Strolla up

Commented on "shoe string budget" limited what they could do

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Ah good... Strolla making the same point I did... boy he is good

Thinks SD should have applied to all

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Absolutely, there is no logical case for how it cannot. There was only one act on trial,
Mike

There COULD be two acts... but I think the point is determining that is part of resolving Count #1

Remember Dunn does NOT have to prove anything.. the State has to DISPROVE his claim of self defense. Part of Dunn's claim WAS that he fired the last 3 shots as part of that act of self defense. Whether people reading this post agree with that or not does not matter, what matters is that the jury needed to consider SD initially. Until they have resolved the matter of SD... they can not possibly decide what it included (7 shots or 10 shots). And as I say... Dunn does not have to prove anything. He claims all 10 shots were fired in self defense. The State has to disprove that beyond reasonable doubt. IMO they did not do that, but that is a matter for the jury. A matter that they did not resolve.

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My PREDICTION:

There will be an appeal on the 4 guilty verdicts. If Corey is also going ahead with a retrial on one count the whole thing will become a legal tangle. As things stand I see the appeal having merit. If there is a retrial of count #1 then the result there may have relevance to the appeal. And if the timing is the other way around, the result of the appeal may well have bearing on the result of the retrial of count #1.

Lots of luck sorting that lot out over the next 5 years or so.

I would like to think there is some emergency higher court legal remedy available to Dunn... such that he could be released while they sort that lot out. I know I am a dreamer.. but in an ideal world that would be how I would hope things would proceed..

_________________
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I wish we had that ideal world ... but it sure seems like we don't. And it seems to be getting more mucked up by the day.

Even Fox is saying that Dunn needed to prove SD. No, the prosecution needed to prove it didn't exist beyond a reasonable doubt. Our legal system is failing,
Mike

I hope Angela Corey is taken to task over the fact this is her second consecutive high profile overcharge and then belly flop. Corey made big promises, once again played fast and loose with the evidence and the court of appeals is still involved in that, and Corey failed to deliver the goods on the main charge.

I do recall in other cases the jury instructions including very specific instructions to go though the instructions in order... not proceeding until each item resolved. I can not point to that detail, but I seem to remember something like that for GZ trial? In fact lawyers arguing back and forth about how the instructions are ordered because they know it is important. IMO there should have been a clear instruction to resolve

Q1. "Did the State disprove Dunn's Self Defence claim beyond all reasonable doubt?"

If "Yes" proceed to Count #1 of the indictment

If "No" then jump to "not guilty" Counts 1 - 5, and press door buzzer to summon bailiff.

_________________
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ActionNewsJax@ActionNewsJax
LIVE NOW: Protesters just arrived at #AngelaCorey's office.

Anybody seen John "IANAL" Phillips

Not in court today or with the Davis Family at presser.

He is the family IANAL after all... he should have been there?

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Dunn guilty of 3 counts of attempted murder; mistrial on murder charge

Decision comes on 4th day of deliberations; trial lasted 2 weeks

Author: Vic Micolucci,Hailey Winslow
Published On: Feb 15 2014 03:07:58 AM EST Updated On: Feb 15 2014 10:20:37 PM EST



JACKSONVILLE, Fla. - Michael Dunn was found guilty Saturday evening of three counts of attempted second-degree murder and one count of firing into an occupied vehicle. But with the jury deadlocked on the first-degree murder charge, that count ended in a mistrial.

The jury reached the verdict after 30 hours of deliberations over four days after the trial of Dunn, who shot and killed 17-year-old Jordan Davis while shooting into an SUV carrying four teenagers outside a Gate convenience store in a dispute over loud music.

Dunn showed no emotion as the verdicts were read.

...more at link
http://www.news4jax.com/news/michael-du ... index.html

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With no verdict reached on the Murder charge I guess there can be no wrongful death suits? I know there is this "settlement" reached with Davis's parents, but who knows what else could still ensue given half a chance? Also I guess the DOJ is on hold(er)... they can hardly claim that the State level did not consider Davis's civil rights and wheel in the Feds yet... the State of Florida has not made up it's mind yet.

