Judge Perrry Sets Hearing 4/30/10

New Casey Anthony judge sets tone for lawyers
Judge Belvin Perry set an April 30 date for a status hearing, and he serves notice in his order that he expects an orderly, professional case.

By Alan Schmadtke, Orlando Sentinel
2:37 p.m. EDT, April 22, 2010

True to his reputation, new Casey Anthony judge Belvin Perry wasted little time laying out his expectations for attorneys on both sides of the murder case.

Perry today signed an order calling for an April 30 status hearing on the capital case, and the order spelled out what Perry has in mind for the direction of a case now in its second year.

In the first sentence in the order, Perry reminded prosecutors and defense attorneys that the Florida Rules of Judicial Administration say that: "Judges and lawyers have a professional obligation to conclude litigation as soon as possible . . ."

Perry also put attorneys on notice about how their behavior in court: He asked that they "familiarize themselves with the Ninth Judicial Circuit Courtroom Decorum Policy" and follow it "at all times."

Perry assumed control of the case Monday when Circuit Court Judge Stan Strickland granted a defense team motion requesting he withdraw from the case.

Casey Anthony's defense attorneys said Strickland developed a relationship with a local blogger and they feared their client wouldn't get a fair trial.

Strickland's recusal made way for Perry, the chief judge, to take over the case.

In his order, Perry asked attorneys from both sides to come to next week's hearing prepared to:

•Discuss discovery and scheduling deadlines.

•Discuss future motion deadlines.

•Discuss motions that are still pending.

•And discuss pre-trial and trial dates.

The order reflects Perry's reputation for efficiency. He also asked attorneys to provide him a list of motions that will require evidentiary hearings and those based on pleadings and to give courtesy copies to the court of future motions.

The motion that defense attorneys filed asking that Strickland be removed from the case was not provided to the court ahead of time, court administrators said.

Meanwhile, the State Attorney's office will release another batch of discovery on Friday morning in the capital murder case against Casey Anthony.

Some of the new evidence could involve information gleaned from an FBI handwriting expert, according to a report by WFTV.com.

Anthony's defense team has requested records about analyst Lorie Gottesman, the station reported.

The state recently released copies of letters exchanged between Anthony and another Orange County Jail inmate, Robyn Adams. Anthony remains at the jail; Adams is in federal prison.

Anthony's family recently handed over a journal of hers to investigators, the station reported.

http://www.orlandosentinel.com/news/local/breakingnews/os-casey-anthony-handwriting-20100422,0,7045660,full.story

New Judge Plans Meeting On Anthony Case
Status Hearing Slated On April 30

POSTED: 11:07 am EDT April 22, 2010
UPDATED: 11:42 am EDT April 22, 2010

ORLANDO, Fla. -- The new judge who will preside over the Casey Anthony case made his first move on Thursday.

Chief Judge Belvin Perry wants to meet with attorneys in the case on April 30 for a status hearing.

Meanwhile, more evidence is expected to be released by the State Attorney's Office as early as Friday.

Members of Orlando's legal community said they're surprised at the defense team's successful quest to have Judge Stan Strickland remove himself from the case.

Strickland stepped down from the case on Monday.

http://www.wesh.com/news/23231711/detail.html

Judge In Casey Case Orders Management Hearing

Posted: 2:23 pm EDT April 22, 2010
Updated: 3:04 pm EDT April 22, 2010

ORLANDO, Fla. -- The new judge assigned to the Casey Anthony case has ordered a management hearing for April 30 at 9:30am, according to a document (read order) released Thursday.

Chief Judge Belvin Perry has taken over after Judge Stan Strickland recused himself from the case Monday. Council for the state and the defense will discuss pretrial and trial dates, motion deadlines, scheduling and completion of depositions, along with other topics.

DOCUMENT: Judge Perry's Orders

Chief Judge Belvin Perry also sent out an administrative order (read) on courtroom behavior and decorum. The order specifies how anyone in the court must act while Judge Perry is presiding.

Chief Perry is the go-to judge for problematic criminal cases in Orange and Osceola counties and Casey's case has become one.

Judge Perry has an extraordinary record; almost always, what he says goes. He has been chief judge for almost 13 years. Over the last ten years, in the many criminal cases he's heard, some of which have been death penalty cases, only one of his rulings was partially overturned by a higher court.

Judge Perry has been on the bench in Central Florida for 21 years.

http://www.wftv.com/news/23234238/detail.html

Judge Perry's Orders

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA

CASE NUMBER 2008-CF-15606

STATE OF FLORIDA, Plaintiff,
V.
CASEY MARIE ANTHONY, Defendant.


