Case closed, Zimmerman's a gonner

[testarosa]

So what it boils down to is 1 no vote from the jury and he's walking.

I think the SCOTUS resolved the hung jury/double jeopardy question in US v Perez.

The discharge of the jury from giving a verdict in a capital case, without the consent of the prisoner, the jury being unable to agree, is not a bar to a subsequent trial for the same offence.

The court is invested with the discretionary authority of discharging the jury from giving any verdict in cases of this nature whenever, in their opinion, there is a manifest necessity for such an act or the ends of public justice would otherwise be defeated.

United States v. Perez - 22 U.S. 579 (1824) :: Justia US Supreme Court Center

This remains the rule in criminal trials.

He could still be retried, but I think given the expense the state will do everything possible to prevent that.

Thank God you're around for the legal mumbo jumbo.

 

[testarosa]

Currently the prosecution is arguing the relevance of a piece of evidence it presented yesterday, O'Mara objected to the relevance of the August 2011 call to which the prosecution claimed it needs to establish Zimmerman's state of mind before the shooting. They have just proffered the evidence, with four other calls included.

And she'd better rule for the defense. This is a rather large can of worms.

 

[jon_berzerk]

so sad for the state

that so soon in the trial

the states only hope is to

try and paint zimmerman

as sinister

 

[testarosa]

so sad for the state

that so soon in the trial

the states only hope is to

try and paint zimmerman

as sinister

that summed it up.

 

[Sunshine]

For edification of posters:

Mistrials in criminal cases can result in a retrial, a plea bargain, or a dismissal of the charges

Mistrial | LII / Legal Information Institute

 

[jon_berzerk]

so sad for the state

that so soon in the trial

the states only hope is to

try and paint zimmerman

as sinister

that summed it up.

the other question that begs is

if the state is allowed to show zimmermans past calls

as sinister behavior

does this open the door

to martins past sinister behavior

suspended from school

female jewelry burglar tools

street fights

video of homeless guy beat down

guns weed and lean

to mention some

 

[TemplarKormac]

Currently the prosecution is arguing the relevance of a piece of evidence it presented yesterday, O'Mara objected to the relevance of the August 2011 call to which the prosecution claimed it needs to establish Zimmerman's state of mind before the shooting. They have just proffered the evidence, with four other calls included.

And she'd better rule for the defense. This is a rather large can of worms.

Indeed. They are trying to contend he was profiling Martin. In most of the calls save one, he identified the suspicious character as black. He had no intent to profile anyone, nor does it suggest he tried. He made it clear to the dispatcher that he "didn't want to confront him/them" or "attract attention." It sounds like to me he was doing his job as a Neighborhood Watch coordinator.

 

[Truthseeker420]

so sad for the state

that so soon in the trial

the states only hope is to

try and paint zimmerman

as sinister

If the defense is going to give commentary in their opening statement and their cross examination... if the defense is going characterize Zimmerman as a good guy just trying to help the dispatcher they have a right to impeach that characterization.

 

[Sunshine]

so sad for the state

that so soon in the trial

the states only hope is to

try and paint zimmerman

as sinister

that summed it up.

the other question that begs is

if the state is allowed to show zimmermans past calls

as sinister behavior

does this open the door

to martins past sinister behavior

suspended from school

female jewelry burglar tools

street fights

video of homeless guy beat down

guns weed and lean

to mention some

Here is an interesting discourse on the issue of character.

Rule 404. Character Evidence; Crimes or Other Acts | Federal Rules of Evidence | LII / Legal Information Institute

 

[jon_berzerk]

that summed it up.

the other question that begs is

if the state is allowed to show zimmermans past calls

as sinister behavior

does this open the door

to martins past sinister behavior

suspended from school

female jewelry burglar tools

street fights

video of homeless guy beat down

guns weed and lean

to mention some

Here is an interesting discourse on the issue of character.

Rule 404. Character Evidence; Crimes or Other Acts | Federal Rules of Evidence | LII / Legal Information Institute

thanks

 

[RKMBrown]

The prosecution had me at skittles.

 

[HereWeGoAgain]

The prosecution had me at skittles.

I'm sure they did.

 

[Sunshine]

Currently the prosecution is arguing the relevance of a piece of evidence it presented yesterday, O'Mara objected to the relevance of the August 2011 call to which the prosecution claimed it needs to establish Zimmerman's state of mind before the shooting. They have just proffered the evidence, with four other calls included.

Mens rea, state of mind, is only an issue if the charge is Murder One.

When it comes to the degrees of murder, things can get a little tricky.

There's first and second degree murder, and even sometimes a third. Then there's voluntary and involuntary manslaughter.

And don't forget "adequate justification," which can downgrade a murder to a lower level.

To help make sense of the degrees of murder, we're going to start with the two most serious crimes in the murder spectrum, and pinpoint just what differs between a first and second degree killing.


First degree murder falls into one of the following two categories:
•Premeditated, intentional killings
•Felony murder

While second degree murder is either:
•An unplanned, intentional killing; or
•A death caused by a reckless disregard for human life

Putting aside felony murder, the real difference between first and second degree murder is the degree of intent under which the defendant acted when carrying out the killing.

First degree murder requires that a defendant plan and intentionally carry out the killing, whereas second degree murder requires that the killing either be intentional or reckless, and occur in the spur of the moment.