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I wonder how the Appeals court is going to view the conviction with a hung jury on the main charge? Could they hold up the convictions pending a retrial?

Seems to me if Dunn is acquitted in a retrial the convictions wouldn't hold as much water as the shots could have been considered part of the self defense.

It seems ludicrous to me that the case has become about Dunn firing 3 shots at a car speeding away from him. IF that was the whole situation I would have found him guilty on all 4 counts too.

But it is NOT the situation. The 3 shots did not happen as a separate event.

At the risk of repeating myself:
The burden was on the State to DISPROVE Dunn's self defense claim. They failed to do that. The " Hung" jury itself is testimony to reasonable doubt. But with the requirement for a unanimous decision... then NOTHING is resolved, but it needs to be.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

I would NOT want the jury to be hassled over their verdict. They clearly put in thought and effort. IMO the jury INSTRUCTIONS may have been incorrect.

However, I do hope one or two at least decide themselves to reveal a little of what went on in the jury room. I have no desire to see any of them "outed" and harassed by the media and the Twitter Sewer and Gossip Forum Dingbats, but I would like to know which Jury number argued and voted what.

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Verdict is in: Dunn guilty of attempted second degree murder
Updated: 11:22 p.m. Saturday, Feb. 15, 2014 | Posted: 5:35 p.m. Saturday, Feb. 15, 2014
By Matt Augustine and Stephanie Brown

JACKSONVILLE, Fla. — Michael Dunn is guilty of three counts of attempted second degree murder, but a mistrial was declared on the most serious charge facing him- murder.

“The fact that they [jurors] were out for 30 hours, I literally have no regrets. But at the same time they came back with a conviction, so I have all the regrets,” says defense attorney Cory Strolla.

The jury deliberated over four days, ending in a deadlock that could not be overcome on the First Degree Murder charge. Jurors were also allowed to consider the lesser included charges Second Degree Murder and Manslaughter by Act, but the 12 person jury could not reach a unanimous verdict on any of those options.

...more at link
http://www.wokv.com/news/news/murder-ch ... sh-/ndQNM/

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I read that the jurors do not wish to be interviewed. It would be interesting to know their thoughts about their vote. I'm totally confused because when count 1 was not resolved how the heck are they able to continue to decide the other counts. That's why I'm not a lawyer I guess.

Just something that occurred to me about the bullet trajectories etc.

The evidence analyst never explained WHY the three bullets in the rear door went straight through all metal and plastic layers and still had enough energy (momentum) to also pass through, or almost through, the large mass of Davis's body on an angle. Whereas the ones in the front door only penetrated the outer metal door skin and did not have enough energy to penetrate the inner metal and plastic layers?

It seems obvious to me that the fatal shots needed to hit the door "square on" at close range in order to retain enough forward momentum to travel on through the door and through Davis's body. More "proof" that the door was open giving Dunn a straight on shot at it.

For those familiar with "force vectors" if the bullets had hit the door at an angle some of that force would be at an angle, rather than contributing solely to the forward travel of the bullet in a straight line through the door (and whatever was behind it)... hence the bullets that hit at an angle did not have enough forward momentum to penetrate all the layers of door, let alone anything behind the door.


And.... whatever happened to detailed blood spatter analysis? (a specialty of my Namesake "Rumpole of the Bailey") (See Penge Bungalow Murders case)
The bullet that went through Davis's buttock.. should have caused blood spatter I would think.. and even the entry wounds would have blood spray/dripping associated with them.
Was there any detailed analysis of blood spatter, blood drips on the car seat. None was mentioned... THAT seems a bit strange. Also if LE had not just assumed that Davis was in the car when shot... they might also have looked for blood where the Durango was parked at the time of the shooting. Looked for blood where Davis would have been... just outside the rear door.
And ballistics details... seems one bullet passed through short part of one buttock... then did not travel on... just hung about to be found on the floor of the car days after it was searched and nothing found?

It seems to me that there were a LOT of assumptions about what happened rather than evaluating what was observed with an open mind. The devil is often in the detail and the detail was just glossed over.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

And those very questions may have been why they couldn't come to a decision on the murder counts.