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Author Topic: EXHAUSTED AND EXHILARATED  (Read 11727 times)

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FJL

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Re: EXHAUSTED AND EXHILARATED
« Reply #120 on: January 09, 2011, 04:55:33 PM »

Are we on page 5 yet?
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TCB

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Re: EXHAUSTED AND EXHILARATED
« Reply #121 on: January 09, 2011, 04:57:54 PM »

Are "they"  guessing if it will happen tonight or during the week?  Good weather vibes!


Possibly Tuesday night or Wednesday.
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TCB

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Re: EXHAUSTED AND EXHILARATED
« Reply #122 on: January 09, 2011, 04:59:46 PM »

I wouldn't mind if we had a big snowstorm.
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JMK

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Re: EXHAUSTED AND EXHILARATED
« Reply #123 on: January 09, 2011, 05:02:46 PM »

Supposedly Portland's getting the same storm.
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bk

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Re: EXHAUSTED AND EXHILARATED
« Reply #124 on: January 09, 2011, 05:09:17 PM »

Break's over and will now write some more - I also have to write the contextual commentary for Wednesday's show - I'll probably do that tomorrow night.
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Cillaliz

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Re: EXHAUSTED AND EXHILARATED
« Reply #125 on: January 09, 2011, 05:11:24 PM »

Cillaliz, why was he only charged with two counts of murder and three counts of attempted murder? Don't all the other people count?

Because this is the federal court case.  Murder is generally a state crime.  For the judge, the staffer who died, the staffers who were injured and the congresswoman it's federal because there is a statute that says it's a federal offense to kill, assault, etc a federal employee acting in their offical capacity.  The complaint apparently states that Judge Roll went to talk to Congresswoman Giffords about the HUGE caseload in the District of Arizona.   That's totally plausible since the caseload there is a huge issue and it would mean he was acting in his official capacity.  The staffers and the Congresswoman were clearly doing an event= official capacity.

They have made it clear that there could be more charges.  The  murder charges for the others would  be in state court as there is no federal jursidiction for them.  It wouldn't be double jeopardy because the federal court is a separate sovereign from the state court so you can be tried in both courts for the same event.

They had to start someplace and it makes sense to start with the highest profile cases.  If the evidence shows he was targeting Congresswoman Giffords, as is expected, then it would make even more sense to start in federal court. That doesn't mean it's the end of the charges, only the beginning
« Last Edit: January 09, 2011, 05:25:19 PM by Cillaliz »
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Cillaliz

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Re: EXHAUSTED AND EXHILARATED
« Reply #126 on: January 09, 2011, 05:13:55 PM »

I can give you an example that's pretty clear from my current caseload.  I have a client who is accused of robbing a drug dealer at gunpoint during what was apparently a drug deal for 50 pounds of marijuana.  The seller was a federal cooperator and the incident was videotaped.  The state filed robbery and assault charges.  The feds filed drug charges and carrying a firearm in connection with a drug trafficking offense.   So, I'm defending him in two different courts for charges out of the same incident
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Cillaliz

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Re: EXHAUSTED AND EXHILARATED
« Reply #127 on: January 09, 2011, 05:14:47 PM »

Never mind. I see they are federal charges. I'm sure the rest will be charged by the county.

Oh sheesh! I should have read your next post instead of going into a long explanation
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Cillaliz

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Re: EXHAUSTED AND EXHILARATED
« Reply #128 on: January 09, 2011, 05:15:37 PM »

I know Jared Loughner's lawyer.  She's one of the best.

Has she been named publicly yet?  Last I read they were looking for one out of the area.

Yes, I heard about it on TV. Her name is Judy Clarke.  She represented the Uni-bomber Ted Kazinsky (sp?) and Susan Smith
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Jane

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Re: EXHAUSTED AND EXHILARATED
« Reply #129 on: January 09, 2011, 05:20:16 PM »

Never mind. I see they are federal charges. I'm sure the rest will be charged by the county.

Oh sheesh! I should have read your next post instead of going into a long explanation

That's ok I found it very interesting.
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Laura

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Re: EXHAUSTED AND EXHILARATED
« Reply #130 on: January 09, 2011, 05:20:31 PM »

Thank you, Cillaliz. I appreciate your detailed answer.

I was afraid maybe the other people weren't "worth it," which would be a terrible thing.
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Cillaliz

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Re: EXHAUSTED AND EXHILARATED
« Reply #131 on: January 09, 2011, 05:27:41 PM »

Thank you, Cillaliz. I appreciate your detailed answer.

I was afraid maybe the other people weren't "worth it," which would be a terrible thing.

