Kathi Belich, WFTV

Court administrators tell us the defense motion about what it calls inflammatory language has not been noticed for Hearing, has not been heard and has not been ruled upon.

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

I continue debating with someone on another forum. He says that if Zimmerman were involved in a forcible felony, that then, even if he could not escape from underneath Martin, he would still lose his self defense immunity. Is he right, and is it possible GZ was perpetrating a forcible felony? here are his words.

http://www.leg.state.fl.us/Statutes/.../0776.041.html

Florida Statute 776.041 (Use of Force by Aggressor) has two parts. You should notice that paragraph (1) and (2) are separated by a "OR".

776.041 says the justifications in the preceding paragraphs (which are 776.012, 776.013, and 776.031 [collectively the self defense justifications] are not available under conditions specified in para 1 OR 2.

Para (1): If you are committing a forcible felony (murder, rape, felonious assault, etc.) you loose self defense immunity and it cannot be regained, you can always be held resposiible for your actions resulting from the initiation of a forcible felony. This is the section my snippet from my previous post (repeated above was referencing) in the larger post. If you were committing a forcible felony the state does not have to show any opportunity of reasonable escape, it doesn't matter anymore.

Para (2): On the other hand para (2) applies for initial aggressors when not in a forcible felony situation. In that case self-defense can be retained if there was no opportunity to escape and in good faith the individual attempted to withdraw and the non-initial aggressor then continues the violence. However, if an opportunity to escape or retreat does exist and the initial aggressor fails to take it and continues the violence - then they again forfeit self-defense immunity.

776.041 (1) does not apply because the State has not alleged or charged GZ with any forcible felony or attempted forcible felony.

http://www.talkleft.com/legal/flalaw.pdf

776.041 (2) I expect that state will attempt to get a jury instruction that GZ provoked the use of force. I don't think there is any evidence to justify such an instruction, but Nelson will probably give BDLR such an instruction if he asks.

http://caselaw.findlaw.com/fl-district- ... 19915.html


GZ could not get immunity pursuant to 776.032 unless he proved by a preponderance of the evidence that he was not the initial aggressor. However, that does not negate his ability to assert self-defense pursuant to 776.041. The State has the burden of negating self-defense beyond a reasonable doubt.

A parent allowing a kid to pipe thug music into his head on a regular basis should constitute criminal child abuse.

If my husband exposed our children to anything - be it music, pseudo-music, tv, anything else with that language and/or attitude and/or violence and/or violent imagery; or vice-versa, if I did, the legal system would be the least of that parent's problems. And the grandparents would insist on getting in the front of the line in dealing with the errant parent.

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All posts are my own opinion and do not necessarily reflect the views of Random Topics. Differences are allowed here.

Rump:

They put 30 PJs in the box and, as they are eliminated, one of the others (10) are brought in to take his/her place. They keep 30 in the box all the time. When there are no more to bring in they keep going until there are 10 left and that's the jury and alternates.

HLN quoting Joey Jackson who I do like, strike the pregnant lady, she doesn't *value life* when she says, *people die all the time*.

She said something about seeing people die in her job?

Nurse perhaps?

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

Thanks.

You sure about that? Each side can only strike 10.

They were aiming at 30.... each side to eliminate 10. It seems silly to do it as you suggest. They will end up with 20 and too much power then in Nelson's hands?


I guess they would bring a spare in if Nelson dismissed for cause?

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

It took me FIVE pages to catch up! Thank you all so much for keeping track of the day=to=day BS.(oops) I get home, read sites, a couple of tweets then it is off to sleep. Schedule should be easing up a bit in the next week or two. and I will be able to get more active.

Do you have to have cable to watch the trial or will one of the "air" (free) stations be doing that for free?

Hi Deb

I of course know nothing about US broadcast TV, but there are MANY sites streaming in live to your computer... FREE and ad-free

Bunch of links at the start of the hearing thread.. I favour Wildabouttrials... which I repeat link to each day.

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

Anyone else having any concerns about West, he sometimes seems not to be in the moment.

Truth be told I have been thinking this was going to be a slam dunk for the prosecution. Now that I have seen the PJ's jurors, there could be a good chance if the right final six are seated, that George has a good shot.

If you watch it on television television (OTA or cable), they'll cut away at exactly the wrong times for commercials and the rest of the time you'll be hearing their talking heads instead of the judge and the lawyers.

So if you've got anything better than dial-up, watch an internet stream.

I'm thinking along the same lines. If the jurors have been close to honest, I agree. While many did mention the talking points, I was surprised at the number who seemed to not buy the narrative. Perhaps the narrative and media spin has backfired...

Each lawyer can request the judge strike for cause. They can also ask for more strikes. I hope they have enough with the 40 and don't have to bring in more PJs. The defense asked for it to be raised from 30 up to 40.

The judge won't have too much power.

I trust the jury consultant in this case.

I don't have concerns. I think he is a good lawyer. He has a lot on his mind which I think is always working and may be a little ahead of the moment.

They ONLY have 10 strikes each side... and WONT be getting more from Nelson??

It makes NO SENSE to involve the "extra 10" unless Nelson does dismiss somebody for cause, and even then, only if both sides use all 10 strikes.

Please supply a link if you have read what the procedure is.

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

I'm not sure I believe they have all been honest. And, the ones who seem to not have bought all the media spin might not have made it through. I have a poor memory so I can't say. I do agree that a lot of the narrative and media spin has backfired because people who have seen the new pictures of Travon and all he was involved in along with information about George have changed their minds. We just have to keep trying to get the truth out there.

Diana Tennis @TennisLaw
Keep in mind jurors will be "lined up" by the order we met them in..and after Q'ing selected (by elimination) in same order. Except..

...Except that the Judge may keep LAST ten to side to insert into "cause" challenged seats from first 30--adding a lot to strategy for everyone