On April 19, 2010, the above-styled case was reassigned following the recusal of Judge Stan Strickland. The Florida Rules of Judicial Administration provide that

Judges and lawyers have a professional obligation to conclude litigation as soon as possible as it is reasonably and justly possible to do so. ...

The trial judge shall take charge of all cases at an early stage in the litigation and shall control the progress of cases thereafter until the case is determined. The trial
judge shall take specific steps to monitor and control the pace of litigation ...

Fla. R. Jud. Admin. 2.545(a) and (b). Therefore, sua sponte, this Court sets a Case Management Hearing on April 30, 2010 at 9:30 a.m. in the Roger A. Barker Courtroom located on the 23rd floor of the Orange County Courthouse.

It is hereby ORDERED AND ADJUDGED:

1. At the Case Management Hearing, counsel for the State and the Defense shall be prepared to discuss the following issues:

• Discovery deadlines, including but not limited to, the scheduling and completion of depositions of all ordinary and expert witnesses

• future Motion deadlines

• Motions that remain pending and unresolved

• Pre-trial and Trial dates

2. Counsel shall provide the Court with a list of pending Motions, identifying with specificity those which will require evidentiary hearings and those which may be addressed based on the pleadings.

3. Counsel shall provide courtesy copies of all future Motions to the Court.

4. Counsel shall familiarize themselves with the Ninth Judicial Circuit Courtroom Decorum Policy set forth in Administrative Order Number 2003-07, a copy of which is attached to this Order, and shall, at all times, conduct themselves accordance with that policy.

DONE AND ORDERED in chambers at Orlando, Orange County, Florida this 22nd day of April 2010.

BELV1N PERRY, JR.
Chief Judge

ADMINISTRATIVE ORDER NO. 2003-07

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE AND OSCEOLA COUNTIES, FLORIDA



WHEREAS, in an effort to ensure the effective administration of justice, it is necessary that a policy be established to provide certain basic principles concerning courtroom behavior and decorum in the Ninth Judicial Circuit;

NOW, THEREFORE, I, Belvin Perry, Jr., pursuant to the authority vested in me as Chief Judge of the Ninth Judicial Circuit of Florida under Florida Rule of Judicial Administration 2.050 order that all counsel (including all persons at the counsel table) when appearing in this Court, unless excused by the presiding Judge, shall abide by the following effective immediately:

1. Stand when Court is opened, recessed or adjourned. Stand when addressing, or being addressed by the Court. Stand when the jury enters or retires from the courtroom. When making opening statements, closing arguments or examining witnesses, do not approach either the jury or the witness without the Court's permission. Remain at the lectern unless using exhibits or charts.

2. Address all remarks to the Court, not to opposing counsel or the opposing party.

3. Avoid disparaging personal remarks or acrimony toward opposing counsel and remain wholly detached from any ill feeling between the litigants or witnesses.

4. Refer to all persons, including witnesses, other counsel and the parties by their surnames and not by their first or given names unless the permission of the Court is sought in advance.

5. Only one attorney for each party shall examine, or cross examine each witness. The attorney stating objections, if any, during direct examination, shall be the attorney recognized for cross examination.

6. Counsel should request permission before approaching the bench. Any documents counsel wishes to have the Court examine should be handed to the clerk. Any paper or exhibit not previously marked for identification should first be handed to the clerk to be marked before it is tendered to a witness for his examination; and any exhibit offered in evidence should, at the time of such offer, be handed to opposing counsel.

7. No exhibit, whether marked for identification or not, shall be held in any manner, or placed in any position in the courtroom, that would allow the jury to see the exhibit unless it has been admitted into evidence and permission to publish the exhibit to the jury has been obtained from the Court.

8. In making objections, counsel should state only the legal grounds for the objection and should withhold all further comment or argument unless elaboration is requested by the Court.

9. When examining a witness, counsel shall not repeat or echo the answer given by the witness.

10. Offers of, or request for, a stipulation should be made privately, not within the hearing of the jury.

11. In opening statements and in arguments to the jury, counsel shall not express personal knowledge or opinions concerning any matter in issue.

12. Counsel shall admonish all persons at the counsel table who make gestures, facial expressions, audible comments, or the like, as manifestations of approval or disapproval during the testimony of witnesses, or at any other time. This behavior is strictly prohibited.

13. Counsel shall refrain from attempting to make a re-argument after the Judge has ruled.

14. Counsel shall complete resolution negotiations and advise clients of their settlement options in advance of court hearings.

