Attorney Katie Cherkasky Discusses the Tiffany Moss Verdict 04/29/19

TL;DR

Tiffany Moss has been found guilty on six counts and is now facing the penalty phase of her trial, where the death penalty is being considered.

Transcript

this is almost like watching TV unfold because there's no downtime here we have a verdict a guilty verdict on six counts against Tiffany Moss and we're not even taking a commercial break here we're going right into the penalty phase and this same jury which is a death qualified jury is gonna start to work on now what may be the toughest part of the... Read More

Key Insights

• 😃 The appellate court review is the biggest obstacle to the prosecution in receiving a fair trial.
• 🧍 The defense counsel may have limited standing to interfere in the penalty phase of the trial, as Tiffany Moss has chosen to represent herself.
• ❓ Tiffany Moss's decision not to put on a defense may affect the jury's perception and decision during the penalty phase.
• 🧑‍🏭 The prosecutor is taking a measured approach and relying on the egregious facts of the case to present a compelling argument for the death penalty.
• 🗯️ The judge is ensuring that Tiffany Moss understands her rights and choices during the penalty phase.
• 🧔‍♀️ The jury, made up of six men and six women, is tasked with deciding whether Tiffany Moss should receive the death penalty.
• 🫵 The jury's decision may be influenced by their personal views on the death penalty, despite being death qualified.
• 🖤 Tiffany Moss's choice to represent herself and her lack of participation in the trial may impact the jury's decision.

Questions & Answers

Q: Why is the judge concerned about the appeal process?

The judge wants to ensure that all procedures and actions taken during the trial, especially in the penalty phase, meet the stringent criteria required in a death penalty case, as the appellate courts will closely scrutinize the proceedings.

Q: What impact does Tiffany Moss representing herself have on the jury decision?

It can be seen as either Tiffany Moss asking for the death penalty or as a sign of her mental instability, leading the jury to consider the cruelty of imposing such a sentence.

Q: How does the prosecutor approach the penalty phase?

The prosecutor aims to be measured and informative about the law and the specific requirements for a death penalty, avoiding excessive emotional appeals to ensure that the verdict withstands scrutiny on appeal.

Q: How does the starvation cause of death impact the torture element needed for a death penalty?

The prosecution needs to prove that Tiffany Moss intentionally tortured the victim and that reasonable minds could consider prolonged starvation as torture, rather than just severe neglect.

Summary & Key Takeaways

• Tiffany Moss has been found guilty on six counts and the penalty phase of the trial is starting immediately.

• The judge is concerned about the appeal process and ensuring a fair trial, as the biggest opposition to the prosecution is the potential appellate court review.

• Tiffany Moss has chosen to represent herself, and despite stand-by attorneys, they have limited standing in the penalty phase.