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PostPosted: Fri May 10, 2013 3:21 am 
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George Zimmerman Seeks Anonymous Jury
By Jeralyn, Section Crime in the News
Posted on Thu May 09, 2013 at 10:00:52 PM EST

Quote:
Lawyers for George Zimmerman today filed a motion asking the jury in his upcoming trial over the shooting death of Trayvon Martin be anonymous. The motion is here.

It's pretty unusual for a defendant (as opposed to the prosecution) to ask for an anonymous jury (sometimes called an innominate jury.) Will the state object? In at least one case, that of an outlaw motorcycle gang, the state defended a judge's discretion to order an innominate jury. (An innominate jury is one in which all information about the jurors is disclosed to the parties, with the exception of the jurors' names, addresses, and exact place of work. Some courts use the term "innominate," instead of "anonymous" because anonymous connotes a "clandestine, forbidden, and obscure" jury panel.)

Among the factors that may warrant an anonymous/innominate jury in Florida is where "extensive publicity that could enhance the possibility that jurors’ names would become public and expose them to intimidation and harassment."
[...]
In related news, the state filed a motion to continue to depose Shellie Zimmerman. The motion is available here. Her lawyer intervened during her initial deposition and asserted her fifth amendment privilege. He also said she had not been endorsed as a witness, with which O'Mara and Don West agreed. The state claims O'Mara did endorse her (it refers to his witness list, where she does not appear as a named witness) and even if he didn't, it has a right under another statute to depose her.

How is it possible that the defense says it did not list her and the state says it did? The state says it listed her as a potential witness, after which the defense filed a witness list that included (the standard refrain) that it reserves the right to call “any witness identified through State’s discovery not otherwise disclosed herein”. I'm no expert on Florida deposition rules (Florida is one of the few states that allow pre-trial depositions in criminal cases) but I think it's an incredible stretch to claim the defense, by reserving its right to call a witness named by the state (whom the state could decide not to call) is a listed defense witness.
[...]
My opinion: State fail on this one. I just wonder why Shellie's lawyer initially agreed to the deposition and didn't invoke her 5th Amendment rights at the outset. Had he refused to make her available citing her 5th Amendment rights, the state would have had to issue a subpoena and he could then have filed a motion to quash.

....more at link
http://www.talkleft.com/story/2013/5/9/ ... ymous-Jury

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PostPosted: Fri May 10, 2013 2:28 pm 
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From GZ Legal Site

http://www.gzlegalcase.com/

http://www.gzlegalcase.com/index.php/di ... -discovery


Petitioner's Replies to Responses to Petition for Writ of Certiorari

on 10 May 2013.
The following have been filed with the 5th District Court of Appeal:

PETITIONER'S UNOPPOSED MOTION FOR LEAVE TO RESPOND AND TO ACCEPT REPLY AS FILED
http://www.gzdocs.com/documents/0513/pe ... _leave.pdf

PETITIONER'S REPLY TO RESPONDENT STATE OF FLORIDA'S RESPONSE TO PETITION FOR WRIT OF CERTIORARI
http://www.gzdocs.com/documents/0513/pe ... _state.pdf

PETITIONER'S REPLY TO BENJAMIN L. CRUMP, ESQ.'S RESPONSE TO PETITION FOR WRIT OF CERTIORARI
http://www.gzdocs.com/documents/0513/pe ... _crump.pdf

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PostPosted: Fri May 10, 2013 2:44 pm 
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Rumpole wrote:
PETITIONER'S REPLY TO RESPONDENT STATE OF FLORIDA'S RESPONSE TO PETITION FOR WRIT OF CERTIORARI
http://www.gzdocs.com/documents/0513/pe ... _state.pdf

PETITIONER'S REPLY TO BENJAMIN L. CRUMP, ESQ.'S RESPONSE TO PETITION FOR WRIT OF CERTIORARI
http://www.gzdocs.com/documents/0513/pe ... _crump.pdf


By my reading, those are solid responses.

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PostPosted: Fri May 10, 2013 2:54 pm 
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I freely admit IANAL But I can recognise an argument well presented. It seems good to me.

I would be interested in the opinion of those who know more about the law and the cases cited.

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PostPosted: Fri May 10, 2013 2:59 pm 
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Heads up:

I have created a thread for the next hearing

HEARING: Various matters? (5-28-13)
viewtopic.php?f=48&t=925#p36733


It is locked until closer to hearing date (May 28) but please PM me if you come across info that might be relevant.

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PostPosted: Fri May 10, 2013 3:37 pm 
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I would have also argued that special circumstances (publicity, security concerns, costs) of the case justify a pre-trial appeal of a discovery order, citing the case involving the pre-trial appeal of the change of venue order in the case where the cop shot a black guy riding at him on a motorcycle. The point is that the case law precedent says something like "discovery orders are not ordinarily appealable before trial." I would have stressed that this is far from an ordinary case. I would have also presented MJW's arguments regarding the absence of common law privilege in Florida and the differing sources of work product in criminal and civil cases, and also argued that GZ's constitutional rights trump any work product.


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PostPosted: Fri May 10, 2013 3:43 pm 
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Here is the Allstate case cited by MOM as supplemental authority in the reply.

http://www.4dca.org/opinions/Mar%202013 ... 095.op.pdf


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PostPosted: Fri May 10, 2013 4:48 pm 
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My Attorney Bernie by Blossom Dearie


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PostPosted: Fri May 10, 2013 5:47 pm 
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unitron wrote:
In addition to their network reporter, the front row will also contain NBC's O&O from Miami and another NBC broadcast affiliate.

