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Zimmerman Prosecutors Struggle to Outmaneuver Florida Law
US Politics Today ^ | June 23, 2012

Posted on 06/23/2012 1:22:21 AM PDT by 2ndDivisionVet

Florida's "Stand Your Ground" law is complicating matters for prosecutors rushing to convict George Zimmerman. The law is clear that residents can meet force with force when they feel threatened.

Florida's Stand Your Ground law allows residents to use deadly force to defend themselves or their property, and when doing so, protects them from prosecution. This law may derail the prosecution of defendant George Zimmerman in the much-publicized case of a neighborhood watch volunteer who shot and killed teenager Trayvon Martin.

State prosecutors see the case as open-and-shut, arguing that Martin was simply a kid buying a soda at a convenience store. When Zimmerman called 911 to report a suspicious individual, police told him to stand down until they arrived; he did not.

While authorities note that the one possibly threatening detail about Trayvon Martin was a simple hooded sweatshirt, George Zimmerman claims that Martin physically attacked him.

Florida's Stand Your Ground law is clear: an individual has no duty to retreat from a public confrontation in which he or she reasonably perceives a danger. As the Miami Herald notes, Floridians are allowed to "meet force with force." In fact, Zimmerman was not initially arrested by police at all for this very reason.

And, the law receives strong support. A recent Quinnipiac University poll finds support for the state law at 56 percent, with only 35 percent opposed to it.

While he was eventually charged with second degree murder, state prosecutors have no easy task to explain why Stand Your Ground should not apply to George Zimmerman. In fact, anyone facing charges of murder or homicide in Florida should discuss their situation with an experienced criminal defense attorney who will hold the prosecution accountable for proving their case at every step and ensure the defendant's rights under state law are respected.


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; Government; News/Current Events
KEYWORDS: angelacorey; banglist; florida; georgezimmerman; standyourground; trayvon; trayvonmartin; zimmerman
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To: Sherman Logan
Thanks for bringing up the inquest procedure - which according to the definitive source (WIKI ;-) is not always a coroner's inquest but can be used to determine any form of wrong-doing or matter needful of fact-finding.

Of course with a coroner's inquest somebody is dead and the circumstances surrounding that death can be explored ... sorry to be short but a "Honey Do" list awaits.

Still in case of death or serious injury in a self defense case an inquest format might be a good idea except WIKI: Inquest notes that the defendant isn't allowed to present a defense at that stage but an addition to SYG law could be made to outline the actual procedures required or allowed.

Oops - missed the actual post button - sorry - just de-sweatifying after a little chainsawing when I missed my last post to you.

101 posted on 06/23/2012 10:52:52 AM PDT by Tunehead54 (Nothing funny here ;-)
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To: Graybeard58; Tunehead54

Good point. It is a little surreal.


102 posted on 06/23/2012 10:56:07 AM PDT by Sherman Logan
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To: UCANSEE2; Beach_Babe
An interesting series of videos totally meaningless to this case.

Yep -- there must be something in the sand on that beach.

How accessible the holstered gun would have been to GZ or TM depends upon how high TM had to sit on top of GZ in order to administer the beating. Being that there was a 4 inch height difference between them, added to a longer arm reach, TM could have been sitting on his hips and still reaching his head with his fists with the gun thus fully accessible to either of them at any time.

Furthermore by shifting his weight from left leg to right leg, the gun would have then been even more accessible for either of them.

Also the video fails to mention that the bullet, fired at intermediate range [1 to 18 inches] never exited the body, meaning that the shot would have thrust the body backwards significantly.

The videos are a pathetic attempt by the Crump team and those who front for him here on FR to make what's up look like it's down. But it won't work.

103 posted on 06/23/2012 10:59:36 AM PDT by Uncle Chip
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To: Aevery_Freeman; sheik yerbouty
Love the word "melanometricist." Did you coin that?

It would appear so. Googling the word turns up only his post and nothing else.

