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Why Casey Anthony's Probation Appeal Was Denied

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By Stephanie Rabiner, Esq. on August 24, 2011 11:58 AM

Casey Anthony's probation appeal was denied Tuesday as the "Most Hated Person in America" was ordered to appear at the Department of Corrections by noon on Friday.

Florida's 5th District Court of Appeal tersely shot down arguments made by the defense team, affirmatively ruling that Casey Anthony did not serve one year of probation for her check fraud conviction while behind bars awaiting trial.

The court was also none too pleased she was trying to take advantage of an administrative error.

For those not following the story, the administrative error resulted in paperwork stating that Casey Anthony's probation could be served in jail.

However, the judge presiding over her check fraud case affirmatively stated in open court that she was to serve probation after her release.

The Department of Corrections acted on this error (which was unknown to its staff) and concluded that Anthony served probation while incarcerated. 

But the appeals court found that the DOC's determination cannot trump the judge's pronouncement, reports the Orlando Sentinel. Put another way, the DOC doesn't have the power to override a judge's order even if done in good faith.

And because Anthony did not serve the probationary term ordered by the judge, the court further concluded that the Constitution's protection against double jeopardy does not apply in this instance.

Keep in mind that the court's decision has nothing to do with an inability to serve probation while incarcerated, as there are procedures and policies in place for jailed persons not serving a sentence.

Instead, the denial of Casey Anthony's probation appeal is based on the fact that she couldn't have possibly complied with the judge's order while in jail.

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