It's kind of strange and amusing to see Mr. Knechel listed under his internet name, or "nom de series of tubes", as the late Senator Stevens might have put it.

As I understand it, where who is seated was determined by lottery, so all that NBC-ness right behind Zimmerman is just co-incidence.

With WTVJ right seated next to them - the Miami affiliate, aka NBC6, also caught editing the NEN call. It could be a coincidence, of course... Very random.

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PostPosted: Fri May 10, 2013 6:33 pm 
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John_Galt wrote:
I would have also argued that special circumstances (publicity, security concerns, costs) of the case justify a pre-trial appeal of a discovery order, citing the case involving the pre-trial appeal of the change of venue order in the case where the cop shot a black guy riding at him on a motorcycle. The point is that the case law precedent says something like "discovery orders are not ordinarily appealable before trial." I would have stressed that this is far from an ordinary case. I would have also presented MJW's arguments regarding the absence of common law privilege in Florida and the differing sources of work product in criminal and civil cases, and also argued that GZ's constitutional rights trump any work product.

When they should have fair knowledge of most every argument available, most of us are probably left wondering why they did not use them. I have no clue to the answers there.


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PostPosted: Fri May 10, 2013 7:02 pm 
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Rumpole wrote:
My Attorney Bernie by Blossom Dearie

That is great. :98


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PostPosted: Sat May 11, 2013 2:25 am 
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From CTH..................

State V. Zimmerman – Defense Reply to AG Pam Bondi – RE: Writ of Certiorari
Posted on May 11, 2013 by sundance

Yesterday the defense posted three new attachments to the George Zimmerman defense. The first was a motion to the 5th District Court of Appeal stating the defense response to Benjamin Crump’s attachment to the State of Florida’s response to the Writ of Certiorari filed by Mark O’Mara. The second was the actual reply to Benjamin Crump’s position.

The Third, and more important of the filings, was the reply to the District Court directly to the State of Florida’s position as asserted by Florida Attorney General, Pam Bondi: (link to motions below)

It should not take long for the Fifth District to rule on the request for Writ. Hanging on the decision is the actual deposition of Martin family attorney Benjamin Crump. The ruling could go either way, depending on what legal authority your talk to – this one seems to be a toss-up. The considerations in both directions are filled with legal wonk-speak.

However, if O’Mara wins, and the Fifth DCA rules in his favor, then future rulings from Judge Nelson will be of particular interest. Followers of the case would objectively assert that Nelson’s rulings, so far, have been favorable to the State prosecution team.

A Writ to override her ruling of no deposition for Scheme Team Leader, Benjamin Crump, by the appellate court, may cause her pause moving forward.

At the very least it may further offend her already delicate sensibilities.

.... more at link (Comments)
http://theconservativetreehouse.com/201 ... ertiorari/


See Link to Motions in Documents thread...

DOCUMENTS AND LINKS etc *NO DISCUSSION*
viewtopic.php?f=48&t=195&p=36755#p36755

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PostPosted: Sat May 11, 2013 4:04 am 
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From Crap Watchers......

Big HAT TIP :51 to.... KimmyK :86

If she had not posted this I would have missed it... :lol

Well worth sharing.

Battlefield Florida 2013



Announcing KimmyK's appointment to the position of "Rumpole's Mole" (2nd class) (Assistant assigned to Crap Watchers)

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PostPosted: Sat May 11, 2013 10:10 am 
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Wild Bill reminded me of that NBBP reward issue that seemed to fall off the table. How could that be ignored by every entity that could hold the authority to investigate it as a crime?


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PostPosted: Sat May 11, 2013 10:18 am 
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Rumpole wrote:
Announcing KimmyK's appointment to the position of "Rumpole's Mole" (2nd class) (Assistant assigned to Crap Watchers

Congratulations KimmyK, you must be so proud. :69


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PostPosted: Sat May 11, 2013 11:51 am 
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What? No appointment for papapipi????


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PostPosted: Sat May 11, 2013 1:17 pm 
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Darkman wrote:
Buzz builds over jury notices for George Zimmerman trial

[...]

Oliver, who led protests last year pushing for Zimmerman’s arrest, said she wants a fair trial for both sides.


I've never read of the right to trial for the state, nor am I aware of any UN-fair trial any state experienced.


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PostPosted: Sat May 11, 2013 2:33 pm 
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Thanks to KIMMYK for the Battlefield 2013 video! It's good you put her nosiness to useful use, Rumpole! :91

Hope Wild Bill's word spreads. It is nice that Wild Bill is organizing action to stand up to the race-baiters. They have gone too far with the attempted lynching of George Zimmerman. Their threats need to be stopped. Why do they think no one is going to fight back? :40


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PostPosted: Sat May 11, 2013 2:50 pm 
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Yes I am always one to give credit where credit is due.

And it warranted a brief OFF TOPIC acknowledgement....

:OT

(Continue the laughs at the Daily Daft Thread)

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PostPosted: Sat May 11, 2013 3:52 pm 
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Darkman wrote:
Buzz builds over jury notices for George Zimmerman trial

[...]

Oliver, who led protests last year pushing for Zimmerman’s arrest, said she wants a fair trial for both sides.


I do worry about Jury selection.

As I commented recently I saw one of the alpha cretins at JQ discussing the fact that she was called to jury duty.. and was a hairs breath away from sitting on a Murder2 Jury :eek

The worry is not just what biases she would take into any cases... but rather her demonstrated lack of ability to grasp facts put before her and to analyse information.

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