Skip to comments.'Stand Your Ground' hearing could potentially clear Zimmerman in Trayvon Martin shooting
Posted on 08/09/2012 9:35:57 AM PDT by 2ndDivisionVet
George Zimmerman, accused in the shooting death of Florida teen Trayvon Martin, could be cleared of a second-degree murder charge if a judge rules in his favor in a new "Stand Your Ground" hearing.
Zimmerman's defense attorney Mark O'Mara announced on his website Thursday that there will be a "Stand Your Ground" hearing based on his client's claim he shot the unarmed teen in self-defense. A finding in Zimmerman's favor would end the criminal case against him, as well as immunizing him from civil action.
"Now that the State has released the majority of their discovery, the defense asserts that there is clear support for a strong claim of self-defense. Consistent with this claim of self-defense, there will be a 'Stand Your Ground' hearing," said O'Mara in a statement....
(Excerpt) Read more at foxnews.com ...
They will make it up in book sales and the Spike Lee movie.
This whole thing is a PC nightmare.
Just in time for the race riots to begin before the election!
Zero will use this for riots before the election.
The essence of this law is that that you have no "duty to retreat" from an assault if you are in your house or vehicle; which isn't the case here.
(Normally, if you are out in public and are attacked, you are supposed to retreat if possible before using deadly force in self defense. Not so now if you are in your house or car).)
Zimmerman never had a chance to try to retreat, he was flat on his back. He was under unprovoked attack, and he used lawful deadly force to stop the attack. "Duty to retreat" had nothing to do with it, under the circumstances.
I am for George 150%, he should never have been charged in the first place!!!
However I see zero chance of THIS Gay Judge going in that direction. I also believe (not being a lawyer) that They have made a terrible misjudgment if it is true they are not appealing the Judges removal.
One would doubt that a judge in Fl. has the guts to toss the case. Eventually it will come down to a jury.
The law was changed a few years ago. Now, if you have a right to be in any public place you can claim SYG. No longer do you have to be in your home or vehicle.
Think about what that would do. The riots will be in cities and the crime will be directed at all non blacks.
How do you think those white voters will vote? For the guy who just like those rioters? I doubt it.
“I don’t know about everyone else, but I’m armed and ready, and I won’t be fooling around”
Yep, me too just like the Koreans in the last riots in Los Angeles.
Thanks for the clarification. Your mileage may vary, depending on which state you live in.
I thought there was damning evidence that the state was going to present that showed some sort of intent or racial bias. No?
I thought the Fed dismissed the “hate crime” angle following an investigation. No?
I hope the GOP is planning a response pointing to the divisive influence Barrack Obama has on our nation. Obama is like a comunicable disease in America. There is more “hate” in this country today than there was when he was elected....
The poor hate the rich.
The blacks hate the whites.
Women hate men.
Agnostics hate Christians.
Liberals hate businesses.
Tax payers hate the moochers.
Government hates capitalism.
Peaceniks hate the military.
Greenies hate all fossil fuels and energy in general.
Wall Street hates Bernanke and Gietner.
The DOJ hates the 2nd Ammendment
Redheads still hate the sun (no change there).
Response: It has been decreed that Zimmerman is to be convicted, sent to jail where he will be killed. In addition his family will be crushed by a non-dischargeable judgment. The following rule is being formulated: "Never resist a black assault." The Medieval rule i.e "one never assaults a Noble" is being revived. However,today it is the black that is being ennobled.
The riots at the 1968 Dummycrat convention on TV there for America to see gave Nixon the election in a landslide......
A landslide? Surely you jest!
Behold the October Surprise. Nationwide race riots just before the election, so that martial law can be proclaimed and the elections suspended, thus keeping the Kenyan in power in perpetuity.
Watch for an MSM media blitz featuring Congressional Black Caucus members, proclaiming that the miscarriage of "Justice for Trayvon©" is justification for burning cities and bloody streets, and how only The Won True Post-racial Dear Leader can restore order, and admonishing the proles not to "change horses in midstream".
© 2012 by Sabrina Fulton, All Rights Reserved.
Hence the term, "noble savages".
I understood it the way you described as well.
I thought the person that wrote the Florida Stand Your Ground legislation has said that it doesn’t apply to Zimmerman.
