RE: Update on Trayvon Martin case (Full Version)

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tazzygirl -> RE: Update on Trayvon Martin case (10/13/2012 11:11:51 AM)

A hanging Judge. Should be interesting to watch what the jury does with this case.




Raiikun -> RE: Update on Trayvon Martin case (10/13/2012 11:19:27 AM)

I wonder if she'll actually still be the judge by the time the Dennis hearing happens. Diana Tennis reported not long ago that Nelson was due for reassignment in January so the case will have to be passed on again.




tazzygirl -> RE: Update on Trayvon Martin case (10/13/2012 12:21:35 PM)

Isnt she running unopposed? Why would she be reassigned?

http://twitter.com/JeffWeinerOS/status/241554626015543296




Raiikun -> RE: Update on Trayvon Martin case (10/13/2012 1:24:32 PM)

I don't know. You can see for yourself how Diana responded about her sources; I don't know what she knows.




tazzygirl -> RE: Update on Trayvon Martin case (10/13/2012 1:35:37 PM)

Would think Jeff would have some inside tracks as well. Doubt she is going anywhere.




Raiikun -> RE: Update on Trayvon Martin case (10/13/2012 5:16:20 PM)

Eh, I dunno.

Anyway, my prediction still pretty much remains what it was since Lester was still on the case. Motion to dismiss gets denied but then overturned on appeal (as with the Stieh decision).




tazzygirl -> RE: Update on Trayvon Martin case (10/13/2012 5:57:39 PM)

A case with witnesses?




Raiikun -> RE: Update on Trayvon Martin case (10/13/2012 6:05:55 PM)

Yep.




tazzygirl -> RE: Update on Trayvon Martin case (10/13/2012 6:14:34 PM)

Dont see how that would be applicable here.




Raiikun -> RE: Update on Trayvon Martin case (10/13/2012 6:16:08 PM)

I don't see how it wouldn't.




tazzygirl -> RE: Update on Trayvon Martin case (10/13/2012 6:18:32 PM)

http://statecasefiles.justia.com/documents/florida/second-district-court-of-appeal/2D09-3158%20co.pdf?ts=1323891316

May want to read it for yourself.




Raiikun -> RE: Update on Trayvon Martin case (10/13/2012 6:21:16 PM)

I have. More than once. I've quoted it in the past.




Raiikun -> RE: Update on Trayvon Martin case (10/13/2012 6:23:39 PM)

It was the State's burden to overcome Stieh's theory of self-defense and prove beyond a reasonable doubt that Stieh was not acting lawfully when he stabbed the victim. See Behanna, 985 So. 2d at 555. As noted by this court in Jenkins, HN7"self-defense cases are intensely fact-specific." 942 So. 2d at 916. But where the evidence " 'leaves room for two or more inferences of fact, at least one of which is consistent with the defendant's hypothesis of innocence, [it] is not legally sufficient to make a case for the jury.' " Fowler, 921 So. 2d at 712 (quoting Fowler v. State, 492 So. 2d 1344, 1348 (Fla. 1st DCA 1986)).





Raiikun -> RE: Update on Trayvon Martin case (10/13/2012 6:28:23 PM)

Here, although there was conflict among the
testimony of the victim, Flaherty, the victim's girlfriend,
and Stieh, the conflict was relatively minor and did not
rebut or otherwise foreclose Stieh's theory of innocence.
Therefore, the trial court should have granted Stieh's
motion for judgment of acquittal.

Reversed and remanded for discharge.




tazzygirl -> RE: Update on Trayvon Martin case (10/13/2012 6:29:04 PM)

Here, although there was conflict among the testimony of the victim,
Flaherty, the victim's girlfriend, and Stieh, the conflict was relatively minor and did not
rebut or otherwise foreclose Stieh's theory of innocence. Therefore, the trial court
should have granted Stieh's motion for judgment of acquittal.

Reversed and remanded for discharge.


I do not see how this can be applied to Z's case.




Raiikun -> RE: Update on Trayvon Martin case (10/13/2012 6:33:46 PM)

It seems extraordinarily obvious to me how it would apply.




tazzygirl -> RE: Update on Trayvon Martin case (10/13/2012 6:36:25 PM)

Oh then please do explain how a case with witnesses can apply to a case with none.




Raiikun -> RE: Update on Trayvon Martin case (10/13/2012 6:39:14 PM)


quote:

ORIGINAL: tazzygirl

Oh then please do explain how a case with witnesses can apply to a case with none.


See Fowler, as quoted in Stieh. No witnesses in that one; it was overturned for the same reason Stieh was.




tazzygirl -> RE: Update on Trayvon Martin case (10/13/2012 6:47:06 PM)

Mark A. Fields appeals his convictions of burglary with a firearm with a battery,
aggravated assault with a firearm, and criminal mischief. Fields argues that the trial
court erred by (1) instructing the jury that he was required to prove his claim of selfdefense beyond a reasonable doubt, and (2) denying his motion for new trial in light of 2
newly-discovered evidence. We agree that the self-defense instruction was
fundamentally flawed and reverse. As a result, we need not address the second issue.


also there was a witness....

Not surprisingly, Fields’s version of events differed markedly. Fields testified that
the incident started when Desormo knocked Conrad off a bar stool. Desormo then
struck Fields, knocking him unconscious. When Fields regained consciousness, he saw
Conrad on the floor being punched by four or five people. Fields then ran to his truck,
retrieved his shotgun, and returned to the bar to defend Conrad. Fields testified that he
was again knocked unconscious when someone hit him in the back of the head. The
next thing that Fields remembered was being told by a police officer that he was under
arrest. Another witness corroborated Fields’s version of events. Conrad did not testify.


This case was reversed based upon a bad jury instruction.




Raiikun -> RE: Update on Trayvon Martin case (10/13/2012 6:54:44 PM)

That changes nothing. See Fowler, in which there were no witnesses and was overturned for the same reason Stieh was.




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