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Breaking – State moves to charge Zimmerman with 3d Degree Murder based on Aggravated Child Abuse
Legal Insurrection ^ | Thursday, July 11, 2013 at 10:37am | William A. Jacobson

Posted on 07/11/2013 9:11:32 AM PDT by Sopater

As expected, the Judge in the George Zimmerman case ruled that in addition to Second Degree Murder, she will instruct the jury on the lesser included offense of Manslaughter, as required by Florida case law.

In a surprise move this morning, the prosecution asked the Judge to drop the Aggravated Assault charge and to instruct the jury on Third Degree Murder, which is murder in the course of committing a felony.

The felony the State wanted as the predicate was Aggravated Child Abuse (Jury Instruction) because Trayvon Martin was 17 at the time of the shooting.

According to Don West, the defense was not notified until 7:30 a.m. this morning.

This surprise is important because the defense did not have time to research the law, while the State presented numerous cases. Generally it is not a defense to child abuse that the perpetrator did not know the age of the victim. This is an unusual circumstance, however, where Zimmerman was punched in the nose and the “child” was on top punching him — to say that excessive use of force in defense of an attack by a “child” is child abuse certainly requires some time to research and argue. I don’t know the answer to that legal question, but the court should give the defense time to research and argue it. (Update 11:35 a.m. — Judge just indicated she will give defense time to research, but didn’t indicate how long until 1 p.m.)

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


TOPICS: Breaking News; Crime/Corruption; Government; News/Current Events; US: Florida
KEYWORDS: 2a; 3rddegreemurder; banglist; blackkk; florida; georgezimmerman; rapeofliberty; rehash; selfdefense; trayvonmartin; zimmerman; zimmermantrial
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To: DrDude

I agree. If the judge allows this file a motion immediately for mistrial...


101 posted on 07/11/2013 9:51:58 AM PDT by Hotlanta Mike ("Governing a great nation is like cooking a small fish - too much handling will spoil it." Lao Tzu)
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To: Thane_Banquo; Art in Idaho
You will now have to consider the race of your attacker. If he's one of Holder's people, you're not allowed to defend yourself regardless of circumstances.

I think that a lot more concealed carry licencees will be carrying revolvers so as not to leave brass on the ground, and that they'll be promptly moving out of the area of whatever incident that the may be involved in. Yes, that's a crime - but it is what TPTB are encouraging by their own lawlessness.

This judge needs to be impeached.

102 posted on 07/11/2013 9:52:24 AM PDT by Ancesthntr ("The right to buy weapons is the right to be free." A. E. van Vogt)
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To: Sopater

Obviously the ‘justice’ department made a phone call...


103 posted on 07/11/2013 9:52:58 AM PDT by I want the USA back (If I Pi$$ed off just one liberal today my mission has been accomplished.)
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To: Red in Blue PA
The only issue is to make the point to whites in Second Amendment respecting states that, even if they can't yet confiscate our guns, they can make damn sure that we hesitate to use them in self-defense. It's supposed to be open season on whites, and whites aren't supposed to fight back. We're supposed to just let ourselves be injured or killed.
104 posted on 07/11/2013 9:53:31 AM PDT by mrsmel (One Who Can See)
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To: DownInFlames
Don’t leave any witnesses, DNA, fingerprints, and for god sakes, don’t tell the cops.

Formerly known as "shoot, shovel and shut up."

105 posted on 07/11/2013 9:53:47 AM PDT by Ancesthntr ("The right to buy weapons is the right to be free." A. E. van Vogt)
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To: Kriggerel

Winnie Mandela also endorsed it.


106 posted on 07/11/2013 9:54:18 AM PDT by mrsmel (One Who Can See)
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To: Biggirl

Just curious.

Isn’t the crime in Orlando FL, where Disney World is, have some of the highest crime rates in the nation?


107 posted on 07/11/2013 9:54:49 AM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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To: Sopater

If he is aquitted, the ‘justice’ department will accuse him of another crime. They have already found him guilty.


