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Court Procedures and Law Information and Q&A

Yes u can appeal.u have to pick certain things to appeal over like the judge instructing the jury wrongly for eg. u cant just appeal for the sake of it
 
myosotis said:
I'm sorry to ask this horrible hypothetical question, but it bothers me.

If Murray had called 911 (albeit late) and MJ had subsequently been left in a persistent vegetative state..or indeed with any degree of brain damage (due to lack of oxygen because of the late call), could MJ have sued CM for damages? eg multi millions for care? Is CM 'better off' being found guilty of manslaughter and losing his medical licence? I guess after jail time he can still work in some capacity (other than as a Dr) and will have no further financial or other penalties hanging over him...?

I wondered if not calling 911 was a premeditated act...... not just because he hoped to cover things up, but for his own future 'lack of potential financial cost'.
I'm guessing any medical insurance would not have covered him for IV admin of propofol and any consequent 'accidents'.

Edited to add: It just seems so odd that he would have the ambubag and oxygen to hand, and not use them, and not do correct CPR...everything points to a deliberate act of negligence. He also attached the oximeter to MJs finger, but must have removed it after Alberto came in to the room..maybe so that Alberto could not see the values it was displaying. CM must have known MJs level of oxygenation at that time....it was probably getting low.
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I'm also sorry for the off topic.

It is my personal opinion that Murray found Michael when he was already gone. All the facts support this theory, it is just a logical reasoning as to why he did CPR instead of ensuring proper ventilation (he had no pulse whatsoever) and to why he gave up so quickly so he can try and cover what happened. After five to ten minutes of no pulse all efforts are useless, since the patient is brain dead.

Again, I apologize for being off topic.
 
bouee said:
if (when) Murray is convicted, can he appeal the verdict ? If so, o, what grounds ? Thanks
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answer from june

Here's a link to a criminal defense appellate firm in California:

http://www.shouselaw.com/grounds-for-appeal.html

And I'll summarize a few lines here:

Specific grounds on which to appeal California criminal convictions:

False arrest (imo not in this case)
Improper admission or exclusion of evidence (imo not in this case but defense is not done)
Insufficient evidence (imo there are mountains of evidence vs. Murray)
Ineffective assistance of counsel (if Murray appeals imo it will most likely be on this ground)
Prosecutorial misconduct (should have been appealed against Sneddon in 2005 imo)
Jury misconduct (don't think so)
Sentencing errors (yeah, if he gets probation or merely stripped of license,the pros should appeal but imo will not)

The appeal is to a higher court (Murray case being Superior Court, the appeal would go to California Court of Appeal) where the court reviews the decision of the lower court; the Court of Appeal doesn't retry the case, does not examine new evidence, or accept testimony of new witnesses. Only job is to review what took place in the trial court to determine if legal errors occurred which affected the rights of either party.
 
how long does the rebuttal stage for the prosecution last. i presume they can only call a few witnesses to rebute major defence points. does it just last a day or two?
 
elusive moonwalker said:
how long does the rebuttal stage for the prosecution last. i presume they can only call a few witnesses to rebute major defence points. does it just last a day or two?
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there's no time limit for rebuttal but it should be over quickly. rebuttal is a stage where the testimony is limited to rebutting / debunking what the defense witnesses has said. so like I said it shouldn't last long. For example in Casey Anthony Trial it only lasted a day. I believe in OJ Simpson it was for 4 days. So it would depend on defense testimony and what the prosecution wants to rebut.
 
from june

Ivy - here's a link explaining the Cal sentencing guidelines which went into effect 10/1/11.

This issue has received a lot of airtime recently. Unfortunately, when I scanned through this article, it rather sickened me to think that Murray if convicted will most likely get little or no time behind bars. Feel free to post this in the legal thread if you like.

Personally, I think Cal should form some reciprocity arrangement with states experiencing less prison crowding and ship convicted felons elsewhere to serve their sentences.

http://ceb.com/lawalerts/Criminal-Justice-Realignment.asp


June
 
Thanks Ivy, at least we have a little time to get used to the idea... Sickening.

I also have another question, Murray can not profit from what happened if he's convicted. What happens if he leaves the US after he has served his sentence ?
 
The other day it was reported that the judge gave each side his instructions for the jury. does each side get a say on the wording or is that it
 
on the court website it says the 11th nov is a court holiday due to veterns day. not that im still expecting the juryto be out by then. but if a jury is deliberating at that time are they also covered by the court holiday or do delieberations continue so not to cause a disturbance to the jurros
 
my bad. june sent an answer to you but I forgot to post

from june

Most articles I have read on this subject affirm that on court holidays if a trial is in the deliberation stage, the court holiday would apply to the jurors and there would be no deliberations on such holidays
 
Do you guys think the verdict will be delivered some time this week (Oct 31-Nov 4)?
 
I listened to T-Mez on Positively Michael podcast

T-Mez says that he thinks there will be an extreme cross of White on Monday. Then there will be a direct by defense trying to fix as much as they can going into Tuesday. T-Mez also thinks prosecution will do a short rebuttal that at least includes Dr. Shafer. He says he expects long closing statements with visuals and then jury instructions. T-Mez assumes that the jury will get the case on Friday and we will have the verdict the following mid-week.

The fastest will be White Monday, rebuttal Tuesday and closing on Wednesday. If it moves that quick there could be a verdict by this Friday.

But it's really anyone's guess.
 
Thanks ivy. forgot about redirect re cross etc of white so it could take even longer. there seems to be no end.
 
Does the defense have rebuttal as well or is it only for prosecution?
 
Pastor mentioned the defence can. it was in one of those abc tweets from i think friday.he also mentioned the pros been able to rebute the defences rebuttal
 
yes they can but it should get shorter and shorter. What I mean is that for example in the prosecution rebuttal they can only rebut stuff that was said during defense's case. they cannot bring in new topics. similarly a defense rebuttal can only be done on what the prosecution said on their rebuttal. so as you can see even if it goes on it would get more and more limited in nature. so theoretically it shouldn't take long. Unless they ask for time off to prepare and the judge allows it.
 
Please could I ask if there is a time limit for jury deliberation, such that if they cannot decide unanimously by x days they would declare the jury 'hung'?

(Can't bear the thought of a possible retrial).
 
I think its just upto the judge to decide and i guess he decides based on what the votes are.
 
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