Posted on 07/11/2013 4:59:59 AM PDT by Uncle Chip
Today, July 11th, is DAY #23 (of 5th week) State of Florida V. George Zimmerman case.
Yesterday the defense rested its case. A legal analysis via Professor Jacobson HERE.
From my perspective the entire case ended, as expected, early in the day yesterday when Judge Nelson gave George Zimmerman his personal Platinum Express DCA Acquittal Card. The ruling, and more importantly the legal determination she used on the ruling, regarding the Trayvon Martin phone evidence was an immediate Nuclear DCA option. Nelson essentially ruled against admissibility based on ”authentication”. She could have kept it out under other legal reasoning, but no, she chose the one without the slightest chance of being upheld by a District Court of Appeals. IMHO this was intentional and aligns itself with the way she has ruled during the pre-trial discovery phase, and during the case itself. She’s a rigid ideologue, but she’s not stupid – this was intentional.
By ruling the phone records (texts and pics from Trayvon) cannot be “authenticated” to have originated by the specific personage of Trayvon Martin just gave the dismissal of the case to George Zimmerman with a bow on it.
As it was carefully explained to me, the phone is like a bucket. The data inside the phone is like marbles in a bucket. Some marbles from calls, others from pictures, others from texts, etc. The State brought the bucket into court – and validated the bucket contents with their own witness from the phone company – Both the State and the defense then began arguing their case around the phone call marbles in the bucket – Primarily with Rachel Jeantel. But no-one challenged the bucket itself. The State authenticated the bucket and the content of the bucket during the introduction.
The defense picks up the same bucket the state hands them, and now begins to use the contents – texts and pictures – and then Nelson rules the bucket itself cannot be authenticated. It doesn’t work that way.
If the state authenticates evidence, it cannot be divided and only authentic when the state holds it, but not the defense. Flawed logic – ABSOLUTELY positioned to give such a prejudicial outcome, the appeal would result in dismissal, not retrial. Nelson gave the case away to George Zimmerman.
She could have ruled on relevance, admissibility, or other factors – but she chose the one destined to fail, “authentication”. She gave it away.
In other news, people are catching on to the Eric Holder, Department of Justice, Civil Rights Division, Community Relations Service – being the actual puppeteers behind the entire construct of the false case. To them we say “welcome to the party pal“.
Okay, I’m confused.
DID Nelson allow the 3rd degree/child abuse issue in or not? There’s a thread in Breaking News saying she did.
Or am I misreading something? I think I’m dealing with Information Overload Disorder.
The way I’m reading this the judge or the da dredged up the new charge based upon Child Abuse and there is no time for the defense to defend against the charge; so it doesn’t matter what they have on the assailant.
Amen. I’m saying a prayer for him as well.
It would seem to me, that there would have to be some sort of underlying felony to prove intent to cause child abuse? But there was no intent on Zimmerman’s part to commit any felony against a minor. So how could the court rule that the act of shooting Martin is child abuse? Particularly when Zimmerman shooting Martin was an act of self-defense."
Sooo...what? According to the idiot left in America, including the Floriduh state prosecution and judge....
George Zimmerman should have interrupted TM's pummeling, smothering and grabbing for his gun, and ""carded"" or demanded ID from Trayvon BEFORE shooting him?
And it is not illegal to follow someone.
Exactly. Following him means very little. Following while on the PHONE TO THE POLICE.
Judge is still resisting anything like “it is legal to follow” in jury instruction.
Stalkers don’t let the police know where to meet them.........
She has not allowed that jury instruction...yet. Prosecution dropped in onto Defense this morning. Defense has the lunch hour to respond and then she will rule on allowing the 3rd degree murder/child abuse jury instruction.
“Kind of a circular logic there. “
Sounds more like a kind of circular illogic to me.
Yes, she does. Has West ever tried a case in her court before, I'm wondering?
Yes you do! :)
1. According to the timeline, Trayvon hit Z in the face while they were standing up. I would hope to shoot him before he got me down on the ground and started banging my head against concrete. He could kill me by doing that and it wouldn't take many slams on the concrete to do it.
2. You say if he's convicted, self defense outside the home goes away in the country because the legal system would put you in prison for defending yourself. THAT WON'T HAPPEN IN TEXAS. If I lived in a blue state, I would call a mover today. They need advance notice of a move so they can schedule it. Then, I'd call a real estate agent in Texas where I decided to move.
Honestly, the country is toast and every conservative needs to concentrate on self preservation and do what is necessary to insure their future freedom.
It would have to be someone who buys ink by the ton. And large rolls of paper.
Okay - that’s what I thought.
I see now - it says “State moves” not “Judge ruled”.
Thanks, JPX.
>> Improper instructions must surely be a reversible error.
Absolutely! Some of the case law West presented was appeal court findings on improper jury instruction.
It’a an eye-opener how critical this part of the trial could be in the outcome. Had no idea.
states are elected but incumbency offers a virtual lifetime appointment ... they usually arrange a timely retirement to pass incumbency on to an appointee
This hag was appointed by Jeb 'Pudgy' Bush and has had no credible election challenge since
.
We’ll know in about 10 minutes. She left it open.
You’ll have to forgive me, I’m not an attorney but I’ll give a spitball answer. My understanding is that under the legal theory of “merger doctrine” the original charging document (as in this case) alleged Murder in 2nd degree. As a result all lesser offenses (3rd degree murder, manslaughter) are automatically indcluded even if they are not specified in the original indictment.
Under this doctrine, then all lesser offenses can be included in jury instructions as to finding of guilt on the major charge or a lesser charge. And it becomes the responsiblity of the defense to argue (theoretically at least—or be prepared) all of the lesser charges. Even if they don’t come up in court.
In order for there to be Third Degree Murder in commission of a Felony, the defendant must be found guilty of the underlying felony, in this case Child Abuse. That was never alleged until this morning, so there has been no defense presented, and it’s too late because both sides have rested.
It may not be in the instructions but it sure will be in closing.
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