How Can Jose Baez Be Lead Lawyer in the Casey Anthony Case -- No Death Qualified Attorney Has Been On the Record Since Terry Lenamon Left

Back in January, I was flabbergasted when I learned the limited experience that Jose Baez had -- and here he was, lead counsel in the Casey Anthony case. Back then, I wondered about ineffective assistance of counsel claims (you can read that post here).

Then, today, I learn that Jose Baez is filing a Motion to Transfer Venue - and his spokesperson has told the media that afterwards, he will have a press conference. Of course he is.

Meanwhile, fellow "Dream Team" attorney Linda Kenney Baden has been up in New York City, appearing on the Today Show and telling everyone how the local media has been sooooo biased, but the national media has been so NOT.

Please. Does this woman watch Nancy Grace? I do. Most folk at Nancy Grace aren't discussing the issue of whether or not Casey Anthony killed her daughter, they're talking about how strong the state's case is and whether or not Casey Anthony will get the death penalty - and they're looking carefully at all the new document dumps as they occur. (There was another one last Friday.)

There's No Big Diff in the Media Coverage

My first point: there is no significant distinction to be made between the local media and the national media in how the Casey Anthony case is being portrayed. That's hooey.

And, now, my second point. And it's much bigger.

Terry Lenamon Posted Florida Rule on Death Penalty Qualified Attorneys

I was over at Terry Lenamon's blog (he was the attorney last fall who argued for Casey Anthony and got the death penalty off the table for her) and he's building a big blog all about the death penalty -- both in Florida and across the country. Lots of stuff about capital punishment.

(As a side note, Lenamon's picked up on our illustrious Chief Justice Sharon Keller over here, but that's a different post for a different day. We're all so very proud here in Texas.}

And Terry Lenamon has put the entire Florida rule on what attorneys can represent defendants who are facing the death penalty. Appointed or Retained. And, Florida is pretty darn strict on which attorneys get to take on this job.

And here's the big scoop that I'm shocked no one is discussing....no one on the Casey Anthony Legal Team Meets the Florida Legal Standard

There is absolutely NO ONE on the Casey Anthony legal team, as far as I can tell, that has these qualifications. Lenamon did, but he isn't currently on the "Dream Team."

Neither Jose Baez or Linda Baden meet this statute. Go read it for yourself.

I think this creates a great argument that there is a Due Process violation here.

Think about it. Jose Baez filed a major request with the court today -- a venue challenge. Big deal in any case, MAJOR big deal in this one. Does he have legal authority to act? Looks questionable, given the statute.

Is this ineffective assistance of counsel? Mebbe. Bigger argument, I think: Casey Anthony's due process rights are being violated if she's been represented outside of the Florida qualification statute.

Think of the appeal, assuming she's found guilty.

Lawyer without the necessary - and mandatory - legal prerequisites makes major decisions and files key motions (like the venue request) in a death penalty case.

First argument, it's due process as a matter of law because the Florida statute wasn't met. Second argument, it's due process under the facts of the case because this unqualified attorney made flawed decisions during the course of Casey Anthony's case that have irreparably harmed her.

More on this later. I'm just fuming.

And that was even BEFORE I read all about how it took 8 years for Jose Baez to get a bar license with the State of Florida.

Ye Gads. Why the heck isn't Terry Lenamon -- who is death qualified -- on this Casey Anthony case?

I am not a Florida attorney, nor am I a criminal defense attorney. But I do know a little about the 8th and 14th Amendments to the US Constitution, I can read a statute, and I'm thinking I have a real and valid concern here.

Wish Terry Lenamon could talk about this.

Ted Nugent Playing the National Anthem In Front of the Alamo

Ted Nugent performed the Star Spangled Banner in front of the Alamo for the San Antonio Tea Party today.

It's amazing guitar ... reminded me of when I first heard Peter Frampton, but Ted Nugent's not using any gizmo here. He's just playing.

US Supreme Court's April 1st Dismissal in Philip Morris v Williams Is No Joke

There's been a lot of discussion and commentary on the US Supreme Court's knee jerk dismissal of the Oregon case involving tobacco giant Philip Morris and the huge punitive damage award granted to plaintiff Mayola Williams, which had already been approved by Oregon's high court.

In case you haven't heard, Mayola Williams filed and won a wrongful death suit based upon the untimely demise of her cigarette-smoking husband, Jesse Williams, due to lung cancer. Actual damages totalled around $800,000 and the punitives were assessed at $79.5 million -- at the juncture, what with interest, the widow Williams is looking at receiving over $175,000,000.00.

Of course, the defense bar had its fingers crossed that the US Supreme Court would take this opportunity to cap punitive damages. What they got, on April 1st, was a one sentence opinion from the highest court in the land, that it had "improvidently granted" writ in the case and had now changed its mind. Wo Nellie.

Which leaves the Oregon Supreme Court's decision intact, the Widow Williams ready to receive her final award, and the plaintiff's bar a very happy group of folk today.

Because despite all the defense talk that this case is limited to its four corners, it isn't. And, that argument that what happens in Oregon stays in Oregon won't fly either.

We all already know that other big damage cases in other states are going to use this case as a strong argument that the US Supreme Court has sent the message: in the right case, big punitives are totally acceptable.

And, you know what: I think they're right to do this. Punitive damages serve a purpose, and I think we can all agree in today's climate that money is the only language that some corporations understand.

Read Justice Sharon Keller's Response to the Judicial Commission

Justice Sharon Keller, through her Jackson, Walker lawyer, has filed a response to the claims pending against her at the Texas Commission on Judicial Conduct. You can read it here.

And, you can read some very good arguments regarding Justice Keller's written response (especially her request that the State of Texas pay for her attorneys' fees) here:

Houston attorney Mark Bennett's Defending People

The New York Times' blog The Lede

It's Even Funnier When You Read It ....

Saturday Night Live has apparently scoured the internet, grabbing videos of its various sketches with all sorts of copyright claims, whereever it can.

So, tonight, when I stumbled upon the written script for Phil Hartman's Caveman Lawyer (remember him), I stopped to read it.

And, if you're a lawyer -- you gotta read the closing argument here. It's even funnier in print.

Here's the link:
http://snltranscripts.jt.org/91/91gcaveman.phtml