Skip to comments.George Zimmerman Judge Rejects Motion to Dismiss the Case
Posted on 07/05/2013 5:55:22 PM PDT by 2ndDivisionVet
click here to read article
I say this while checking one of my (ancient) degrees.
I say this while checking one of my (ancient) degrees.
That decision could have been mailed it.
That puts to rest all the criticism that his defense team took about not filing for a pretrial immunity hearing.
“Whatever happened to the truth?”
It was determined in pre-trial hearings that all of the negative things about Traydmark would be ‘too prejudicial’.
Sybrina Fulton was in Miami, not Sanford, the night Martin died. Martin was staying at Brandy Green’s house, not Fulton’s.
So are you saying that you could care less about your pet peeve?
at my workplace years ago, we made up, “disirregardlessly”. :)
It is exceedingly rare for judges to grant these motions. But if ever there was a case that warranted it, it was this one. The prosecution failed to make ~any~ sort of case that could lead any reasonable person to believe Zimmerman was guilty of Murder 2. For this to go to the jury to decide the facts of the case... what facts might those be? What facts are lying on the table at all? None that have any bearing on guilt. There’s nothing for the jury to decide, unless they come up with a whole new fact set that is neither alleged or in evidence.
I wouldn't rate "unintelligent" as a superlative, since there are varying degrees of the condition. A person with an IQ of 70 might be said to be unintelligent, while one with an IQ of 50 could be said to be less unintelligent than one with an IQ of 70. The former, then, could be said to be unintelligent, while the latter could be said to be very unintelligent.
At least I don't think she can, but I am not a lawyer and don't live in Florida.
Where in the heck is that in Fla. Law?
And that, I think, may have opened the door for the defense to examine her as to a possible ulterior motive for lying about her identification of the voice as being Martin's.
Fine, except that they presented zero physical evidence or eyewitness testimony to that effect.
The NSA and IRS will make sure they return the proper verdict.
I’m not sure how this person became a judge. This is quite scary. Affirmative action at a judiciary level?
The defense attorney was correct to bring the motion, but the judge was correct to dismiss it. Prosecution has presented enough evidence that the trial should be decided by the jury.
The dear judge already got the word. The bosses at FoxNews, CNN, and MSLSD need the trial to go on until Egypt, Benghazi, Snowdon, NSA, etc. have a chance to die down. Things were getting a little too hot and this trial is a nice summer change of pace. Let it play out and by the time the riots are over, who will care about anything that happened way back last September?
...while one with an IQ of 50 could be said to be less unintelligent than one with an IQ of 70.”
Wouldn’t a person with an IQ of 50 be MORE unintelligent [less knowledgeable] than one with an IQ of 70?
What “interfering” do you mean? This article describes a motion brought at the proper time and adjudicated.
This was exactly the same reasoning by Justice Breyer in discussing Koran-burning, i.e. violence creates exceptions to constitutional protections. This particular "school of legal thought" will not end well.
Not quite right. The ruling was that the defense could not ask that witness about it at that time. It might yet come up but I am not sure if the “door” has been “opened” already, or can be opened in the process of the defense case.
I don’t think George’s statement “he might be high or something” is enough.
The defense will call their own medical expert — the one who literally wrote the book that “I know nothing” Bao consulted for his own testimony today. His interpretation of the M.E.’s report, which is in evidence, might be the stuff.
Please describe the "facts" presented by the State vs. the elements of Murder2.
I believe that Zimmerman's only hope for not being killed in prison by black inmates during his first month there is total isolation from the rest of the inmates for the entire long prison term that the obviously biased judge will no doubt lay on him when he's convicted. IMHO this trial has been preordained from day one to punish Zimmerman and whites in general whether he's guilty of a crime or not.
If anyone thought that prior to the time when Civil Rights laws were enacted white "justice" was actually white IN-justice in many if not all criminal cases involving blacks, (and as a native-born small town southernor who was born and raised during that time I admit that it often was) then they must now admit that the worm has turned, the shoe is on the other foot, and any other "old saying" that I can remember now applies in reverse to the current situation.
