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George Zimmerman: Self-defense hearing could dismiss death charge
Orlando Slantinel ^ | 4/11/2012 | Henry Pierson Curtis

Posted on 04/12/2012 5:17:42 AM PDT by spacejunkie2001

George Zimmerman can ask to have the second-degree-murder charge against him dropped without having to stand trial in the death of Trayvon Martin.

Two years ago, the Florida Supreme Court ruled that anyone claiming "stand your ground" immunity in a death, battery or assault case can request a hearing on the evidence.

The hearing allows the prosecution and defense to argue all the elements of self-defense in the case evidence. To get charges dismissed, the accused must convince the judge that a reasonable person would believe that using deadly force or the threat of deadly force was the only way to protect his or her life, court records show.

The state's "stand your ground" law passed in 2005 says:

"A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony."

In its Dec. 16, 2010, ruling, the state Supreme Court stated that defendants claiming self-defense are entitled to evidentiary hearings to argue that the evidence in their cases proves they had the right to protect themselves.

The most recent of these hearings in Orlando failed.

(Excerpt) Read more at articles.orlandosentinel.com ...


TOPICS: Crime/Corruption; News/Current Events; US: Florida
KEYWORDS: blackkk; florida; georgezimmerman; sanford; standyourground; trayvonmartin
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1 posted on 04/12/2012 5:17:55 AM PDT by spacejunkie2001
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To: spacejunkie2001
IF Zimmerman uses this Legal defense, believe me, he should, he can walk.

The problem for Law Enforcement now is trying to APPEASE THE BLACK MASSES WHO WANT HIM PUNISHED BECAUSE THEY DON'T CARE WHAT HAPPENED, AND IT'S "WHITEY" THAT THEY WANT CRUCIFIED.

If he (properly) is exonerated as he exercised his right to Self-Defense, the New Black Panthers will probably INCREASE the $10,000 bounty on his head, and he will be a dead man walkin'.

2 posted on 04/12/2012 5:22:48 AM PDT by traditional1 (Don't gotsta worry 'bout no mo'gage, don't gotsta worry 'bout no gas; Obama gonna take care o' me!)
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To: spacejunkie2001
Ain't going to happen,my FRiend. Zimmerman is now a sacrifice from the Republican Party to Jesse Jackson, Al Sharpton, the Black Panther Party, with the that this will show them that they are not "raceist" and the hope that they will get one Black vote.

Zimmerman's goose is cooked.

3 posted on 04/12/2012 5:22:56 AM PDT by sport
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To: spacejunkie2001

Ain’t gonna happen. There is zero change someone have the balls to do the right thing.


4 posted on 04/12/2012 5:23:05 AM PDT by snarkytart (http://www.freerepubli224%2C1)
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To: snarkytart

chance*


5 posted on 04/12/2012 5:24:03 AM PDT by snarkytart (http://www.freerepubli224%2C1)
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To: sport

I refuse to believe that Zimmerman’s goose is cooked. I hope for the best.

Martin’s mother on the Today Show this morning called the shooting “an accident.” I thought her lawyer would faint.


6 posted on 04/12/2012 5:25:58 AM PDT by miss marmelstein
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To: spacejunkie2001

Let’s have a ‘fair trial’, then we’ll hang that cracker..... Sarc..

“A handful of protesters gathered outside the Duval County Courthouse in Jacksonville, where Ms. Corey announced the charge. One of them, Linda Dawson, didn’t think the second-degree charge was strong enough.

“We’re just glad that he’s behind bars, BUT WE’RE NOT SATISFIED,” said Ms. Dawson, executive director of Hurting Families With Children In Crime, a Jacksonville nonprofit. The turnout was lighter than expected, but that was because Mr. Zimmerman was charged, Ms. Dawson said, adding, “There would’ve been a riot if they wouldn’t have arrested him.”

Aaron Brown, a civil-litigation lawyer who organized a Trayvon Martin rally last month in Jacksonville, said the case is now “justice delivered, but not yet justice served.”

http://online.wsj.com/article/SB10001424052702304356604577337892597447300.html


7 posted on 04/12/2012 5:26:58 AM PDT by KeyLargo
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To: spacejunkie2001
This is not about 1 armed citizen protecting himself from 1 physically violent thug who was trying to bash out the armed citizens brains on a curb.

it is about destroying the constitution and specifically the 2nd amendment. Nothing more...that and stimulating zer0bama base, both his racial base and the Marxist elements.

paging Saul Alinsky, paging Mr. Saul Alinsky.

