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PostPosted: Fri Aug 10, 2012 7:09 pm 
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Rumpole - The Golden Thread


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PostPosted: Fri Aug 10, 2012 8:27 pm 
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Thanks!!
In England, Barristers are #1 I understand, like Drs. are here in the U.S.
Not sure why that difference ...


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PostPosted: Fri Aug 10, 2012 11:48 pm 
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Yet another EXCELLENT post by "TalkLeft" (Jeralyn Merritt) at TalkLeft Forum

http://forums.talkleft.com/index.php/to ... 7.600.html


Quote:
I think it won't make a difference.

The question will be whether GZ's believed he was in imminent danger of serious bodily injury or death after Trayvon hit him and whether that belief was reasonable.

All this business about who was where at what moment has nothing to do with what happened after TM hit GZ.

Following TM isn't a crime, it doesn't negate GZ's right to be wherever he was when TM hit him. Unless GZ provoked TM's punch, his use of lethal force was justified. Even if the judge or jury decides GZ somehow provoked the punches, the question is only whether GZ's belief he had no lesser means available to stop the attack was a reasonable one. John, W-6, has never wavered from his statement that GZ was struggling to get up from under TM. GZ has the evidence of injuries resulting from being hit by Trayvon. The injuries don't have to be life-threatening.

GZ's perception of danger doesn't have to be real, he just has to believe it's real, and the belief just has to be one an ordinary person, if confronted with the circumstances as GZ believed them to be, would find reasonable .

The people continuing to make arguments against GZ based on minute details of location are struggling to come up with an argument for guilt that won't matter a bit in the end, in my opinion.

GZ could take the stand and say yes, he was following Travon the whole time, he knew TM realized it and kept following him, because he thought TM was up to no good and didn't want him to get away, and it wouldn't defeat self-defense. TM still would not be justified in using physical force against GZ, and once he did, GZ had the right to respond -- including with lethal force.

Dee Dee's assumption TM was shoved is inadmissible opinion, she doesn't say Trayvon told her GZ shoved him (had he told her that, his statement might be a hearsay exception and admissible through her) and no other witness has suggested that GZ used physical force against TM before TM hit GZ.

George's inability to exactly recall the sequence of events during a traumatizing incident in which he was injured is not going to render him incredible on why he shot Trayvon, given his injuries, his contemporaneous statements at the scene that he cried out for help and shot TM in self defense, and the statements of witnesses as to what they saw, heard and didn't see or hear which don't contradict his version.

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PostPosted: Mon Aug 13, 2012 6:06 am 
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O'Mara has announced a news conference.

Scheduled Monday, but his office would not provide details.


Watch this space

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PostPosted: Mon Aug 13, 2012 2:38 pm 
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PRESS CONFERENCE 8/13/12 1:45pm

O'Mara has submitted an Extraordinary Writ of Prohibition to Appeals Court. Expects it will be filed and accepted by Appeals Court today but has to wait for clearance from Court Clerk before anything can be made public. Decision can take several weeks - state may be asked to submit a brief on the case as well. O'Mara's writ was 30-40 pages long with 500-600 attachments. Asking for De Novo review (from day one)

Description of applicable writ:

http://www.floridabar.org/divcom/jn/jnj ... 060056CD8B

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PostPosted: Mon Aug 13, 2012 2:41 pm 
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George Zimmerman Legal Defence Site.

http://gzlegalcase.com/

Includes a link to donate to the Defence Fund
http://www.gzdefensefund.com/




Zimmerman Defense Files Petition for Writ of Prohibition

Quote:
on 13 August 2012.
On July 13, the defense team filed a Verified Motion to Disqualify Trial Judge. Judge Lester responded on August 1 by issuing an Order Dismissing Defendant's Verified Motion to Disqualify Trial Judge on the basis that it was legally insufficient. Today the defense team will file a Petition for Writ of Prohibition with the 5th District Court of Appeal.

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PostPosted: Mon Aug 13, 2012 2:46 pm 
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George Zimmerman's lawyer to appeal judge's decision to stay on case
By Rene Stutzman and Jeff Weiner, Orlando Sentinel
2:13 p.m. EST, August 13, 2012

George Zimmerman's lawyer is pushing forward with his fight for a new judge.

Mark O'Mara announced at a press conference this afternoon that he will challenge a decision by Circuit Judge Kenneth Lester Jr. to stay on the case.