15. No tobacco use in any form is permitted. No bottles, beverage containers, paper cups or edibles are allowed in the courtroom, except as permitted by the Court. No gum chewing is permitted.

16. Cell phones and pagers should be turned off or in a vibrate mode. Computers should be used with audio off.

DONE AND ORDERED at Orlando, Florida, this 1st day of April, 2003.

/s/ Belvin Perry, Jr.
Belvin Perry, Jr.
Chief Judge

wow... i think bozo and cohorts better take some refresher courses on courtroom procedure.

oh, and they better put a bag over KCs face for ALL future hearings.

i think... i think.. I LOVE this new judges STYLE!!

Here are parts of the order that might pose problems for the defense based on prior history:

• Discovery deadlines, including but not limited to, the scheduling and completion of depositions of all ordinary and expert witnesses
  
• Counsel shall provide courtesy copies of all future Motions to the Court.
  
• Address all remarks to the Court, not to opposing counsel or the opposing party.
• Avoid disparaging personal remarks or acrimony toward opposing counsel and remain wholly detached from any ill feeling between the litigants or witnesses.
• In making objections, counsel should state only the legal grounds for the objection and should withhold all further comment or argument unless elaboration is requested by the Court.
• Counsel shall admonish all persons at the counsel table who make gestures, facial expressions, audible comments, or the like, as manifestations of approval or disapproval during the testimony of witnesses, or at any other time. This behavior is strictly prohibited.
• Counsel shall refrain from attempting to make a re-argument after the Judge has ruled.

And here is the rule that will pose a major problem for Cindy Anthony:

• No tobacco use in any form is permitted. No bottles, beverage containers, paper cups or edibles are allowed in the courtroom, except as permitted by the Court. No gum chewing is permitted.

randilynn wrote:wow... i think bozo and cohorts better take some refresher courses on courtroom procedure.

oh, and they better put a bag over KCs face for ALL future hearings.

i think... i think.. I LOVE this new judges STYLE!!

I agree Randi. Bozo is going to have a hard time complying with Judge Perry's rules since in past hearings, he always seemed to break one of the listed rules every time he opened his mouth.

There's a good chance we won't see too much laughing and smiling by Casey in future hearings.

I wonder if Baez is gonna call him "Judge" or "Chief" or "Your Honor"...

my money is on "your honor"...

this is going to be a TRIP to watch baez try to learn proper court procedures. he will be like a fish out of water, floundering around on the banks.

I BET mason will be doing MUCH more of the talking from now on. ..

Is new judge’s order ‘the clampdown’?

posted by halboedeker on April, 22 2010 6:38 PM

Have we entered a new era in the Casey Anthony case?

Chief Judge Belvin Perry’s order for a case-management hearing was studied for what it means. The hearing will be April 30. Perry this week took over the case from Judge Stan Strickland, who stepped down.

“I’m going to call it [the order] the clampdown,” Orlando defense attorney Diana Tennis told WOFL-Channel 35.

WOFL’s Holly Bristow said Perry’s order means “there is going to be no drama in my courtroom, come prepared because we’re going to be getting down to business and moving this case along.”

Tennis said the order was directed at the state and the defense. “They won’t be able to squabble as they have in the past,” she said.

Tennis said it was a special order for a special case and sent the message that Perry “is going to put this thing on a tight leash.”

Anthony is charged with first-degree murder in the death of her daughter, Caylee.

WFTV-Channel 9 anchor Bob Opsahl said at the hearing Perry will “discuss his expectations for everyone involved.” In his order, Perry “attached the courtroom decorum policy and reminded the attorneys involved to follow all the rules all the time,” Opsahl added.

WESH-Channel 2 anchor Jim Payne said Perry “reminded the attorneys that it’s their responsibility to keep the case moving as quickly as possible.”

WKMG-Channel 6 anchor Lauren Rowe said the hearing was “an opportunity to call all the attorneys together to make sure the new judge has all of the information he needs so he can get up to speed on the case.”

In a report, WESH’s Bob Kealing explained that it’s up to the jury to recommend death in the case – and that recommendation requires seven of the 12 jurors’ votes.

