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Why Zimmerman’s Motion for Acquittal Should Have Been Granted
Legal Insurrection ^ | 7-7-2013 | Andrew Branca

Posted on 07/09/2013 5:52:13 AM PDT by NOBO2012

Immediately following the close of the State’s case on Friday, Mark O’Mara, the lawyer leading George Zimmerman’s defense team, stood before Judge Nelson and made his oral motion for a judgment of acquittal for his client (a parallel written motion was also submitted to the Court).

Screen Shot 2013-06-25 at 1.35.53 PM

c George Zimmerman defense counsel Mark O’Mara

The motion was well-reasoned, and strongly founded on Florida’s case law. It was also doomed to fail before a Judge who has consistently denied reasonable defense motions out of hand, while rubber-stamping motions by the State that bear not the slightest relevancy to the facts of this case.

Details matter in the law, and in any case the quick-and-short reporting of Nelson’s denial of the motion for a judgment of acquittal has already been widely reported (by us, among others). Here, we take a different approach, delving into the details of O’Mara’s motion. Part of this detail includes the full-length decisions of almost every court case cited by O’Mara in support of his motion.

Most of these court cases are gratifyingly brief and written in a style easily accessible to non-lawyers. Accordingly, throughout this piece the reader may hyperlink to the full-text of the relevant court decision back at the Law of Self Defense blog (where they join many hundreds of other self-defense related court decisions from all 50 states).

“The Good”

In today’s post I focus on O’Mara’s oral motion to Judge Nelson (“The Good”).

My next post on this subject will cover Mr. Mantei’s duplicitous response to the motion (“The Bad”), as well as O’Mara’s response in turn...continued

(Excerpt) Read more at legalinsurrection.com ...


TOPICS: Politics
KEYWORDS: kangaroocourt; martin; zimmerman
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To: NOBO2012

Never saw an acquittal at a hanging party.


21 posted on 07/09/2013 7:45:59 AM PDT by Vaduz
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To: Buckeye Battle Cry

I think the PROSECUTION can save the place from riots by dropping all charges, and blaming their own stupid witnesses for changing their stories


22 posted on 07/09/2013 7:49:04 AM PDT by Mr. K (There are lies, damned lies, statistics, and democrat talking points.)
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To: Fido969

I have forgotten, what did happen to Nifong? Did NC give him some kind of award or what?


23 posted on 07/09/2013 8:00:00 AM PDT by Theodore R. ("Hey, the American people must all be crazy out there!")
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To: Buckeye Battle Cry
The entire mess is a travesty of justice, decency and common sense.

If so many liberals moved from PA and NY to FL, and FL became liberal, why didn't PA and NY turn more conservative? Have there been polls showing how much or how little support Zimmerman has in FL?

24 posted on 07/09/2013 8:03:10 AM PDT by Theodore R. ("Hey, the American people must all be crazy out there!")
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To: NOBO2012

Well it should have but it would have made the riots start sooner so the judge decided to put it off until the not guilty verdict. Let the jurors take the heat.


25 posted on 07/09/2013 8:33:00 AM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
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To: Buckeye Battle Cry
The motion for dismissal could have been granted, but it is not common, even is cases that seem thin like this one.

On the upside, should Zimmerman be acquitted, he will never be tried for this again because of this motion. If it had been granted, the state could have attempted to bring charges against him in the future.

26 posted on 07/09/2013 9:26:56 AM PDT by KC_Conspirator
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To: NOBO2012

There will be another one when the defense rests so Nelson will get a Mulligan.


27 posted on 07/09/2013 10:04:42 AM PDT by Uncle Chip
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To: pepsi_junkie

When westerns went off the air, the American people turned even more liberal and flocked to the mob mentality.


28 posted on 07/09/2013 10:22:01 AM PDT by Theodore R. ("Hey, the American people must all be crazy out there!")
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To: Theodore R.
I have forgotten, what did happen to Nifong? Did NC give him some kind of award or what?

Disbarred and imprisoned, I thought.

29 posted on 07/09/2013 5:22:55 PM PDT by Fido969
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