<http://schema.org/articleBody>
"Editor's Note: As ongoing extended coverage of the Casey Anthony trial, WESH 2 News legal analyst Judge O.H. Eaton Jr. is answering questions about the case. Do you have a question you would like Eaton to answer? Click here to send it via email. Please include your name and city.\nPrecedence\nDear Judge Eaton: In Thursday's sentence hearing, both sides presented different cases in order to set a precedence. Is the judge required to follow case law precedence set in place by another decision, or does he have the latitude to make his own decision? -- Luke D., Miami, Fla.The judge is bound to follow the precedents set by the appellate courts. Unfortunately, it is not that simple. Sometimes, such as this sentencing hearing, the cases cited are analogous but not directly on point. Other times, different courts come to different conclusions on the same issue. Sometimes, the federal courts get involved.  Sometimes, the only authority comes from another state, and that is persuasive and not binding. It\u0092s not easy being a trial judge. -- Judge O.H. Eaton\nFalse Imprisonment\nDear Judge Eaton: Can Casey Anthony sue the state for false imprisonment since they were not able to produce any factual evidence of the murder or accident? --  Christopher, Orlando, Fla.No. Any civil action, such as malicious prosecution, would fail because there was probable cause for her arrest. There is also the problem of governmental immunity from suit. -- Judge O.H. Eaton\nCompensation To Casey\nDear Judge Eaton: Is Casey Anthony entitled to compensation by the state of Florida for the three years spent in jail, or is that only for those exonerated from previous guilty verdicts? -- Jamie, Fort Myers, Fla.No. Compensation for wrongful conviction is addressed to the legislature -- not the courts. A civil action for damages for malicious prosecution would fail because there was probable cause for her arrest. -- Judge O.H. Eaton\nFurther Charges?\nDear Judge Eaton: Is there any way Casey can now be charged for hiding the death of a child along with improper disposal of a body of a child? What would the exact charges be, and what would be maximum sentence for these charges? You would think there would have to be some charge for? -- Tina, IllinoisNo. The double jeopardy clause of the Fifth Amendment of the United States Constitution bars any further prosecution for any charge that could have arisen out of the charges in the indictment. -- Judge O.H. Eaton\nMORE: Extended CoverageSTAY UPDATED: Casey iPhone App\n\nFederal Prosecution\nDear Judge Eaton: Many people are prosecuted both by the federal government and the state for the same crime, and this is not considered double jeopardy. This often happens with drug crimes.  Is it possible for this to happen to Casey Anthony? -- RobbieVery unlikely. Most federal crimes involve some federal interest such as interstate commerce or incidents occurring on federal land. Bank robberies and some drug crimes can be prosecuted in state and federal courts because the charges are brought by two separate sovereigns, The United States of America and the state of Florida. The federal interest in bank robberies is the fact that the banks are regulated by the federal government. The federal interest in drug cases is grounded on interstate commerce. -- Judge O.H. Eaton\nTax Monies\nDear Judge Eaton: If Casey Anthony were to profit from any book and/or movie deals, will the state of Florida try to recoup the tax monies paid for her defense?The court can tax court costs and the cost of investigation. She was found not guilty of the felony charges, so she will not have to pay the cost of investigation and trial for those charges. The lawyers who represented her did not take a dime of taxpayer money for attorney fees. The actual cost of defense depositions, expert witnesses and the like cannot be taxed because she was found indigent and was entitled to have these costs paid from public funds under the Sixth Amendment\u0092s right to counsel. -- Judge O.H. Eaton\n"^^<http://www.w3.org/2001/XMLSchema#string>
<http://www.wesh.com/article/ask-the-judge-federal-charges-court-costs/4373641>