Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
question--- do you happen to know of court rulings that at all define 'provocation' in the self defense statute, or are you using what is exclusively your interpretation ?
See Eric Johnson, Appellant vs, The State of Florida, Appellee, July 20, 2011
Interestingly, the Florida Supreme Court has ruled that citing 776.041 in cases where the defendant uses non-deadly force the jury is not allowed to be read the exemption. In short, if Mr. Martin had lived and was charged with assaulting Mr. Zimmerman the state could not argue that his claim of self-defense would be nullified by the fact that he struck first.
See Giles v. State, 831 So.2d 1263, 1265 (Fla. 4th DCA 2002)
As definitive as the witness was in the beginning, I'm sure he heard from the likes of the Panthers as to why it would be prudent for him to change his story.
It's common for witnesses to not know what they see, but they don't usually do 180s.
The witness didn't do a 180. He simply said he wasn't so sure about some things any more. My interpretation of that is that the witness fianlly saw the seriousness of the issue and didn't want to get up on the witness stand and lie.
Quote:
Originally Posted by Bellamie Storm
you might also want to see Idaho vs Udaman...I believe 1973.
you might also want to see Idaho vs Udaman...I believe 1973.
I would be glad to given a proper citation.
But before I spend my time on what I assume is an Idaho appellant decision, what pray tell, relevance does an state of Idaho decision have to a case involving a Florida statute? Surely you aren't under the misconception that another states appellant court sets precedent for another state? Surely you don't think that?
Oh gosh you're right, I dropped out of law school after the first semester, it wasn't that hard, truth is the weed got me. It was actually udaho vs Idaman, it was 1973 though. You could see how that would be easily confused.
Made you should put the pipe down and give the citation one more try. Udaho vs Idaman???
If there were more vigilant neighbors like gz there would be less crime...
Only if you believe shooting an unarmed teenager walking home is the right thing to do. In fact, we could have a lot less crime if we'd just kill half of the U.S. population. Seriously, the more people, the more crime, so why not just get rid of anyone who might be a threat to society now or in the future? That would be another way to stop crime.
It is you that can't grasp it pal. Put your grimy hands on this white girl because you think you have some special race or age privelidge to do so and given the opportunity it won't be the NRA you have to worry about.
"grimy hands" on this "white girl" ..... .because you think you haVe some special race or age privilege to do so"..........wHAT EXACTLY DOES THAT MEAN? wHAT ARE YOU TALKING ABOUT?
No the loans were mounting up and well you know, already had a BS in English Lit.
I am truly sorry to read that that, I hate to hear about anyones education being cut short because of lack of money. Although you might consider yourself lucky considering how badly the economy has been for lawyers in general and law firms in particular.
Anyway, when are you going to come up with a proper citation for that case, I can't find it under a myriad of different spellings.
It is you that can't grasp it pal. Put your grimy hands on this white girl because you think you have some special race or age privelidge to do so and given the opportunity it won't be the NRA you have to worry about.
Well I'm glad you have finally given us a truer indication of your underlying problem.
Quote:
I can walk up to you get two inches from your face and look you in the eyebal. And ask you what the hell you are doing in my neighborhood and you can't do legally a damn thing about it?
My dear, this is 2012 not 1912 so your whiteness or gender does not exempt you from being moved back to a non-threatening distance with all the due and appropriate level of physical force required. To do so is neither assault nor battery. As for your questioning, you are free to ask all the questions you like in any tone of voice that you desire from an appropriate and non-threatening distance. Just don't expect an answer.
Quote:
What don't you get about that pal/gal? I say to you, you are an Asian, Asian gangs have been robbing this neighborhood. I saw you looking around in the rain and peering in windows. Do you live here? I am a neighborhood watch. Look see me, I have a cell phone I am calling the police.
You have every right to call the police, you can use all of your friends and family minutes in doing so. I could care less, but no matter what mental gymnastics you attempt to perform your rants just aren't germane to the issue under discussion, the unlawful use of deadly force under Florida statute and the fact as the investigating officer statement attest that at no time, and with ample opportunity did Mr. Zimmerman identify himself or express his concerns (no matter how inappropriate) about Mr. Martin's presences in the neighborhood, leaving Mr. Martin with little to determine that Mr. Zimmerman was not a threat to his person.
So it's your belief that Zimm pounced on Martin who was just walking along?
You think Zimm ambushed Martin and started the fight?
Of course, one could look at the evidence.
One of them had bruised hands, the other one
had a bruised face. Which was which, again?
If you would have taken the time to read the ME report he didn't have bruised hands.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