Difference Between First and Second Degree Murder? - FindLaw Blotter

Zimmerman is not charged with premeditated murder - first degree murder.

 

[TemplarKormac]

that summed it up.

the other question that begs is

if the state is allowed to show zimmermans past calls

as sinister behavior

does this open the door

to martins past sinister behavior

suspended from school

female jewelry burglar tools

street fights

video of homeless guy beat down

guns weed and lean

to mention some

Here is an interesting discourse on the issue of character.

Rule 404. Character Evidence; Crimes or Other Acts | Federal Rules of Evidence | LII / Legal Information Institute

Rule 404 (a)(1)

(1) Prohibited Uses. Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.

Rule 404 (a)(B)(i) and (ii)

(B) subject to the limitations in Rule 412, a defendant may offer evidence of an alleged victim’s pertinent trait, and if the evidence is admitted, the prosecutor may:

(i) offer evidence to rebut it; and

(ii) offer evidence of the defendant’s same trait
-----------------------------------

The prosecution has not provided evidence to rebut their attack on the defendants character, nor have they proved in (B)(ii) that the trait he displayed on the night of the shooting was the same as it was during the calls which were proffered earlier.

 

[RKMBrown]

Currently the prosecution is arguing the relevance of a piece of evidence it presented yesterday, O'Mara objected to the relevance of the August 2011 call to which the prosecution claimed it needs to establish Zimmerman's state of mind before the shooting. They have just proffered the evidence, with four other calls included.

And she'd better rule for the defense. This is a rather large can of worms.

Indeed. They are trying to contend he was profiling Martin. In most of the calls save one, he identified the suspicious character as black. He had no intent to profile anyone, nor does it suggest he tried. He made it clear to the dispatcher that he "didn't want to confront him/them" or "attract attention." It sounds like to me he was doing his job as a Neighborhood Watch coordinator.

Follow along. The point to the prior tapes is to establish gz knew what he's supposed to do. This in contrast to the night gz snapped and killed the teen.

 

[Toddsterpatriot]

He wouldn't. The fat coward was harassing the kid.

Yeah...because the guy on top with the cut knuckles and not a mark on em always calls for help.

That matters little. How did Zimmerman end up there ? And all this citation of the law, can someone show how Zimmerman was in the right ? See, it don't stop at the beating and this shooting. If it did Zimmerman would have a case. There was a pursuit and a shooting. The volunteer group Zimmerman was part of forbids pursuit. The CCW class he took likely teaches against pursuit, and lastly, I would bet state law forbids pursuit. Its fine to defend the right to CCW and 2nd amendment and all that, but this case is not the one to use to do it. Set the politics and rep whoreing aside and its clear as day. Zimmerman fucked up.

I would bet state law forbids pursuit.

State law says you can't follow somebody? I'd love to see that law.

 

[TemplarKormac]

Currently the prosecution is arguing the relevance of a piece of evidence it presented yesterday, O'Mara objected to the relevance of the August 2011 call to which the prosecution claimed it needs to establish Zimmerman's state of mind before the shooting. They have just proffered the evidence, with four other calls included.

Mens rea, state of mind, is only an issue if the charge is Murder One.

When it comes to the degrees of murder, things can get a little tricky.

There's first and second degree murder, and even sometimes a third. Then there's voluntary and involuntary manslaughter.

And don't forget "adequate justification," which can downgrade a murder to a lower level.

To help make sense of the degrees of murder, we're going to start with the two most serious crimes in the murder spectrum, and pinpoint just what differs between a first and second degree killing.


First degree murder falls into one of the following two categories:
•Premeditated, intentional killings
•Felony murder

While second degree murder is either:
•An unplanned, intentional killing; or
•A death caused by a reckless disregard for human life

Putting aside felony murder, the real difference between first and second degree murder is the degree of intent under which the defendant acted when carrying out the killing.

First degree murder requires that a defendant plan and intentionally carry out the killing, whereas second degree murder requires that the killing either be intentional or reckless, and occur in the spur of the moment.

Difference Between First and Second Degree Murder? - FindLaw Blotter

Zimmerman is not charged with premeditated murder - first degree murder.

Then the evidence should be stricken from the record.

 

[TemplarKormac]

And she'd better rule for the defense. This is a rather large can of worms.

Indeed. They are trying to contend he was profiling Martin. In most of the calls save one, he identified the suspicious character as black. He had no intent to profile anyone, nor does it suggest he tried. He made it clear to the dispatcher that he "didn't want to confront him/them" or "attract attention." It sounds like to me he was doing his job as a Neighborhood Watch coordinator.

Follow along. The point to the prior tapes is to establish gz knew what he's supposed to do. This in contrast to the night gz snapped and killed the teen.

Check my next post.

 

[TemplarKormac]

And she'd better rule for the defense. This is a rather large can of worms.

Indeed. They are trying to contend he was profiling Martin. In most of the calls save one, he identified the suspicious character as black. He had no intent to profile anyone, nor does it suggest he tried. He made it clear to the dispatcher that he "didn't want to confront him/them" or "attract attention." It sounds like to me he was doing his job as a Neighborhood Watch coordinator.

Follow along. The point to the prior tapes is to establish gz knew what he's supposed to do. This in contrast to the night gz snapped and killed the teen.

I am following along you dolt. I'm watching the same stream everyone who cares is watching.

 

[TemplarKormac]

O'Mara just called a bench meeting with the Judge