The Trayvon Martin Case

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selmaborntidefan

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IMO this is double jeopardy, but I'm sure some ambulance chaser would try to explain why it isn't.
No, while I'm not a lawyer, this is not double jeopardy. All double jeopardy means is that once a verdict is returned regarding a crime, you cannot be tried for that same crime. So much legal language is fictive. How often do we hear "innocent until proven guilty?" That only applies in a courtroom as far as an assumption. It has no real power anywhere else.
 

seebell

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No, while I'm not a lawyer, this is not double jeopardy. All double jeopardy means is that once a verdict is returned regarding a crime, you cannot be tried for that same crime. So much legal language is fictive. How often do we hear "innocent until proven guilty?" That only applies in a courtroom as far as an assumption. It has no real power anywhere else.
I know it is not legally double jeopardy but it sure seems like it to me. Found not guilty in criminal court but then can be tried and found guilty in civil court.!
 
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selmaborntidefan

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I know it is not legally double jeopardy but it sure seems like it to me. Found not guilty in criminal court but then can be tried and found not guilty in civil court.!
Do you mean tried and found GUILTY in a civil court?

Happened to OJ. Happened to the LAPD in the Rodney King case, too.
 

selmaborntidefan

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http://www.legalmatch.com/law-library/article/contingency-fee.html

The percentage of the fee varies. Commonly the fee is 1/3 of what you recover. Some lawyers offer a sliding percentage scale depending on how far the case goes before it’s settled. If you agree to a contingency fee you should found out if your lawyer calculates the fee before or after the expenses.

http://law.freeadvice.com/litigation/litigation/lawyer_contingency_fee.htm
The basic concept of the contingency fee agreement is that the client is out little or no upfront expenses; you as a client do not pay legal fees unless and until you win, and then the lawyer receives a percentage of your recovery as his or her fee. If you lose your case, there is no legal fee at all for the lawyer.

In this case, the Martin lawyers probably raised cain, wrote increasingly threatening letters, filed a lawsuit for maybe $5 million and took depositions from witnesses. Probably spent $3000 and made $300,000. The home owners association insurance paid rather than possibly losing. The Martin's must have had some chance of winning.
I was sued for a million dollars one time. Even though I was , in my mind, completely innocent, when I was faced with the prospect of losing everything I owned, I became very desirous of have my insurance company pay $100,000 to settle. Which they did. I real eye opener for me.
I think they settled because I'll bet you they found out they were probably going to lose in court. Scientific evidence probably vindicates Zimmerman, in which case their kid is dead and they get nothing but lawyer bills. This way their kid is dead but they get SOMETHING out of it, and probably more than they deserve - because as I said I'll bet you they found out Trayvon DID jump him and caused it.
 

SavannahDare

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I imagine the lawyers on this case take a third. I imagine the lawyers for any future civil case against whatshisface will cost a pretty penny (let's face it, they're not going to get a dime out of him). How much does Uncle Sam take in judgments like this? Anyone know? I would guess nearly half.
 

selmaborntidefan

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I imagine the lawyers on this case take a third. I imagine the lawyers for any future civil case against whatshisface will cost a pretty penny (let's face it, they're not going to get a dime out of him). How much does Uncle Sam take in judgments like this? Anyone know? I would guess nearly half.
When they ruled against Bernard Goetz in NYC, the top end was ten percent & he made minimum wage.
 

seebell

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I imagine the lawyers on this case take a third. I imagine the lawyers for any future civil case against whatshisface will cost a pretty penny (let's face it, they're not going to get a dime out of him). How much does Uncle Sam take in judgments like this? Anyone know? I would guess nearly half.
Good question! I guess it would be considered ordinary income. What's the top rate. 39%?

http://blog.oregonlive.com/taxes/2008/10/question_from_christopher_octo.html

To determine if settlement amounts you receive by compromise or judgment must be included in your income, you must consider the item that the settlement replaces. The character of the income as ordinary income or capital gain depends on the nature of the underlying claim.


Where's all the accountants and lawyers when we need them?
 

swoop10

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Sorry selma ,you are right. I meant found guilty. I will edit my post so I will appear less dumb.
Boy are you going to have a busy day. Not only will you have to do your Honey-do list but you are going to edit all posts where you sound dumb. Good luck getting all of that done. ;)
 

selmaborntidefan

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That picture may speak a thousand words.

Fact is that if the media had not spun this case as they did - nobody would know or care outside of the immediate families and friends.
 

DzynKingRTR

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opening statements started today. i am pretty sure Zimmerman is going to get convicted. i just realized i have no idea what Martin looked liked at the age of his death (the only pic i have ever seen is the Obamaesque 12 year old.
 

Bazza

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IMHO the prosecution should have charged GZ with manslaughter rather than 2nd degree murder. Why? Because a prosecution for 2nd degree murder is presented differently than it is for manslaughter.

Personally I think GZ acted in self defense and thus is not guilty of murder.

Ultimately when you look at all the bruises cuts, and the broken nose of G.Z......I don't know how anyone could think G.Z. was the aggressor here.

T.M. on the other hand had a history of thug behaviour.

I think this is how the jury will ultimately decide the case. G.Z.'s wounds vs. T.M.'s history for violent behaviour.
 
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