jjr495 wrote:
Apparently Cleve Molette knows a thing or to about being the aggressor:
http://www.homefacts.com/offender-detai ... lette.htmlAn inmate with access to legal books or the internet?
http://www.gpo.gov/fdsys/granule/USCOUR ... etail.htmlRumpole wrote:
From the TalkLeft link.....
Cleve Molette
Offense/Statute: SEXUAL BATTERY AGAINST CHILD UNDER 16 YOA
Date Convicted: 23 March 2010
Heh, I was just coming here to post that. This guy's a real winner.
It seems the guy
likes to file frivolous lawsuits and pleadings.
As for the substance of his amicus pleading: it is based on a false premise. Apparently, Mr. Molette has reading comprehension issues. To wit:
Cleve Molette in his amicus pleading wrote:
1. Rule. Florida Standard Jury Instructions 3.6f requires a jury to be instructed with respect to Fla. Stat. 776.041, Aggressor, "only if the defendant is charged with an independent forcible felony."
2. Analysis. George Zimmerman was the defendant and was charged with murder, Fla. Stat. 776.08 (2013) states "'Forcible Felony' means...murder, manslaughter..."; George Zimmerman was both the defendant and was charged with a forcible felony; Then, pursuant to Florida Standard Jury Instructions 3.6f, the jury should have been instructed with Fla. Stat. 776.041, Aggressor, concerning George Zimmerman with respect to whether Zimmerman committed a forcible felony against Trayvon Martin, or whether Zimmerman initially provoked the use of force against himself. There was no instruction with respect to Aggressor concerning George Zimmerman the the case's final jury instructions. [See final jury instruction page 12.]
3. Conclusion. When a defendant is charged with a forcible felony, the jury is required to be instructed regarding the Aggressor statute as to the defendant. The general rule is that this instruction will be given even in the absence of a party request. There was substantial evidence to warrant the "Aggressor" instruction. The "Aggressor" instruction was central, fundamental and went to the gist of this case. The Zimmerman jury was not so instructed. Therefore, this error in jury instruction requires that a new trial be GRANTED.
It would appear that Mr. Molette overlooked one critically important word:
independent.
Zimmerman was not charged with an independent forcible felony. "Independent" means
other than the act of homicide itself. (Note that this is the same sort of nonsense the State tried to introduce with the felony third-degree murder lesser-included charge, on the claim that Zimmerman was simultaneously committing an independent act of
child abuse.)
The State did not charge Zimmerman with any crime other than homicide. The State did not allege, argue, or present evidence to prove that Zimmerman committed any independent forcible felony.
On a side note: I think we now have definitive proof that CherokeeNative/Teeto has been Catfishing all this time.