In court paperwork, O'Mara had asked Lester to step aside. That's because of a bond order in which the judge described Zimmerman as a manipulator and suggested that he might face contempt of court charges for helping hide $130,000.

But Lester on Aug. 1 rejected the request, writing only that O'Mara's pleading was legally insufficient.

O'Mara had 30 days to file an appeal. Today he said he would.

"We're not going to take any chance of short-cutting my client's constitutional rights," O'Mara told reporters outside his office.

O'Mara also discussed his recent announcement that the defense will seek a hearing under Florida's controversial "stand your ground" law.

He told reporters today that he believes the facts of the case show his client didn't have any option to retreat rather than shoot.

"I think the facts suggest in this case that what probably happened was that my client was reacting to having his nose broken" while lying on his back being pummeled, O'Mara said.

The defense lawyer also reiterated that his client will seek permission – from Lester or, if his appeal succeeds, a new judge — to leave Seminole County. Zimmerman is living in fear, he said, and running out of money.

"He really has to live as a hermit, unfortunately," O'Mara said.

...more at link
http://articles.orlandosentinel.com/201 ... ark-o-mara

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PostPosted: Mon Aug 13, 2012 3:04 pm 
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O'Mara states that this is a case of "Self Defence" rather than strictly SYG....

It has always seemed to me that this is a simple case of self defence

From Kyreth at TalkLeft
Quote:
The Statute says that if attacked in an area you have a legal right to be in, you aren't required to retreat. George, being pinned on his back didn't have an opportunity to retreat so that part of the statute doesn't apply, but self defense still does apply and the statute gives him the right to have the immunity hearing to dismiss the charges on self defense.

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PostPosted: Mon Aug 13, 2012 3:23 pm 
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O'Mara Presser 8/13/12



This YT is now "Private" ??

Here is an edited version:

Zimmerman: O'Mara presser Highlights (8-13-12)


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PostPosted: Mon Aug 13, 2012 6:39 pm 
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Rumpole wrote:
PRESS CONFERENCE 8/13/12 1:45pm

O'Mara has submitted an Extraordinary Writ of Prohibition to Appeals Court. Expects it will be filed and accepted by Appeals Court today but has to wait for clearance from Court Clerk before anything can be made public. Decision can take several weeks - state may be asked to submit a brief on the case as well. O'Mara's writ was 30-40 pages long with 500-600 attachments. Asking for De Novo review (from day one)

Description of applicable writ:

http://www.floridabar.org/divcom/jn/jnj ... 060056CD8B


I'm very happy to see this action. Judge Lester should have recused himself. His bias is extremely obvious to anyone. Zimmerman could never get a fair trial with him as judge.


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PostPosted: Tue Aug 14, 2012 9:09 am 
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Post by "TalkLeft" (Jeralyn Merritt) at TalkLeft Forum

http://forums.talkleft.com/index.php/to ... 7.600.html


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Link to 2012 Florida Statutes
http://www.leg.state.fl.us/Statutes/ind ... N=91748995

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PostPosted: Tue Aug 14, 2012 9:24 am 
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I think it is essential to discuss TM's history. It is relevant to understanding his actions leading up to the shooting
To decree that he is a "victim" and so forbid any discussion of facts about him, (while accepting any old unsubstantiated raving about GZ), is more akin to a Quest for a Lynchin' (as usual), rather than a Quest for Justice.

A Quest for Justice, at a site boasting "Justice for all" would require evaluating all people involved, rather than decreeing the outcome in advance. In order to seek the truth you need to look at all available evidence and information, rather than selectively censor what information can be discussed.

From "myopiafree" at The last Refuge
http://theconservativetreehouse.com/201 ... ent-177668
Quote:
TM had missed school 53 times (for reasons that are not known to us). He was kicked out of school three times in five months. (He obviously did not give a damn about school.) He posted himself as “No Limit Nigga” – with the implications of a violent life-style. He was smoking “Blunts” and was wandering around – generally pissed off at the world. When he saw George, he though he could prove to the girl he was talking to how tough he was – by taking a swing at this “authority” person that was waking across the “T” – so he did. That is indeed assault and battery – which is a felony.

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PostPosted: Tue Aug 14, 2012 12:13 pm 
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Three-judge panel named in George Zimmerman appeal
By Rene Stutzman, Orlando Sentinel
11:51 a.m. EST, August 14, 2012

The three appeals court judges who must decide whether or not murder suspect George Zimmerman deserves a new trial judge were named today.

