Casey Anthony: Probation Order To Return To Florida Challenged By Attorneys

Casey Anthony's legal team has filed an emergency motion for a hearing to "quash, vacate and set aside" a recent court order requiring Anthony to return to Florida by Thursday and report to an Orange County probation officer.

Anthony's lawyers say she shouldn't have to return to Florida because she already served probation -- and they claim they have the paperwork to prove it.

A copy of the motion provided to The Huffington Post by the Orange County Courthouse calls Judge Stan Strickland's Monday order a "violation of [the] defendant's due process and a violation of double jeopardy."

The amended probation order issued by Strickland -- who was slated to be the judge at Anthony's recent murder trial but stepped down because he was friends with a blogger covering the case -- stems from a guilty plea she entered in January 2010 on felony check fraud charges. Anthony admitted she stole a checkbook from former friend Amy Huizenga and wrote five checks totaling $644.25. Anthony was credited for time served and placed on probation.

• Casey Anthony Personal Photos

• Anthony's Attorney Denies She's In Talks With Pornographer

• Casey Anthony Extended Coverage

On July 5, a jury of seven women and five men acquitted Anthony, 25, of killing her 2-year-old daughter Caylee. Credited with good behavior and time served, Anthony was released from prison on July 17.

Department of Corrections officials apparently misinterpreted Strickland's initial order to mean Anthony was to serve her probation in jail. The judge now says he intended for Anthony to go to supervised probation upon her release.

Emergency Motion for Hearing to Quash, Vacate and Set Aside Court's Order in the State v Casey Anthony case

The terms of Strickland's recent order state Anthony must report to the probation department within 72 hours, pay $348 in court costs and $20 a month for probation supervision. She is barred from any contact with Huizenga, whose checkbook she admitted to stealing, and is not allowed to leave Orange County without permission from her probation officer.

But, according to the Department of Corrections, Anthony has already served her probation. In a letter dated Jan. 25, 2011, the department released Anthony from her probation.

"You are hereby notified that you completed your terms of supervision on 1/24/2011 ... and are no longer under the supervision of the Department of Corrections," the letter states.

In the emergency motion, Anthony's legal team said Strickland was disqualified from overseeing her case in April 2010 and accuses him of showing "unbridled prejudice" by participating in the "tabloid entertainment program 'Nancy Grace,' in which he expressed his 'shock' with the defendant's acquittals."

A court date to settle the probation dispute has not yet been set.

WATCH:

CASEY ANTHONY PERSONAL PHOTOS:

• Casey Anthony Personal Photo

  The bombshell trial of Casey Anthony captivated the nation's attention. The Florida mother, pictured in this photo from her Photobucket.com account, was found not guilty of murdering her two-year-old daughter, Caylee.

• Casey Anthony Personal Photo

  Amidst all of the hoopla surrounding the trial, some of Casey Anthony's personal photographs were released. Several of Anthony's photographs were used as evidence.

• Casey Anthony Personal Photos

  Prosecutors alleged that Casey Anthony killed her daughter, then misled authorities who were searching for the toddler. But her attorneys insisted that Caylee drowned in the family's swimming pool. The defendant's lawyers claimed that after years of abuse, Casey Anthony felt unable to reveal the truth.

• Casey Anthony Personal Photos

  Prosecutors attempted to cast Casey Anthony as a party girl -- revealing that she took part in a "Hot Body" contest just four days after she claimed her daughter drowned in her family's pool.

• Casey Anthony Personal Photos

  Lawyers showed jurors photos of Casey Anthony partying, like this image, which was posted on the defendant's Photobucket.com account.

• Casey Anthony Personal Photos

  Casey Anthony reportedly told investigators that her daughter had been kidnapped by a nanny, but during the trial her attorneys claimed the child drowned.

• Casey Anthony Personal Photos

  One question that remains unanswered is the identity of Caylee Anthony's father. Casey Anthony reportedly told friends that the child's father was a "one night thing."

• Casey Anthony Personal Photos

  But her lawyers have floated a theory involving incest. Casey Anthony's attorneys pressed an FBI witness to tell jurors that the agency conducted a paternity test on the defendant's brother, Lee Anthony. The test came back negative.

• Casey Anthony Personal Photos

  Investigators also conducted a paternity test on Casey Anthony's father, George Anthony, which also came back negative.

