pandora! What’s up!
I think we can assume that they are more justice oriented than JM! I agree with Carla that there is some politics involved in this case. The question is… do the justices allow it to affect their ruling?
Hey there Lance! All is well! I’m always around but sometimes I choose to keep quiet. It gives the haters sth to wonder about. They also tried to ‘test’ me by spreading out rumors that I had died! LMFAO! Too funny!
In my opinion, Jodi has a serious political problem. Many people made their careers on her name, even more people made millions with this story. For the state to come now and give a verdict of “Oopsy!” it will be very difficult. I’m pretty sure there is serious pressure on those involved on the State’s side.
It will take a miracle to make those corrupt politicians (yes, prosecutors and judges are politicians) to acknowledge their failure.
On the other hand, Jodi is not a stranger to miracles. (the 2 jurors who practically saved her life)
Carla, how true all this rings. As I replied to Frank, hoping corruption is terminated today and real justice prevails.
Idk if Jodi will get all she wants from this appeal, but 17 was a good day for her and 26 will be another good day too.
Some kind of change is coming, how good of a change remains to be seen.
In any case, if anyone is in contact with her, overreacting might hurt her cause. Keeping a cool head this month is a must for her.
This afternoon the court is considering how much media it will allow in the courtroom. I pray that the court does not allow a media circus which is what happened last time. Media access needs to be limited or once again opportunists for making big money/fame on this case will pollute the proceedings.
one video camera and one still camera allowed
There’s a new pic of Jodi up at Jodiarias.com She looks amazing! Hoping for the best for her at tomorrow’s hearing!
Just so we have everything together: Jodi’s lawyers’ original appeal brief is here —
https://jodiariasisinnocent.com/2018/07/
— and both the state’s answering brief and her lawyers’ reply to that are tabs in the menu of recent posts at the top R.
New post added…
Jodi’s Appeals: Live-stream Video Starts @ 10am PST:
https://jodiariasisinnocent.com/jodi-arias-appeals-oral-argument-live-stream-justice-for-jodi-arias
SJ
Team Jodi #WINNING <<<