The Casey Anthony Probation Thing (Update)

Scott Greenfield covers it, better than I would at this point.

There’s a level of disgust you reach sometimes that makes for poor writing and with respect to the Casey Anthony thing I think I reached it.  I was hoping someone else would say what needed to be said.

Judge Perry has descended from his already low level to something downright creepy.

Update:  This is a laugh.  From Judge Perry’s order:

“No attorney should conduct himself or herself in a way that impedes an order of the court …. our system of justice should never be in the position of rewarding someone who willfully hides the ball.”

Prosecutors are rewarded for willfully “hiding the ball” all the time.  But neither Judge Perry nor other judges nor even the Supreme Court gives a shit about that.  Apparently when prosecutors do it, it doesn’t “mock justice”.  See here and here.  And don’t forget Pottawattamie County v. McGhee.  SCOTUS got to duck that one under their own Rule 46.

One other thing I’ll mention.  Probation is a great way for vindictive prosecutors and police to dream up other ways of punishing defendants who “got away with it” by being found not guilty at trial, because any little technical violation of rules or conditions can get you back in the slammer and facing charges for “violating probation”.

For this reason experienced criminals are often inclined to avoid probation or parole like the plague, preferring to do straight time in jail or prison.

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9 Comments

Filed under wrongful convictions

9 responses to “The Casey Anthony Probation Thing (Update)

  1. The judge may have failed to consider two important issues in this action. One, Casey Anthony was already released from probation by the probation department and this will be overturned on the Appellate level. And two, I don’t believe the judge considered just how many complaints the probation department is likely to receive from this defendant by claims of inappropriate actions and non-actions alleged against the department in a twelve month period of time. This will cost the Florida tax-payers an untold and incalculable amount of money. And, for what? Nothing. Casey wins again. What happened to justice for Caylee? -Jane

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  2. Ron P

    A quick check in Westlaw shows that Judge Perry’s name is a familiar one with appellate panels. This is a cynical and vindictive ruling.

    Here’s a partial list of Perry’s “judgement” (I stopped at 50 but there were many many more):
    1. Palmer v State – Sentence Vacated
    2. Fisher v State – Reversed
    3. Maynard v State – Sentence Quashed
    4. Glidewell v State – Reversed
    5. Nat Weaver Inc v Fencl – Reversed
    6. Messam v State – Sentence Vacated
    7. Horn v State – Sentence Vacated
    8. Henderson v State – Remanded
    9. Frattallone v State – Reversed
    10. Satalino v State – Reversed
    11. Green v State – Sentence Vacated
    12. Carter v State part 1 – Reversed
    13. Hamilton v State – Sentence Vacated
    14. Tinsley v State – Remanded
    15. Carter v State part 2- Sentence Quashed
    16. White v State – Sentence Vacated
    17. Bell v Perry – Writ of Mandamus
    18. Ferguson v State – Reversed
    19. Sirmons v State – Sentence Vacated
    20. Girard v State – Sentence Reversed
    21. Brown v State part 1 – Sentence Vacated
    22. M. Carter v State – Sentence Vacated
    23. Brown v State part 2 – Imposition of Costs Stricken
    24. Operadora Seryna v Banco Bilboa Viscaya-Mexico – Reversed
    25. Johnson v State – Reversed in Part
    26. Pender v State – Reversed
    27. Harden v State – Remanded
    28. K. Smith v State – Reversed
    29. Bacon v State – Sentence Vacated
    30. Combs v State – Vacated
    31. Williams v King – Reversed in Part
    32. Bolger v State – Reversed
    33. J. Smith v State – Reversed in Part
    34. Andzulis v Montgomery Road Acquisitions – Reversed
    35. Fowler v State – Reversed
    36. McGee v State – Sentence Vacated
    37. CED Construction v Kaiser-Taulbee Associates – Reversed
    38. Marino v State – Sentence Stricken
    39. Allen v State – Reversed
    40. State v Houck – Remanded
    41. State v Ducharme – Reversed
    42. Barley v Alberini – Reversed
    43. Hall v State – Reversed
    44. State v Thomas – Reversed
    45. State v Ford and Nguyen – Quashed
    46. Young v State – Reversed
    47. Lebron v State – Death Sentence Vacated Twice
    48. State v R. Jones – Reversed
    49. Blandon v State – Reversed in Part
    50. Armstrong v State – Reversed

    Pencil in Anthony v State part 1 (stacked lying to law enforcement convictions–error in law) and Anthony v State part 2 (probation due process error).

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    • Wow, Ron P, awesome info, thank you so very much. -Jane

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    • bluebird

      Good grief. He is sitting in Superior Court! I am sure Florida has well- developed case law, unlike other states such as New Hampshire where mandatory appeals on superior court cases still exists. If his reversal rate is so high he should be removed from the bench.

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  3. Country Lawyer

    I don’t know, the words “double jeopardy” come to mind for some reason?? I swear, just when I thought all this crap was over and could not get any worse, then this….does this judge really believe the state needs to be paying for this? I can’t wait to see what the appeals court in Florida does with the appeals…does anyone know if the appellate judges are elected in Florida?

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    • Ron P

      We have a very sensible system that usually makes up for the sort of cynical and vindictive orders like this latest one from Judge Perry. A qualifying commission recommends appointees to the governor. The newly sworn appellate (district court of appeal or supreme court) justice serves a term of six years. At the end of the term the judge is eligible for “merit retention” by electors. If the judge is not retained on merit then the commission puts up another name for the governor’s appointment. Successive six year terms are generally the rule barring health issues or financial scandal.

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      • Country Lawyer

        Sounds like a very fair compramise. I have worked in states that have everything from the federal approach to straight elections. Elections don’t work because the people don’t know who the judges are (which might be a good thing considering what it takes to become popular), but life time appointmnets might not always be good either. Either way, I have always had a lot of faith in the appellate courts I have dealt in and for the most part, the faith has been well founded. I hope this is true for Florida….and I hope your DA down there that threw the press conference to explain how the money wasn’t wasted on that trial is not reelected.

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