“Then it’s up to the judge to pass the sentence, life or death,” Kealing said. “Several attorneys we spoke with said judges, only in the rarest of circumstances, will overturn a jury’s recommendation for life. So that life-death question really is in their hands.”

http://blogs.orlandosentinel.com/entertainment_tv_tvblog/2010/04/casey-anthony-is-new-judges-order-the-clampdown.html

Casey Anthony latest news: Judge Perry could rule for death penalty despite jurors vote

April 22, 3:27 PM
Tampa Crime Examiner
Charisse Van Horn

Casey Anthony has a new judge after Judge Stan Strickland recused himself. The debate is underway as this controversial move has significant impact on the outcome of Casey Anthony’s trial. Since Casey Anthony faces the death penalty, she will undergo two phases during her trial: the guilty phase and the penalty phase. Judge Perry’s personal views regarding the death penalty may determine the final outcome as to whether Casey Anthony faces life in prison or is sent to Florida’s death chamber.

Under Florida Statute 921.141 death penalty procedures must be conducted during a second phase of the trial referred to as the Penalty Phase. This takes place after the first phase or where the jury decides whether the defendant is guilty or innocent. If Casey Anthony is found guilty, the same jury will be called in and will sit under the same judge who presided over the trial: Judge Belvin Perry. The jury will then vote on sentencing.

Under Florida law, the judge has the authority to override the vote of the jury and set his own sentencing. If the jury found Casey Anthony guilty but voted for life in prison, Judge Belvin Perry could override the vote and sentence Casey Anthony to death.

There are currently three men on death row who were sentenced under Judge Belvin Perry.

Now that Judge Perry is on the Casey Anthony case, we can expect the trial to get moving along. He has already ordered a hearing for April 30, 2010 to discuss the procedural aspect of the case. That hearing is scheduled for 9:30 a.m. and will be held at the Orange County Courthouse.

http://www.examiner.com/x-7403-Tampa-Crime-Examiner~y2010m4d22-Casey-Anthony-latest-news-Judge-Perry-could-rule-for-death-penalty-despite-jurors-vote

awaiting justice wrote:This will be good.. Wonder if MD will go???

Good question, AJ.... it will be interesting to see if he shows up. My guess is YES.

I'm looking forward to watching on the 30th! It will be aired, right?

Loved the 'no gum chewing' and 'no water bottles'!

And did you forget "proper attire"? No more shorts/shots for George..I can't wait to see this and how the climate in the courtroom will change...KC will have to put on her somber face...Can't you just hear Judge Perry saying..."This is no laughing matter, young lady...wipe that smirk off your face."

Estee, I'll happy to see if Perry makes Casey stop laughing and smiling like a buffoon (and Baez too!)

Baez has acted all along like it was a big joke the state thought Casey had anything to do with Caylee's death and disposal. His smirking was like he was saying to them how stupid they were that he even had to be there to defend Casey's rights against their 'ridiculous' accusations.

Casey has smirked, smiled and laughed like she was in some fictional movie where she was accused of something she didn't do, where the story ends with the whole world falling at her feet and saying how wrong they all were about her. Trouble is though, that in a real movie about such a thing she'd not be smiling before being acquitted! Ah, but Casey's written the script in her mind and can't help knowing the ending that is supposed to happen. I think part of this is because Baez has convinced her he's going to set her free and she believes it.

I think Baez is leading Casey down a primrose path that doesn't exist and she is influenced by it. Not that she even needed anyone to perpetuate her lack of concern over the seriousness of the situation she's in. That could be believed to be 'denial' if it were only Casey doing it. But while for Casey it could be seen as 'denial', for Baez to promote the same attitude is cavalier and irresponsible to Casey! Baez should have told her long ago to stop the damn happy happy in the courtroom!

Why didn't he? IMO it's because he's enjoying the limelight of being contrary to the prosecution and LE and the Judge instead of being supportive of his client. He seems more interested in 'in your face- ing' everyone than in actually addressing the case, and he is thrilled that Casey is on board with his games. Two peas in a pod...his dream case come true!

I've gone from an "oh no!" on Strickland leaving to a "YES!" on Perry. Here comes the Judge, and he will be speaking to the duh-fense and warning them that it's time to behave like big boys and girls. And Bozo better lose that smirk, and quit clicking his pen, thus displaying his arrogance.

I want Casey to wear prison garb, and I'll bet that Cindy will chew gum in defiance. I would also LOVE to have the judge reset the trial to an earlier date.

Hi joyewils. It will certainly be a changed courtroom. I don't think Casey should be permitted to wear street attire either. Cindy always has her water bottle in tow as well.

Guess who won't be at the hearing come Friday??????

Criminal Murder Case Docket Update:

Events & Orders of the Court
04/20/2010 - Notice of Provision of Supplemental Discovery

04/20/2010 - Order of Recusal and Order of Reassignment

04/23/2010 - Notice of Unavailability from Jose Baez

Snaz, where can I read the last notice of unavailability of Bozo?