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Appeal court grants George Zimmerman's request for new judge (Judge Lester gone)
Orlando Sentinel ^ | August 29, 2012 | Rene Stutzman

Posted on 08/29/2012 2:13:47 PM PDT by abb

The Fifth District Court of Appeal in Daytona Beach today ruled that second-degree murder suspect George Zimmerman should get a new judge.

A three-judge panel of that court concluded that Circuit Judge Kenneth Lester Jr. in Sanford went too far when he wrote that Zimmerman is a manipulator and made a veiled threat to hold him in contempt of court in the future. Ads by Google

"Although many of the allegations in Zimmerman's motion [for a new judge], standing alone, do not meet the legal sufficiency test, and while this is admittedly a close call, upon careful review we find that the allegations, taken together, meet the threshold test of legal sufficiency," the appeal court wrote in its opinion.

The appelate panel directed Lester to "enter an order of disqualification which requests the chief circuit judge to appoint a successor judge."

snip

(Excerpt) Read more at articles.orlandosentinel.com ...


TOPICS:
KEYWORDS: blackkk; florida; georgezimmerman; lester; trayvon; trayvonmartin; zimmerman
This just in!
1 posted on 08/29/2012 2:13:55 PM PDT by abb
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To: abb

http://www.5dca.org/Clerk/George%20Zimmerman%2012-3198/5D12-3198.op.pdf

The document.


2 posted on 08/29/2012 2:14:32 PM PDT by abb ("What ISN'T in the news is often more important than what IS." Ed Biersmith, 1942 -)
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To: abb

Wow! Nice!


3 posted on 08/29/2012 2:15:34 PM PDT by chris37 (Heartless.)
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To: abb

Yes!


4 posted on 08/29/2012 2:15:50 PM PDT by Ken H
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To: abb

Great news! Finally, some judges who believe in justice.


5 posted on 08/29/2012 2:18:10 PM PDT by Cicero (Marcus Tullius)
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To: abb

Florida Rule of Judicial Administration 2.330 requires a trial judge to grant a motion to disqualify without determining the accuracy of the allegations in the motion, so long as the motion is “legally sufficient.” R.M.C., 77 So. 3d at 236.

“A motion is legally sufficient if it alleges facts that would create in a reasonably prudent person a wellfounded
fear of not receiving a fair and impartial trial.” Id. (citing MacKenzie v. Super Kids Bargain Store, Inc., 565 So. 2d 1332 (Fla. 1990)).

Although many of the allegations in Zimmerman’s motion, standing alone, do not meet the legal sufficiency test, and while this is admittedly a close call, upon careful review we find that the allegations, taken together, meet the threshold test of legal sufficiency.

Accordingly, we direct the trial judge to enter an order of disqualification which requests the chief circuit judge to appoint a successor judge.


6 posted on 08/29/2012 2:19:17 PM PDT by abb ("What ISN'T in the news is often more important than what IS." Ed Biersmith, 1942 -)
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To: abb
Very pleased!!

Told ya his attorney reminded me of a young, skinny Perry Mason.

Now all "Perry" needs is one witness (and I believe there is one) who actually saw the little angel Tray doubleback and nail Mr. Zimmerman.

All Tray had to do is take 50 steps and he would have been home.

7 posted on 08/29/2012 2:25:13 PM PDT by Sacajaweau
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To: abb

I saw the dissenting opinion in that .PDF, and the dissent was over the degree of Lester’s conduct. This is great George Zimmerman won the appeal, but he got it by the skin of his teeth.

Let’s hope for better luck in the future when he gets (hopefully) a fairer Judge.


8 posted on 08/29/2012 2:27:01 PM PDT by Cyber Liberty (Obama considers the Third World morally superior to the United States.)
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To: Cyber Liberty

Read it for what it is. Judges don’t like throwing other judges under the bus.

They toss the judge a bone when stating things about sufficiency, stand-alone points etc ... but he’s been put on notice that his conduct was unbecoming.


9 posted on 08/29/2012 2:36:07 PM PDT by Usagi_yo
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To: Usagi_yo

I was just going to ask how much of a slap-down this is. Apparently a pretty good one.


10 posted on 08/29/2012 2:39:38 PM PDT by Ken H
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To: abb

Stupid court. The allegations are fact and taken alone they mean the judge needs to be tossed off the bench!


11 posted on 08/29/2012 2:41:55 PM PDT by CodeToad (Be Prepared...They Are.)
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To: Usagi_yo

I agree. In the end, Lester got slapped and that’s a good thing. This was a binary thing, either Zimmerman won the appeal or he did not, which is rare in law these days. No victory ever seems complete.


12 posted on 08/29/2012 2:42:21 PM PDT by Cyber Liberty (Obama considers the Third World morally superior to the United States.)
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To: abb

No More Lester


13 posted on 08/29/2012 2:47:31 PM PDT by Jeff Chandler (Whatever a homosexual union might be or represent, it is not physically marital. - F.Cardinal George)
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; ColdOne; Convert from ECUSA; ...

Thanks abb.


14 posted on 08/29/2012 3:10:36 PM PDT by SunkenCiv (https://secure.freerepublic.com/donate/)
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To: abb
Report: "Appeal court grants George Zimmerman's request for new judge (Judge Lester gone)"

Comment: Good! Zimmerman gets a deserved break.

15 posted on 08/29/2012 3:13:59 PM PDT by AEMILIUS PAULUS (It is a shame that when these people give a riot)
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To: Jeff Chandler
No More Lester

Yeah! Let's have some Jeffster to celebrate!

16 posted on 08/29/2012 3:43:56 PM PDT by backwoods-engineer (My game is disruption. I will use lethal force --my vote-- in self-defense against Obama.)
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To: abb

BUMP


17 posted on 08/29/2012 3:59:15 PM PDT by kanawa
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To: abb

xref

http://www.freerepublic.com/focus/news/2924327/posts


18 posted on 08/29/2012 5:48:47 PM PDT by kanawa
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To: abb

Too many judges watching American Idol. They like the suspense of a 2 to 1 decision and a close call at that. But atleast they went the right way. Now put an end to this travesty and dismiss this case.


19 posted on 08/30/2012 4:59:17 AM PDT by Uncle Chip
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