Don’t bet on it. The judge is in the bag, and he’ll have no problem ruling against Zimmerman regardless.
Not exactly. It goes further. While I don't know the specifics of the law state to state as many states now have a form of it, the significance of "Stand your Ground" laws is that it protects a citizen in any circumstance against prosecution where lethal force is used in self defense. They specifically abolish a requirement to retreat in any circumstance when threatened, hence the name "Stand Your Ground."
The courts have always recognized a citizens right to defend themselves with lethal force in the home or in their car when faced with an imminent threat. Laws often trapped citizens because they had to prove what they thought about an attackers intentions (just give them your wallet and you wouldn't have been harmed for example). Then citizens were prosecuted on the decisions they made based on what they should have thought immediately following initiation of the event. Prosecutors argued that they acted before they knew whether the perp had a weapon for example. "Stand Your Ground" makes self defense more objective and less subjective.
This case is relatively unique in that GZ's actions as an attentive citizen led to the confrontation that resulted in the necessary use of deadly force. Had GZ ignored the suspicious individual and went on his way, there would have been no confrontation. But GZ did nothing illegal and should therefore not be responsible for TM's death.
Not so under the protection of "Stand Your Ground" laws. You can stand your ground in any circumstance in which you are legitamatly faced with a threat of harm or death.
ping for your insight
Rat tactics don't always work.
I can't predict if riots will swing the election for or against Zero, but I do know the Rats are perfectly willing to have them, and want their base (minorities) offended, and they don't expect the non drone white vote under any circumstances. The drones will always vote Rat.
Nah, they'd easily risk riots.
I looked for, and didn't see a set date for this proceeding- I believe that it will not happen before the election.
Thanks for the clarification, I guess I was wrong. I’m in Ohio, and we have “castle doctrine” which I thought was the same thing. Looks like we need SYG...
Lyndon Johnson's 61.1% to Barry Goldwater's 38.5% in the 1964 presidential election
Franklin D. Roosevelt's 60.8% to Alf Landon's 36.5% in the 1936 presidential election
Richard Nixon's 60.7% to George McGovern's 37.5% in the 1972 presidential election
Warren Harding's 60.3% to James M. Cox's 34.1% in the 1920 presidential election
Ronald Reagan's 58.8% to Walter Mondale's 40.6% in the 1984 presidential election
Theodore Roosevelt's 56.4% to Alton B. Parker's 37.6% in the 1904 presidential election
James Monroe's 231 electoral votes to John Quincy Adams's 1 electoral vote in 1820. (99.2% margin)
Franklin D. Roosevelt's 523 electoral votes to Alf Landon's 8 electoral votes in 1936. (97% margin)
Ronald Reagan's 525 electoral votes to Walter Mondale's 13 electoral votes in 1984. (95.2% margin)
Richard Nixon's 520 electoral votes to George McGovern's 17 electoral votes and John Hospers's 1 in 1972. (93.3% margin)
Naaah, you don’t think this kids folks have been riding this whole thing for notoriety or monetary inducements now do ya?
And you don’t think fringe crazy groups may be USING them to further their AGENDAs now do ya?
Shocked I am.
Lest anyone think we here at FR are being inconsiderate or rude of Rats, or the Rat party by referring to them as Rats, let me underline the point that we generally always try to maintain the proper respect for 'Rats by capitalizing the word 'Rat. This gives them their appropriate and well-deserved dignity and reverence to their cause.
I am not a lawyer (Disclaimer). But you might be surprised to find out what all is in your Castle Doctrine. There are many states that have adopted forms of this law as well. This gives citizens to defend their property with lethal force. You no longer have to call the police and quietly watch criminals steel your truck in the driveway. Castle doctrine allows you to confront the perps in defense of your property. If a lethal situation occurs as a result of the encounter and you are forced to defend yourself with lethal force, Castle Doctrine provides justification for your defense (as I understand the law).
It obviously also provides for your defense of your castle (home). But specifically allows you to defend your property.
Did you see that the parents applied to the crime victim' fund in FL?
Additionally, the naming of them as Rats began when they complained and whined about having the letters Rats in their name. They brought it to the attention of FReepers who gladly joined in the fun and it has stuck to this day.
Florida's version of Rodney King.I would like to see George Zimmerman counter sue them for false imprisonment, mental anguish, slander... etc....