What “valid point of law,” required a judge to take something out of the juries hands.
You're a big boy, I'm sure that you're familiar with the evidence the prosecution has presented. Besides, I really don't feel like doing homework on a Friday night by typing up all those points.
I'm not saying that Zimmerman is likely to get convicted based on that evidence, nor am I saying that I personally believe Zimmerman to be guilty. I'm saying that for any motion to dismiss criminal charges at the end of the prosecution's case-in-chief, the prosecution's evidence is looked at in the light most favorable to the prosecution. Further, there is a presumption that the judge should rule on the law, but the jury should be the trier-in-fact.
Here's the applicable case law...
The evidence must be considered in the light most favorable to the State, with the State being entitled to every reasonable inference of fact arising from the evidence. See State v. Brown, 310 N.C. 563 (1984); State v. Easterling, 300 N.C. 594 (1980). This is true even if that same evidence also would support reasonable inferences of the defendants innocence. State v. Scott, 356 N.C. 591 (2002). Discrepancies and contradictions, even in the States evidence, are for the jury to resolve and do not warrant a dismissal. State v. Henderson, 276 N.C. 430 (1970). The ultimate question for the trial judge is whether a reasonable inference of defendants guilt may be drawn from the circumstances. State v. Lee, 348 N.C. 474, 488 (1998).
“Well, there’s an avenue for investigation before the Jury. “
Err, nope. The judge ruled that the Toxicology Report would not be entered into evidence. Even though Zimmerman said Martin looked/acted like he was on drugs, and the Tox Report showed he had THC in his system.
Can’t be getting any dirt on the sainted victim, now.
Seems IMHO that a reasonable person as Judge would dismiss. The State has shown nothing beyond a reasonable doubt.
Did St. Tray have the Skittles and Tea on him when he was offed?
Wow, where’s the grace?
Oh good grief...
Why did they put this woman on the stand?
I’m glad I don’t follow this all that close. This is flat out depressing!
Mom Trayvon? Is that you? LMAO
Ahhh, obsess much?
Thanks. Couldn’t you toss in some expletive capital letters ‘er nothin’? Har...
I used to be a criminal defense attorney. I have never actually witnessed a judge dismiss the case after the prosecution presented it's case-in-chief.
You were quite clear, in retrospect.
we need an exact timeline for St. Tray and his parental units and accomplices.
I can see not granting the dismissal on Political Grounds. The "referee" is on the take (not untypical for the State to support the State - based on personal experience).
A different Freeper explained this a while back, and it matched what I always suspected: the phrase “I could care less” actually comes from the saying “I could care less, but I don’t see how”. Now people just say they could care less without thinking about how it sounds.
I’ve been doing so much reading in the last 30 hours or so, that I’m just hitting on empty. Didn’t mean to tweak some folks...
Yes, I goofed.
LOL. You must LOVE “strategery”. :-)
Grace does not equal silence.
You've proved my point.
The prosecution has failed to prove it’s case,a dismissal was in order.
Metalurgist..., no, you just proved mine.
You don’t need to get so worked up over something like this.
I’m not sure what’s going on in your life, but this really isn’t something you need to go into full attack mode over.
Relax. You’ll get through this...
The woman who raised Travon is Alicia Stanley. It is not clear she was a ‘step-mother’ in the legal sense but that’s what she calls herself. She raised Travon from the time he was a toddler until fairly recently when the father left her for the next girlfriend, Brandi. Not sure if there is a marriage certificate in any of this. Definitely no divorce papers.
Travon’s birthmother did not raise him and it’s not clear how much Tracy the father was involved in his life. The father is a former gang member (the Crips). He recently had his gang tats covered up by religious images. Wonder why. $$$$$ LOL
Didn’t realize one could be a FORMER member of the Crips. hmmm