• Casey Anthony Personal Photos

  Tests also revealed that Jesse Grund, a man Casey Anthony once dated, was not Caylee Anthony's father.

• Casey Anthony Personal Photos

  Casey Anthony's family said they knew something was amiss when they detected a foul odor coming from the back of the defendant's car in July, 2008.

• Casey Anthony Personal Photos

  The trunk of the car actually contained a bag of trash, but prosecutors claimed that Caylee Anthony's body decomposed in the rear of the vehicle before it was moved to another location.

• Casey Anthony Personal Photos

  An insect expert for the defense stated that the body didn't decompose in the car because there wasn't any evidence of bugs that are often attracted to remains.

• Casey Anthony Personal Photos

  Caylee Anthony's remains were discovered near the family's home in December, 2008.

• Casey Anthony Personal Photos

  Prosecutors alleged that Casey Anthony killed her daughter by placing duct tape over her mouth. Duct tape was discovered wrapped around the todder's skull when the child's remains were recovered.

• Casey Anthony Personal Photos

  Casey Anthony was indicted on October 14, 2008, on charges of first-degree murder.

• Casey Anthony Personal Photos

  The Casey Antony trial became the year's biggest legal event. Spectators lined up every morning to get tickets to the trial. In one case, attendees got into a fistfight over access to the courtroom.

• Casey Anthony Personal Photos

  The case became one of the most monumental trials in Florida's history.

• Casey Anthony Personal Photos

  Some photos of Casey Anthony and Caylee Anthony were classified as evidence.

• Casey Anthony Personal Photos

  Jury selection for the Casey Anthony trial began on May 9, 2011.

• Casey Anthony Personal Photos

  Alongside capital murder, Casey Anthony was also charged with aggravated child abuse, aggravated manslaughter of a child and misleading law enforcement in the case of the death of her daughter, Caylee Anthony.

• Casey Anthony Personal Photos

  The prosecution sought the death penalty.

Comments

[stripedbass7]

11:25 PM on 08/16/2011

The Media & Tabloids Burned Patsey Ramsey at the stake, For ratings. The F.B.I. & The detectives in Colorado, Cleared Ramsey LONG AGO. DNA on jon benet, matched NOONE in the Family...... 2 Sets of Footprints in the basement, where suspect was Believed to have entered, not linked to any Family Or friends..... Loads of evidence, Initially Overlooked, Not linked to any known Suspect....... Yet most of america & the world Believes she killed her own daughter............ If Your looking For FACTS, GOOGLE what was Lost, Stolen, Or GONE MISSING, During the Bush Administrations Term. Served on a platter for the next Admin. Bush was " The American Mistake"

[Karen StovallStringer]

10:30 AM on 08/11/2011

This is so disgraceful. We have a judicial system, warts and all, it's the best in the world. I love it. I'm proud of it. Casey had 12 jurors say "not guilty." I'm proud of those 12 jurors. They've been brow-beaten, they have been hounded after they performed their civic duty for us. For our Constitution. For our Bill of Rights. God bless America.

What is happening right now is that Nancy Grace is running out of fodder for her TV show ratings. So .. . she and Judge Strickland (who was disqualified) appear to be trying for an end run around the judicial system. The same system that protects US from double jeopardy. This woman has been acquitted! Leave her alone and look for a new brass ring to grab to pull us by the noses so you can get your ratings up. I'm disengaging my nose. I'm boycotting Nancy Grace's show. I'm proud to be an American.

[Weebitt]

02:31 PM on 08/10/2011

Casey Anthony had better start selling it , she owes the state of Florida alone $517,000.00 and more to come.

[very interested]

10:33 PM on 08/09/2011

ok, I'm going to post new... Sky I personally think has been mis-judged. He has tried to post without prejudice. His comments are taken out of context. He has tried to be even handed and has been dealt an uneven hand. I believe in much of what Sky has offered.

[moondawg95]

12:31 PM on 08/18/2011

Very - There was no link to the post you left me & just saw this. As far as Sky goes, I have no problem with his opinion, he has his & I have mine. There are things I agree with him on, but I do however find his way of posting very rude & degrading more than not. I told him I would no longer respond & if he cared to go on responding to mine, so be it, but I'm finished & wished him the best in life. People should be able to agree, to disagree & be mature about it.