I am certain that Alan Deshowitz would love a shot at the prosecutor and Trayvon's parents.
One way or the other, they will find an excuse.
The part of the Stand Your Ground law that says there is no duty to retreat from anyplace you lawfully are does not apply. So, the "stand your ground" part of the Stand Your Ground law is inapplicable.
For reasons unknown to me, people also refer to the statutory immunity for justified use of force in self defense as "stand your ground." I call it immunity. It's wrapped up in the same body of law, Chapter 776 of Florida Statutes, that is commonly referred to as "Stand Your Ground."
Florida criminal law practice allows a person who is charged with the unlawful use of force, to claim the use of force was justified under Chapter 776. This "your use of force was justified" conclusion can be obtained in a hearing before a judge, and even if the judge doesn't grant it, a defendant can assert self defense at trial.
The burden of proof is on defendant to show his use of force was justified. he must produce a preponderance of evidence in favor of self defense. Preponderance means "more likely than not" or roughly 51-49, it was self defense.
If the judge rejects the claim immunity because the force was a justified matter of self defense, defendant can appeal the hearing result. An appellate court will overturn a trial judge, if the trial judge does not have clear and convincing evidence that the use of force was not justified self defense.
Any hearing in this case will come sometime after October 3. I'll be surprised if there is an immunity hearing before next year. All the players are deliberately slow-walking the resolution of the case.
Write it on a rock.
I suspect dems fear this case is draining white working class votes away from dems.
Anyone notice how the MSM has dropped this story?
The MSM - New York Times - and all dropped it because higher ups in Dem PR firms quit feeding them stuff to cover. Liberal elites know it’s a loser - just like gun control - it could cost them votes.
<>A finding in Zimmerman’s favor would end the criminal case against him, as well as immunizing him from civil action.<>
Not only him but the property owners, the HOA and its insurer Travelers. They all have a vested interest in an acquittal at an SYG hearing, because if not then Sybrina and the Crumpers will be coming after them, no matter what happens at a subsequent trial.
This announcement may be connected to Traveler’s filing in federal court to eliminate their liability:
leaving the HOA and the property owners on the hook as the turnips that a coming Crump lawsuit will try to squeeze blood out of — if the SYG hearing fails to acquit Zimmerman.
What if the riots prevent many Americans from voting? It’s a question that has to be asked given the ‘Justice’ Dept.’s capitulation to the New Black Panther Party’s voter intimidation.
Me too. I see no reason for him to accept the order. I think there is plenty of time to petition for a writ of prohibition, since the matters before the court are "in motion" with no action to take place before October. There is probably a 30 day or so time deadline for filing the "appeal" to the adverse order.
I don't think Lester will go out of his way to show impartiality. /s Meaning I think he;ll be even less likely to accept Zimmerman's statements as truthful now, than he would have been if the Motion for Recusal had not been filed. I think Lester is the type to hold a grudge.
You need to be careful. In Colorado we have the "Make My Day" law, similar to Castle Doctrine. It will shield you if you defend yourself in your home and fear for your life or personal harm. If you attempt to protect your property outside you house you can and will be prosecuted.
The vast right wing conspiracy of right wing legislation... not like the left has PC as a way to impose moral high grounds and sinister “higher powers” of democratic psychological blackmail to bow to.
Ohio has the most prosecution friendly legal standard against self defense, too. In every other state, the prosecution must prove (at trial), beyond a reasonable doubt, that the action was not self defense. In Ohio, the prosecution only has to show it was less likely self defense - preponderance of the evidence, running in the prosecution's favor.
My sentiments exactly
they must have figured they could not get this thing to trial before the election so if they can get it thrown out sometime in October let the cities burn and gin up the black voters.
I would prefer they call it self-defense, the left is turning SYG into a murder permit and making it sound like a strange and radical law suddenly created out of thin air.
<>Did you see that the parents applied to the crime victim’ fund in FL?<>
Yep — it was applied for on behalf of the mother Sybrina who wasn’t even taking care of him, and whose salary at her housing agency job is about $68,000/yr, on top of her take from the Trayvon Martin Trust set up to go right into the Martin family pockets.
This is the form that would have to have been filled out for her to get the money from the fund. Note section 9:
Supposedly this application had been approved at the AG office way back in March. How is that possible without the person filling out this form not to have committed perjury???