No, I'm sure that's not it.  Plus it's only the complaint.  Charges can change depending on what the grand jury votes to indict on.  The U.S. Attorney could ask for more charges if they can figure out a way to do it.   Like I said, it's just the beginning.
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FJL

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Re: EXHAUSTED AND EXHILARATED
« Reply #132 on: January 09, 2011, 05:27:55 PM »

Thanks for that explanation, Cilla.
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Jane

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Re: EXHAUSTED AND EXHILARATED
« Reply #133 on: January 09, 2011, 05:35:34 PM »

I know Jared Loughner's lawyer.  She's one of the best.

Has she been named publicly yet?  Last I read they were looking for one out of the area.

Yes, I heard about it on TV. Her name is Judy Clarke.  She represented the Uni-bomber Ted Kazinsky (sp?) and Susan Smith

I couldn't much current info on her.  It seems she does live out of state.  Am I correct?
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Cillaliz

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Re: EXHAUSTED AND EXHILARATED
« Reply #134 on: January 09, 2011, 05:35:57 PM »

No problem.
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Ginny

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Re: EXHAUSTED AND EXHILARATED
« Reply #135 on: January 09, 2011, 05:38:51 PM »

Thanks to DRs Jane and FJL for the travel vibes.  Time will tell when the travel will commence...
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Cillaliz

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Re: EXHAUSTED AND EXHILARATED
« Reply #136 on: January 09, 2011, 05:41:14 PM »

Judy is a past president of the National Association of Criminal Defense Lawyers.  She's headed Federal defender and community defender offices around the country. She was in Washington or Oregon at one time.  She's in San Diego now. 
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Cillaliz

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Re: EXHAUSTED AND EXHILARATED
« Reply #137 on: January 09, 2011, 05:41:39 PM »

I think she does mostly death penalty work
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Jane

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Re: EXHAUSTED AND EXHILARATED
« Reply #138 on: January 09, 2011, 05:44:43 PM »

Thanks Cilla, that confirms what I saw.  The dates on the articles were old enough she could have moved.  For her sake I hope there are direct flights between the two cities.

Beginning next month United canceled their non-stop flight from here to Portland, definitely a result of the economy.
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Jane

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Re: EXHAUSTED AND EXHILARATED
« Reply #139 on: January 09, 2011, 05:46:33 PM »

I think she does mostly death penalty work

I'm under the impression the state has to pay her bill.  Would that include her traveling expenses since they wanted someone from out of the area?
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Cillaliz

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Re: EXHAUSTED AND EXHILARATED
« Reply #140 on: January 09, 2011, 05:50:46 PM »

post deleted - that photo was just too big
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Jane

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Re: EXHAUSTED AND EXHILARATED
« Reply #141 on: January 09, 2011, 05:51:20 PM »

Busy woman :)
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Jane

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Re: EXHAUSTED AND EXHILARATED
« Reply #142 on: January 09, 2011, 05:52:05 PM »

LOL why didn't you simply modify it- now my post is out of order. ;D
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Cillaliz

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Re: EXHAUSTED AND EXHILARATED
« Reply #143 on: January 09, 2011, 05:52:39 PM »

She's living in San Diego now. That's an hour flight from Phoenix and there are lots of them.   If she's working for a salary or on contract she'll get paid whatever that is.  Otherwise, these are federal charges so the feds pay not the state. For death penalty court appointed federal cases the current rate is $178 per hour
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elmore3003

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Re: EXHAUSTED AND EXHILARATED
« Reply #144 on: January 09, 2011, 05:52:53 PM »

Never mind. I see they are federal charges. I'm sure the rest will be charged by the county.

Oh sheesh! I should have read your next post instead of going into a long explanation

I am glad that you did. It clarified things.
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Cillaliz

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Re: EXHAUSTED AND EXHILARATED
« Reply #145 on: January 09, 2011, 06:00:13 PM »

Glad it was helpful. I'm just amazed they got that much done on a Sunday
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Cillaliz

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Re: EXHAUSTED AND EXHILARATED
« Reply #146 on: January 09, 2011, 06:02:36 PM »

Oh and yes, for CJA - (Criminal Justic Act - what they call the federal court appointed lawyers) you also get travel expenses
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Jane

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Re: EXHAUSTED AND EXHILARATED
« Reply #147 on: January 09, 2011, 06:06:32 PM »

Glad it was helpful. I'm just amazed they got that much done on a Sunday

I didn't think about that.  I bet they hustled to move on this.

Thank you for all the background info.
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Cillaliz

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Re: EXHAUSTED AND EXHILARATED
« Reply #148 on: January 09, 2011, 06:07:07 PM »

Ok, back to writing.  I am hoping to get this out tomorrow. I don't want to wait until the very last minute
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Jane

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Re: EXHAUSTED AND EXHILARATED
« Reply #149 on: January 09, 2011, 06:08:26 PM »

Bye & thanks again.
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