104 posted on 06/23/2012 11:30:20 AM PDT by cynwoody
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To: driftdiver
The law doesn’t apply IMO. When someone is sitting on your chest choking the life out of you retreat isn’t very feasible.

Actually, the relevant part of the SYG statute is not about standing your ground. Rather, it's a provision for a pre-trial hearing after which a fair judge can toss the whole case, including any right to sue, if he finds the preponderance of the evidence favors the defendant. But the article didn't mention that.

105 posted on 06/23/2012 11:39:51 AM PDT by cynwoody
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To: Cboldt

Thanks Cboldt!

What is a short definition of “Florida’s open book discovery rules”?

You can depose anyone on the other’s witness list? What can you subpoena?

Anyone with statements in a police report? Any officer filing a report on the case?

Inquiring minds and all that ... thanks in advance if you have the time ... just a broad outline would be great! ;-)


106 posted on 06/23/2012 11:54:51 AM PDT by Tunehead54 (Nothing funny here ;-)
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To: Tunehead54
Florida Rules Of Criminal Procedure: Rule 3.220 - Discovery

You are free, of course, to make further requests for my opinion and remarks, but just to let you know, I won't be replying.

107 posted on 06/23/2012 12:01:55 PM PDT by Cboldt
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To: Cboldt
"You are free, of course, to make further requests for my opinion and remarks, but just to let you know, I won't be replying."
Rats! I had a well-educated, polite, informative source for legal information in Florida, adeptly covering complex issues in a concise and correct manner (probably a lawyer - not that there's anything wrong with that ;-) on an issue that might end up making the Rodney King riots in LA look like a walk in the park and you bail on me ...

Oh well - thanks for the link to FL Discovery law. Just defining "open book" would have been helpful.


Do Not Request Opinion List

1) Would you hit it?
a) Lazmataz

2) What's the general rundown on this FL law issue?
a) Cboldt

Thanks for your previous input ... I won't tell anyone that I think you're bailing because I said you were wrong once. ;-)

108 posted on 06/23/2012 12:39:54 PM PDT by Tunehead54 (Nothing funny here ;-)
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To: Hulka
Yes, I mean and meant Never talk to the police directly. Ever. No exceptions.
There are many ways to get vital information to them without
revealing yourself and staying protected. Nobody should assume that doing the
right thing cannot cause you grief, because it can.


And you can keep your Women and Children BS in the RAT camp.
See, even your argument is cause for someone not to get involved and
the strawman argument is just that.
So you can ramp up the possibilities like killing cute little pink bunny
rabbits that only poop skittles all you want.

109 posted on 06/23/2012 12:44:33 PM PDT by MaxMax
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To: Tunehead54
I'm not in Florida. My only leg up is from researching the law in light of this case, and I did that because I personally find the case interesting. There is no substitute for the hard work of basic research.

Thank you for the kind compliments relating to my previous remarks. I'll still be hanging around and commenting from time to time.

110 posted on 06/23/2012 12:53:28 PM PDT by Cboldt
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To: Mr Ramsbotham
In Florida, the law reads this way: "a person is justified in using deadly force (and does not have a duty to retreat) if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony, or to prevent imminent death or great bodily harm to himself or herself or another." [Florida Statute Section 776.012.] "The use of deadly force is further justified when a person is resisting any attempt to murder such person or to commit any felony upon him or her or upon or in any dwelling house in which the person is located." [Florida Statutes Section 782.02]
111 posted on 06/23/2012 1:59:53 PM PDT by 2ndDivisionVet (Ich habe keinen Konig aber Gott)
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To: SeminoleCounty

That’s kind of what this article implies, isn’t it?


112 posted on 06/23/2012 2:14:13 PM PDT by 2ndDivisionVet (Ich habe keinen Konig aber Gott)
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To: All; MaxMax

Dont Talk to Police
http://www.youtube.com/watch?v=6wXkI4t7nuc


113 posted on 06/23/2012 2:29:05 PM PDT by 2ndDivisionVet (Ich habe keinen Konig aber Gott)
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To: Gadsden1st
Will the defense be able to introduce the information about the drink and skittles being part of a drug cocktail?

