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To: ConservativeInPA

The fact that his toxicology report shows THC establishes that he was “high” as reported by Zimmerman is all that is needed to establish the fact. The fact he has a photo of pot plants shows that he has a propensity to smoke pot on other occasions. This is clearly not admissible under Rule 404 (B).

I have practiced criminal law for almost 30 years for both prosecution and defense and tried well over 100 criminal jury trials as. I have also served as a judge. No jury will see the pot photos in court.


29 posted on 05/24/2013 10:21:04 AM PDT by henkster (I have one more cow than my neighbor. I am a kulak.)
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To: henkster

Good to know. I am not a lawyer and I am ignorant about those things.


32 posted on 05/24/2013 10:28:42 AM PDT by ConservativeInPA (Molon Labe - Shall not be questioned)
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To: henkster

Well, if the prosecution argues that his death destroyed the possibility of him making a contribution to society by achieving his dream of becoming a plant and wildlife photographer...

But otherwise, no.

BTW: have you taken a look at how “Profiling” fits into the picture under Florida’s statute?


37 posted on 05/24/2013 10:40:13 AM PDT by ArmstedFragg (hoaxy dopey changey)
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