Casey Anthony Appealing Probation

Lawyers cite double jeopardy clause
By Rob Quinn,  Newser Staff
Posted Aug 16, 2011 4:24 AM CDT
Casey Anthony Appealing Probation
Casey Anthony weeps in a courtroom of the Orange County Courthouse after she was found guilty on six counts of check fraud early last year.   (AP Photo/Red Huber, Pool)

Casey Anthony's lawyers are fighting a judge's ruling that would bring her out of hiding and back to the Orlando area to serve a year's probation for a check-stealing conviction. She was allowed to serve the probation while in jail awaiting her murder trial, but the the judge who presided over the check trial now says that was because of a courtroom clerk's mistake, ABC reports. The probation order has been updated to include the words "upon release."

Anthony's lawyers argue that forcing Anthony to serve the same sentence twice not only violates her constitutional rights, it will put her in danger because she has received death threats since her acquittal. They describe the changed probation order as "a fraudulently filed product of a previously disqualified judge," noting that the judge who issued it presided over Anthony's murder case until he withdrew after her defense labeled him a "self-aggrandizing media hound." (Read more Casey Anthony stories.)

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