Here we go again – Arizona
Well hello my friends. Been a while hasn’t it? Since it has been so long since Stabby was convicted of first degree pre-meditated murder with mitigating factors. Since eventually there is going to be a penalty phase retrial, I thought there were some things that we should discuss.
First, I wanted to cover some things that some of you may not know. I have seen a bunch of things thrown around the internet about what the terms ex-parte, prima fascie etc mean and so far, they have all been wrong. In the interest of everyone being on the same page I thought it might be prudent to define these things so that everyone knows what they mean. I am sure there are lots that do, but cruise any internet site that talks about this trial and you will discover there are oh so many that think they do, WILL TELL YOU IN ALL CAPS that they do, but they don’t. Because I don’t want a bazillion people saying “that’s not what it means Kelly, first yes, it does, and secondly all definitions are from the legal dictionary instead of my own words.
ex-parte – An ex parte judicial proceeding is conducted for the benefit of only one party. Ex parte may also describe contact with a person represented by an attorney, outside the presence of the attorney. The term ex parte is used in a case name to signify that the suit was brought by the person whose name follows the term.
In Limine – Latin for “at the threshold,” referring to a motion before a trial begins. A motion to suppress illegally-obtained evidence is such a motion
Amicus Curiae – Latin for “friend of the court.” A lawyer who assists the court during the course of a hearing, to represent a position or interest, usually at the court’s request
Habeas Corpus – A court order used to bring a person physically before a court in order to test the legality of the person’s detention. Usually, it is directed to the official or person detaining another, commanding him to bring the person to court for the judge to determine if that person has been denied liberty without due process of law
Peremptory Challenge – The rejection of a prospective juror by the attorneys in a case, without having to give a reason. State law defines the number of peremptory challenges available.
Pro Se – A Latin phrase meaning for “yourself”–representing yourself in any kind of case
Subpoena Duces Tecum – A legal paper requiring someone to produce documents or records for a trial
Voir Dire – “To speak the truth.” The process of questioning prospective jurors or witnesses about their qualifications
Prima Facie – Latin, On the first appearance.] A fact presumed to be true unless it is disproved
Hope everyone finds these terms helpful during the penalty phase retrial. I know that Stabby has it firmly in her mind that she is getting a new trial for some reason but please remember this is penalty phase only. She is a convicted murderess. I don’t know why she doesn’t get that and we will be discussing it in further detail over the next couple of weeks. I am putting some stuff together and will be back with you soon.