[very interested]

12:58 PM on 08/18/2011

And I couldn't agree more. I enjoy civil discourse but sometimes find myself responding out of my true character. "Self control" I've posted before that I've been told in regard to emails; to write them, walk away, come back later and read them before sending. I don't, consequently my foot often feels its rightful place is in my mouth! (sorry I don't recall a post with link? if you remind me where and when I'll try again). As far as Sky, in my view his demeanor has changed greatly over the past 6 weeks.

[White Dalia]

07:55 PM on 08/09/2011

She did it...and got away with it.. But some people are making her out to be a celebrity.. SMH in disgust. what about her daughter Caylee?

[patty a]

09:44 AM on 08/10/2011

It is sad but don't believe for one minute she got away with it. She will still have to stand before God and be judged at some point. Just can't get over how many children are losing their lives and not getting the justice they deserve through the courts.

[susieq0408]

07:46 PM on 08/09/2011

Happy 6th Birthday Sweet Caylee... wish you were here.

[jcp1740]

06:23 PM on 08/09/2011

This whole scenario over Casey Anthony having to report to probation is a viloation of due process and indeed double jeopardy. Judge Stricland failed to get the job done right from the get go,was removed from the case because of his ties with certain individuals i won't mention thus his removal prevented him from kangarooing Casey Anthony to a death chamber like he wanted from the beggining. Now the cry baby is attacking casey Anthony again on a probation that she already served and was signed off from.The District Attorney doesn't even want any part of this illegal socialist tactic. we have enough socialism coming out of the white house,we don't need it in our court rooms too.It's time to let go of the bitterness over the Jury finding Casey Anthony Not Guilty and get on with our lives and let the trial be a thing of the past. agree or dis agree with the outcome ,it's final and casey Anthony is a free woman and should be allowed to live her life in peace.nobody has to love her or support her, just leave her alone. probation will bring her back to Orlando,leave her where she is.Stricland you need to get a real life and read the" bill of rights".

[kingjohn1956]

05:57 PM on 08/09/2011

F-- -- --k Casey TODAY IS CAYLEE ANTHONY'S BIRTHDAY. GOD BLESS YOU CAYLEE

[Laurie Barriger]

03:32 PM on 08/09/2011

I think she should have to come back to Fl to deal with whatever needs to be dealt with,because everyone knows you can't really serve probation in jail while you're in there for something else. She has gotten away with so much shit it's not even funny,so get her out of Ohio and bring her back to take stand for the other things her attorneys are trying to get her out of. I can't wait for the repercusion of all the things she got away with. God will get justice done right. Not like our crooked justice system!!

[RedDonnaAnn]

01:13 PM on 08/09/2011

I never understood why she was allowed to leave Fla to begin with. Isn't she going to have to be around for the subsequent trials: misleading law officers, spending of public funds on a known fraudulent claim. etc? I don't get it.

[pwwtwo]

09:57 PM on 08/09/2011

I agree with you completely, Red! The law in Florida seems to be really slack these days. I don't understand why her mother wasn't arrested for perjury. Is that not against the law in Fla. anymore. I have a 24 year old daughter. She is not married and does not have children, but she is in a relationship and has been for 5 years. I'm a school teacher and was very upset when she dropped out of college, but I can't make her go. If she had a child, that went missing like little Caylee, it would not take me 19 days to start asking questions, especially if she lived with me!! I'm just saying, something is very wrong in Florida.

[policy5]

03:52 AM on 08/08/2011

this week ought to be interesting. wonder what huff post thinks about all this

[IamYourDrillThrall]

07:48 AM on 08/08/2011

When do you think Judge Perry will make his decision? I've heard Wednesday...

[audioenhanced]

12:24 PM on 08/08/2011

Looked on the internet, just says"later this week".

[policy5]

05:03 PM on 08/08/2011

I heard Wednesday too, but who knows with this case nothing should surprise

[The Amazing Talking Ape]

03:09 AM on 08/08/2011

So I was moderated huh? Okay. I will try it this way.

Lying about someone in print is called libel. Nearly every statement by Casey Anthony's friends at the start of this travesty of justice reflected that she had always interacted appropriately with her daughter while in their presence, as I recall. A great many of the photographs of Caylee and Casey show them playing and smiling. The jury found beyond a reasonable doubt that she did not abuse her child. The state stipulated that the black eye in some of the photographs came from an innocent accident. Any court will have to take judicial notice of the things proven in the criminal trial and your burden will be to prove that you did not lie about Casey Anthony to defame her (or about her attorneys to defame them). Good luck with that....