Dunno. But if they try, prosecution will certainly introduce the fact that George was using amphetamine.

114 posted on 06/23/2012 3:20:05 PM PDT by Oztrich Boy (Rules are for the guidance of wise men and the blind obedience of fools - Solon, Lawmaker of Athens)
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To: Oztrich Boy; Gadsden1st
But if they try, prosecution will certainly introduce the fact that George was using amphetamine.

You mean Adderal, right??? and by prescription under physician's directions, right??? The defense has nothing to fear. On the other hand the prosecution still won't release TM's urine test. What's in it that they don't want the public to know???

115 posted on 06/23/2012 4:36:01 PM PDT by Uncle Chip
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To: Uncle Chip
In addition to Adderall, Zimmerman also takes Temazepam. One of them he takes three times a day. He seems to be heavily medicated. I hope he doesn't drink any alcohol, beer or wine.

They haven't released Zimmerman's blood work or urine test either. Oops, my bad, they forgot to take his blood and urine samples.

BTW, try sitting/squatting/kneeling on someone’s hips (groin area) and see where your knees are ...

116 posted on 06/23/2012 6:50:34 PM PDT by Beach_Babe
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To: cynwoody

Yup, that’s mine.. I find that the word stymies race racketeers and their allies..


117 posted on 06/23/2012 7:21:33 PM PDT by sheik yerbouty ( Make America and the world a jihad free zone!)
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To: Aevery_Freeman

I liked some of Zappa’s really early stuff..the word melanometricist refers to a person who is obsessed with race..


118 posted on 06/23/2012 7:28:07 PM PDT by sheik yerbouty ( Make America and the world a jihad free zone!)
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To: Beach_Babe
In addition to Adderall, Zimmerman also takes Temazepam.

Exactly. It is widely used for sleep, and ameliorates the side effects of Adderal, and it is used by the United States Air Force to help aviators and special duty personnel sleep in support of mission readiness.

Oops, my bad, they forgot to take his blood and urine samples.

Oops your bad, they didn't forget. They didn't have to. The law didn't require it of GZ. It does, however, require TM's urine be taken and tested for his autopsy. So then where is it and what street drugs were tested for???

BTW, try sitting/squatting/kneeling on someone’s hips (groin area) and see where your knees are

If I'm sitting on someone pummelling them and want to get my hand in his pocket or access a side holster, all I have to do is shift my weight to the knee on one side and spread the other knee apart a little. It's done all the time on crime dramas.

But you're right on one thing though: until TM on top shifted his weight and spread his leg apart, the gun would have been difficult for GZ or TM to grab. All of which proves GZ's account that TM went for the gun first. In doing so and shifting his body and moving his leg in the process, GZ was able to get at it as well. Had TM not gone after the gun, GZ wouldn't have been able to reach it, and TM would be alive today, and GZ probably in the hospital in a coma from a fractured skull.

Those video producers need to watch more Mannix reruns or Hawaii 5-O's before producing another one of their propaganda films. BTW Is there a 4th one in the works???

119 posted on 06/23/2012 8:49:37 PM PDT by Uncle Chip
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To: Uncle Chip
Adderall --

The reason every teenager, college kid, and meth head suddenly has ADHD.

Teenager: I take it and I've lost 15 pounds without even trying. It's amazing!

College kid: Sweet, I took eighteen classes this semester and got an A+ in all of them! And now I can get completely plastered without getting tired! Thanks, Adderall.

Meth addict: As soon as I got my script for it, I didn't even need meth anymore. Sayonara rehab!

Zimmerman takes it 3 times a day ...

Uppers and downers, like a see-saw.

TV crime dramas are from the land of make-believe.

The guy has lots more videos -- visit his channel.

120 posted on 06/23/2012 10:46:56 PM PDT by Beach_Babe
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