An appellate court in Florida agreed with Casey Anthony's lawyers, saying that she was convicted of the same crime twice when lying to police. Retired Superior Court Judge Eugene Hyman, of Santa Clara, California says that as a general rule, when a person pleads to an offense, they are precluded from appealing any legal issues with respect to those offense. However, the exception to the rule is if part of the plea bargain allows an appeal, such as in this case.
The Florida appellate court construed the statute as saying you can only be punished for lying once per session. Hyman says that the court ultimately decided that Anthony was interviewed twice and there was sufficient time in between interviews allowing her to reflect upon whether she was going to tell the truth or not. He adds that if the interviews were held closer together, the court may have decided she could be convicted of only one count of lying. The court decided that she told multiple lies in each of the sessions but could only be punished once per session and not on the basis of per lie, under the statute.
Honorable Judge Eugene Hyman has received numerous awards and recognition for his work with families and children and has appeared on numerous television news shows. For more information, visit www.judgehyman.com. He is also a featured commentator on The Family Law Channel and The Legal Broadcast Network.