[policy5]

04:21 AM on 08/08/2011

doesn't it make you wonder tho, why there was no reporting of the baby missing for so long?

[moondawg95]

05:07 AM on 08/08/2011

Don't we all wonder about that!

[jordanbaby10]

02:09 AM on 08/09/2011

The jury did not find beyond a reasonable doubt that she was innocent...they did not find her guilty beyond a reasonable doubt......quite a difference there.

[moondawg95]

03:04 AM on 08/09/2011

Maybe that's you opinion, but we both know that's not shared by everyone...LOL

[Juda Farmer]

04:45 PM on 08/09/2011

Im sorry, but the jury DID decide beyond a reasonable doubt that she was not guilty. You can twist that any way you want to make you feel right, but the fact remains 12 people (peers) judged her innocent. If they had reasonable doubt of her innocence, she would still be in jail.

Since when is our system based on Guilt by Reasonable doubt? I suggest you take a civics class and learn something about Law, before you start creating differences in it.

[jordanbaby10]

01:42 AM on 08/08/2011

I'm so sick of hearing about the 'lynch mob mentality' We have rights to our opinions....we aren't out in Orlando ( or anywhere else) running through the streets with torches screaming find her..

[moondawg95]

02:04 AM on 08/08/2011

Not according to the "caseycultist"....LOL

[IamYourDrillThrall]

07:49 AM on 08/08/2011

Please.....ssshh..mabye we will be lucky and he won't post today.

[RedDonnaAnn]

01:20 PM on 08/09/2011

Dude. What's with all the LOL. It's in every one of your posts and, honestly, this topic isn't funny.

[moondawg95]

03:09 AM on 08/09/2011

Jordan - I think they should put one more link at the top.
View All --- Friends --- favorites --- You Know Who
What do you think? It'd be quicker LOL

[jordanbaby10]

11:43 PM on 08/09/2011

LOLOLOLOL, Moon.

[excab2]

04:30 PM on 08/07/2011

Always those get it for free deals. Bet some of her BF's have pics they would love to share for a share of the loot!

Why would anybody want to see the body of a woman who is widely believed to be a cold blooded killer of her own two year old baby?

Morbid curiosity? Like, is she an alien? Could a baby really have come out of her?

Bonding never happened here. Caylee was Casey's worst nightmare as she presented a clear and present danger with the competition for the attention from her parents.

Then, please, what is wrong with them? Always showering this baby with love which truly belongs to me and me alone. Just so much of that I can tolerate without going nuclear.

Sure, I said I had a job just to get them off my back. They thought I was gonna cozy up and play mommy; but, I had my BF's and other plans and things to do.

I will give it to my legal team and the woman who signed that release from "probation served". They were the cream of the crop.

[IamYourDrillThrall]

07:51 AM on 08/08/2011

excab2: I've been looking over your posts. You write in a strange fashion...and always, after your opening line or 2 or 3, you begin talking in 1st person, as if you ARE Casey.

Well...come out, come out, wherever you are: Are you Casey Anthony?

No snark here, no offense intended, but your posts are...well...odd.

[Quest2011]

08:51 AM on 08/08/2011

That is a good point

[excab2]

12:03 PM on 08/08/2011

No. I am not Casey Anthony. Thank God for that. Who on the face of the planet would trade places with her?

Don't think Casey has time in her busy schedule to be inputting posts here. Probably out figuring where she can move to live in peace and harmony.

That probation thing is really beyond the pale. Not interested in wasted time on that stuff.

Well, that is after she gets her hands on the money they pretty much promised would be raining down on her head.

[The Amazing Talking Ape]

07:22 AM on 08/07/2011

The reason that you can be sued for statements related to child abuse and child neglect is because they are necessarily what are known as "lesser included offenses" in the aggravated child abuse charge that was adjudicated by the jury. That means that Casey Anthony has prima facie evidence of the untruth of the assertions to a greater degree of certainty than that which is needed in a civil case (a preponderance of the evidence). That being the case, she would only have to show what you have written and the court transcript on her aquittal.