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


Posts: 37833
Joined: 10/12/2007
Status: offline 		A hanging Judge. Should be interesting to watch what the jury does with this case.

_____________________________

Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

(in reply to Raiikun)
Profile   Post #: 1001
RE: Update on Trayvon Martin case - 10/13/2012 11:19:27 AM   
Raiikun


Posts: 2650
Status: offline 		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.

(in reply to tazzygirl)
Profile   Post #: 1002
RE: Update on Trayvon Martin case - 10/13/2012 12:21:35 PM   
tazzygirl


Posts: 37833
Joined: 10/12/2007
Status: offline 		Isnt she running unopposed? Why would she be reassigned?

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

_____________________________

Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

(in reply to Raiikun)
Profile   Post #: 1003
RE: Update on Trayvon Martin case - 10/13/2012 1:24:32 PM   
Raiikun


Posts: 2650
Status: offline 		I don't know. You can see for yourself how Diana responded about her sources; I don't know what she knows.

(in reply to tazzygirl)
Profile   Post #: 1004
RE: Update on Trayvon Martin case - 10/13/2012 1:35:37 PM   
tazzygirl


Posts: 37833
Joined: 10/12/2007
Status: offline 		Would think Jeff would have some inside tracks as well. Doubt she is going anywhere.

_____________________________

Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

(in reply to Raiikun)
Profile   Post #: 1005
RE: Update on Trayvon Martin case - 10/13/2012 5:16:20 PM   
Raiikun


Posts: 2650
Status: offline 		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).

(in reply to tazzygirl)
Profile   Post #: 1006
RE: Update on Trayvon Martin case - 10/13/2012 5:57:39 PM   
tazzygirl


Posts: 37833
Joined: 10/12/2007
Status: offline 		A case with witnesses?

_____________________________

Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

(in reply to Raiikun)
Profile   Post #: 1007
RE: Update on Trayvon Martin case - 10/13/2012 6:05:55 PM   
Raiikun


Posts: 2650
Status: offline 		Yep.

(in reply to tazzygirl)
Profile   Post #: 1008
RE: Update on Trayvon Martin case - 10/13/2012 6:14:34 PM   
tazzygirl


Posts: 37833
Joined: 10/12/2007
Status: offline 		Dont see how that would be applicable here.

_____________________________

Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

(in reply to Raiikun)
Profile   Post #: 1009
RE: Update on Trayvon Martin case - 10/13/2012 6:16:08 PM   
Raiikun


Posts: 2650
Status: offline 		I don't see how it wouldn't.

(in reply to tazzygirl)
Profile   Post #: 1010
RE: Update on Trayvon Martin case - 10/13/2012 6:18:32 PM   
tazzygirl


Posts: 37833
Joined: 10/12/2007
Status: offline 		http://statecasefiles.justia.com/documents/florida/second-district-court-of-appeal/2D09-3158%20co.pdf?ts=1323891316

May want to read it for yourself.

_____________________________

Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

(in reply to Raiikun)
Profile   Post #: 1011
RE: Update on Trayvon Martin case - 10/13/2012 6:21:16 PM   
Raiikun


Posts: 2650
Status: offline 		I have. More than once. I've quoted it in the past.

(in reply to tazzygirl)
Profile   Post #: 1012
RE: Update on Trayvon Martin case - 10/13/2012 6:23:39 PM   
Raiikun


Posts: 2650
Status: offline 		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)).


(in reply to Raiikun)
Profile   Post #: 1013
RE: Update on Trayvon Martin case - 10/13/2012 6:28:23 PM   
Raiikun


Posts: 2650
Status: offline 		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.

(in reply to Raiikun)
Profile   Post #: 1014
RE: Update on Trayvon Martin case - 10/13/2012 6:29:04 PM   
tazzygirl


Posts: 37833
Joined: 10/12/2007
Status: offline 		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.

< Message edited by tazzygirl -- 10/13/2012 6:30:12 PM >

_____________________________

Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

(in reply to Raiikun)
Profile   Post #: 1015
RE: Update on Trayvon Martin case - 10/13/2012 6:33:46 PM   
Raiikun


Posts: 2650
Status: offline 		It seems extraordinarily obvious to me how it would apply.

(in reply to tazzygirl)
Profile   Post #: 1016
RE: Update on Trayvon Martin case - 10/13/2012 6:36:25 PM   
tazzygirl


Posts: 37833
Joined: 10/12/2007
Status: offline 		Oh then please do explain how a case with witnesses can apply to a case with none.

_____________________________

Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

(in reply to Raiikun)
Profile   Post #: 1017
RE: Update on Trayvon Martin case - 10/13/2012 6:39:14 PM   
Raiikun


Posts: 2650
Status: offline
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.

(in reply to tazzygirl)
Profile   Post #: 1018
RE: Update on Trayvon Martin case - 10/13/2012 6:47:06 PM   
tazzygirl


Posts: 37833
Joined: 10/12/2007
Status: offline 		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.

_____________________________

Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

(in reply to Raiikun)
Profile   Post #: 1019
RE: Update on Trayvon Martin case - 10/13/2012 6:54:44 PM   
Raiikun


Posts: 2650
Status: offline 		That changes nothing. See Fowler, in which there were no witnesses and was overturned for the same reason Stieh was.

(in reply to tazzygirl)
Profile   Post #: 1020
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