108 posted on 07/11/2013 9:55:10 AM PDT by I want the USA back (If I Pi$$ed off just one liberal today my mission has been accomplished.)
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To: I want the USA back

Lets do a FOIA request to NSA


109 posted on 07/11/2013 9:55:16 AM PDT by morphing libertarian
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To: conservativebabe
The case hasn't been sent to the jury yet.. We haven't had closing arguments yet! The defense needs to fight this 'child abuse' charge.. If I were a juror, I'd laugh at this as a tactic and would remind myself that this so-called 'child' was beating the crap out of somebody!

The idea of incorporating 'child abuse' into this case has the STANK OF TEAM OBAMA (PROBABLY THE DOJ) ALL OVER IT.

110 posted on 07/11/2013 9:55:29 AM PDT by CivilWarBrewing
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To: cripplecreek

“The judge already said something along the lines of ‘If I screw this up, you can try again in a higher court’.”

And by that time we all know what will happen to Zimmerman in prison while he is waiting for that to happen.


111 posted on 07/11/2013 9:56:03 AM PDT by RightInJersey
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To: Sopater

Sopater said, “Kangaroo Court”

My take would along the lines of a 1936 Stalinist show trial in Moscow with a guilty verdict against the defendant almost inevitable.

This is scary...real scary... because a guilty verdict against Zimmerman will mean the government can put any citizen on trial at anytime for any reason if the Regime wants to underline what is or isn’t politically correct.

It would appear the message here is that whites are not to defend themselves from murder by blacks.


112 posted on 07/11/2013 9:56:03 AM PDT by Darin1948
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To: I want the USA back

It’s clear he violate the assailants civil right to attack and pummel him.


113 posted on 07/11/2013 9:56:10 AM PDT by morphing libertarian
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To: Mortrey

I don’t know if anyone else of going to do this or not, but I am. It’s not much, but I’ll do what one person can do.


114 posted on 07/11/2013 9:56:49 AM PDT by mrsmel (One Who Can See)
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To: newnhdad
How is it possible to be convicted of a crime you weren’t charged with or arrested for?

It's also a charge that you did not defend against.

115 posted on 07/11/2013 9:57:19 AM PDT by Leaning Right
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To: conservativebabe
The case hasn't been sent to the jury yet.. We haven't had closing arguments yet! The defense needs to fight this 'child abuse' charge.. If I were a juror, I'd laugh at this as a tactic and would remind myself that this so-called 'child' was beating the crap out of somebody!

The idea of incorporating 'child abuse' into this case has the STANK OF TEAM OBAMA (PROBABLY THE DOJ) ALL OVER IT. I think someone at the NSA should check the prosecution team's Email to see WHO sent it to them.

116 posted on 07/11/2013 9:57:27 AM PDT by CivilWarBrewing
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To: freekitty

They need a conviction on “anything”. Zimmerman already has the news org. editing tapes(crime). He has Martin’s lawyer with several forms of fraud and all felonies. He has Prosecurial Misconduct by withholding evidence. He has judicial bias. He will make a fortune unless convicted of at least a minor crime.


117 posted on 07/11/2013 9:58:04 AM PDT by DrDude (Governor of the 57th State)
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To: rusty schucklefurd

Its legal is many states to down grade murder charges to lower charges. 1st degree to 2nd, 2nd to manslaughter.


118 posted on 07/11/2013 9:59:01 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: I want the USA back
“If he is aquitted, the ‘justice’ department will accuse him of another crime. They have already found him guilty.”

Can't disagree. How ironic, given how much Holder has gotten away with. To me, this is essentially an attempted ‘lynching’, and that too is sadly ironic.

119 posted on 07/11/2013 9:59:29 AM PDT by pieceofthepuzzle
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To: Mortrey
...walk into a business and ask right out if the owner is black and voted for Benghazi Barry...

One really need not ask the second part. If they voted at all, 95% went for Barry.

120 posted on 07/11/2013 10:00:04 AM PDT by whd23 (Every time a link is de-blogged an angel gets its wings.)
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