8 posted on 04/12/2012 5:27:59 AM PDT by Vaquero (Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
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To: spacejunkie2001
Unfortunately, this law is seldom quoted in full. The wording given in the article is modified by:

776.041 Use of force by aggressor. —The justification described in the preceding sections of this chapter is not available to a person who:

(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or

(2) Initially provokes the use of force against himself or herself, unless:

(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or

(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.

BTW, these limitations on justified use of force apply to the entire self-defense category, not just the SYG provision. So it has exceptions and exceptions to the exceptions.

9 posted on 04/12/2012 5:28:31 AM PDT by Sherman Logan
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To: spacejunkie2001
Hope this case moves at least as slow as Col. Hassan's. We need to get through election and have Repubs in charge of Justice Department; when the 'race war' breaks out.

If Holder 'Justice' leads; every day will be 'open season'. .. We can count on it.

10 posted on 04/12/2012 5:29:22 AM PDT by cricket (. It is more than the economy. . .and Newt knows it.)
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To: sport

All the while, Zimmerman is Hispanic, most likely Democrat, and IMHO innocent of charges.


11 posted on 04/12/2012 5:29:36 AM PDT by jdsteel (Give me freedom, not more government.)
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To: hoosiermama; Cboldt

FYI


12 posted on 04/12/2012 5:31:05 AM PDT by maggief
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To: miss marmelstein
Martin’s mother on the Today Show this morning called the shooting “an accident.” I thought her lawyer would faint.

DING DING DING - AND WE HAVE A WINNER!!! MArtin's family doesn't care one iota whether Zimmerman is convicted or if he even stands trial. He has now been CHARGED in the death and as such they can now pursue an "ACCIDENTAL DEATH" civil case.

Her saying Trayvon's death was an accident was NO MISTAKE she was signalling that this is all about filing a civil suit where 'stand your ground' and 'reasonable doubt' have no bearing. All they have to do is convince 12 morons that Zimmerman 'accidentally' killed their baby boy and should pay them as a result.

13 posted on 04/12/2012 5:31:35 AM PDT by commish (Freedom tastes sweetest to those who have fought to preserve it.)
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To: Vaquero
. . .it is about destroying the constitution and specifically the 2nd amendment. Nothing more...that and stimulating zer0bama base, both his racial base and the Marxist elements.

As rope is to neck; definitely, the big picture being drawn.

14 posted on 04/12/2012 5:32:25 AM PDT by cricket (. It is more than the economy. . .and Newt knows it.)
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To: spacejunkie2001

great bodily harm to himself

that’s the key. And if he has a lawyer who didn’t get his license from a cracker jack box, that will be the end of this bad joke.


15 posted on 04/12/2012 5:35:05 AM PDT by TexasFreeper2009 (Go Newt!)
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To: commish

Very interesting!


16 posted on 04/12/2012 5:35:27 AM PDT by miss marmelstein
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To: commish
Good point; and may well be; but 'blood from a turnip' remains the challenge. Will be interesting to see fall out here; just hope it drags till after Election 2012. Holder 'Justice' places all 'law abiding' in jeopardy. . .

We must have Repubs in charge. . .and damn us all; if we don't.

17 posted on 04/12/2012 5:36:41 AM PDT by cricket (. It is more than the economy. . .and Newt knows it.)
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To: maggief
Thanks. The left keeps calling this "stand your ground," but the legal test is simply "justified use of deadly force in self defense."

It is telling that the press openly says it is controversial, that if you are in fear for your life, you may use deadly force to stop the threat.

It's unChristian of me, but I hope those pricks are put in fear for their lives one day. And then called out if they survive by defending themselves with a knife, gun, or baseball bat.

18 posted on 04/12/2012 5:37:33 AM PDT by Cboldt
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To: Sherman Logan

Good points.

Well, come the Prelim, the state has to put on its case that it has probable cause for the arrest. Interesting it will be as to why the police did not believe they had probable cause the night of the event but do 30 days later. That would be point one for the defense before they even get to self defense or SYG. Next point, second degree, I’d like to see a showing by the prosecution they met all the elements of that crime.

The prelim is where one battles the legal formalities.

Were I the judge, from my perspective of not having all the facts, I’d withhold judgment till a sunday evening. Beforehand, I’d call gov scott to alert the state guard to be on full alert for my decision if I was dismissing the case.

JMHO.


19 posted on 04/12/2012 5:38:29 AM PDT by Mouton (Voting is an opiate of the electorate. Nothing changes no matter who wins..)
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To: spacejunkie2001

Oh yeah? Ya wanna bet?


20 posted on 04/12/2012 5:40:35 AM PDT by the invisib1e hand (I think in about 5 - no, 4 - years I'll have had enough.)
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