They include two former Orlando judges and one from Brevard.

The Orlando judges are Alan Lawson and Jay Cohen. The one from Brevard is Kerry Evander.

On Monday, defense attorney Mark O'Mara filed the appeal with the Fifth District Court of Appeal in Daytona Beach.

....more at link
http://articles.orlandosentinel.com/201 ... gela-corey

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PostPosted: Tue Aug 14, 2012 12:40 pm 
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Three-judge panel named in George Zimmerman appeal:

They include two former Orlando judges and one from Brevard. The Orlando judges are Alan Lawson and Jay Cohen. The one from Brevard is Kerry Evander. O'mara filed the appeal with the Fifth District Court of Appeal in Daytona Beach.

Judge C. Alan Lawson
http://www.5dca.org/Judges/Lawson/Lawson_page.shtml

Judge Jay P. Cohen
http://www.5dca.org/Judges/Cohen/Cohen_page.shtml

Judge Kerry I. Evander
http://www.5dca.org/Judges/Evander/Evander_page.shtml

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PostPosted: Tue Aug 14, 2012 12:44 pm 
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The Zimmerman petition has been filed with the 5 circuit as of yesterday.

http://199.242.69.70/pls/ds/ds_docket?p ... earchType=

Fifth District Court of Appeal Case Docket

Case Number: 5D12-3198
Criminal Prohibition Petition from Seminole County

GEORGE ZIMMERMAN vs. STATE OF FLORIDA

Lower Tribunal Case(s): 2012-001083-CFA

08/14/2012 12:43


08/13/2012 Petition Filed Petitioner
08/14/2012 Case Filing Fee
08/14/2012 Acknowlegement Letter 1

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PostPosted: Tue Aug 14, 2012 1:15 pm 
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Petition for Writ of Prohibition

PDF (28 pages)
http://184.172.211.159/~gzdocs/document ... bition.pdf

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Image

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PostPosted: Tue Aug 14, 2012 2:24 pm 
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George Zimmerman Legal Defence Site.

http://gzlegalcase.com/

Includes a link to donate to the Defence Fund
http://www.gzdefensefund.com/




Zimmerman Defense Files Petition for Writ of Prohibition

Quote:
on 13 August 2012.
On July 13, the defense team filed a Verified Motion to Disqualify Trial Judge. Judge Lester responded on August 1 by issuing an Order Dismissing Defendant's Verified Motion to Disqualify Trial Judge on the basis that it was legally insufficient. Today the defense team will file a Petition for Writ of Prohibition with the 5th District Court of Appeal.


Links to the Petition and the 500 pages of attachment

Petition For Writ Of Prohibition
http://184.172.211.159/~gzdocs/document ... bition.pdf

Appendix Index
http://184.172.211.159/~gzdocs/document ... _index.pdf

Image

Appendix 1
http://184.172.211.159/~gzdocs/document ... ndix_1.pdf

Appendix 2
http://184.172.211.159/~gzdocs/document ... ndix_2.pdf

Appendix 3
http://184.172.211.159/~gzdocs/document ... ndix_3.pdf

Appendix 4
http://184.172.211.159/~gzdocs/document ... ndix_4.pdf

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PostPosted: Tue Aug 14, 2012 5:30 pm 
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Defence have 9 DAYS to file a response to O'Mara's Petition


Jeff Weiner@JeffWeinerOS
Notable: Appeal court wasted no time asking for state’s response, and gave only 9 days (20 is typical, according to DCA).

According to TalkLeft (Jeralyn Merritt)....

Quote:
An order was entered today:

ORD-Writs Show Cause w/out Reply

The due date is August 23. It says the the case will not be stayed between now and August 23.

The order says "writs" rather than "writ." I think that means two writs issued, one to Judge Lester and one to the state. I assume the "w/o reply" means the defense cannot file a reply to whatever Judge Lester or the State files in response, but I'm not entirely clear on that.
The Orlando Sentinel reporter says the state was directed to reply, but I'm not convinced the court wasn't also so directed.


So... perhaps Judge Lester gets to make a submission to the appeals Court as well?

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PostPosted: Wed Aug 15, 2012 8:34 am 
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Thanks for the great links posted, and the honest discussion.


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PostPosted: Wed Aug 15, 2012 9:02 pm 
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taurus wrote:
Thanks for the great links posted, and the honest discussion.


Thanks Taurus :42

Not a lot of "discussion" but I am trying to share any good info I find at various places :24

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