I heard some talking head say at this point the Judge could throw the case out, even if GZ is found guilty. How is that possible or should I stay away from 4 A.M. news shows?
The Trayvon Martin Case
- Thread starter DiamondDust
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If people in the U.S. are racist don't go to China, India, or Russia. Bammmmmmmmmmm America
http://www.washingtonpost.com/blogs...s-most-and-least-racially-tolerant-countries/
http://www.washingtonpost.com/blogs...s-most-and-least-racially-tolerant-countries/
A defendant (or Respondent in what I do) always does a motion for a directed verdict/ motion for summary judgment/ motion for judgment notwithstanding the verdict when the prosecution/plaintiff/ petitioner "rests" after presenting their case in chief. It is POSSIBLE for a Judge to grant that motion (just like any other motion), but in most circumstances, a Judge denies the motion.
When Can a Judge Throw Out a Jury's Verdict?
It is technically possible to overturn guilty verdicts where the evidence does not support the verdict, or there was some mistake or misconduct surrounding the trial.
Be honest, in light of what we all know is going to happen if he's not found guilty. What are the odds of Zimmerman NOT being found guilty? It doesn't matter what level of reasonable doubt the defense proves this cat will be found guilty. Just to keep the riots from taking place.
I am not a very good predictor of what a random group of people will decide. The prosecution's case is really weak, and I would hope that the jurors would have the courage to do what is right, but you never can tell.
Just for kicks and giggles. What do you think the verdict will be? This is a message board. Stating your opinion won't get you killed.....yet. :biggrin2:
It feels like a football game. I like where my team is, but on any given day, the ball could bounce wrong, and I fear my desired outcome is in jeopardy. I believe Zimmerman should walk, and all the race baiters should pound sand. My attitude will be 'it serves you right' if rioters are removed from the population. If he is convicted, it will fly completely against the law and the known evidence. So, thinking objectively, I think 100% not guilty, but my fear and general lack of faith in people brings my confidence down to about 50%
I don't think the jury will care one bit that 'there might be riots', and they will decide according to the evidence.
I therefore expect he'll be acquitted, though that is based on what little coverage I've read.
I therefore expect he'll be acquitted, though that is based on what little coverage I've read.
I've watched about a week's worth. I think I watched enough to hear everything that's been publicized in this case. I just don't see enough there to convict. But again, if you want a sure fire way to screw something all you need are two things. People and time.
I agree that Zimmerman will be acquitted. In my estimation, the prosecution has failed to even build a reasonable case against him, much less prove guilt beyond a reasonable doubt. Even the state's owns witnesses seem to be far more beneficial to the defense than the prosecution.
It's a lot of speculation for them to make a case. Some will say the state is wasting taxpayer money (which in truth they probably are since this appears to be very weak), but on the other hand, the DA is an elected official. Dismissing a case like this probably equals a loss at the polls.
I hope they will too. I predicted a hung jury at the beginning but that was before anything started. Based on the evidence he should have NEVER been charged. Pure race baiting by race hustlers started all of this. If he is found guilty I would not be surprised at all if the judge tossed the conviction. Several lawyers I have talked to said they would not even call witnesses at the point. The prosecution HAS TO prove elements that equate to 2nd degree murder. So far all they have done is proved the defense's assertion of self defense.
IIRC, The actual DA turned the case down but was overruled by the state AG, who brought in her own prosecutor. I'm not totally sure that's how it turned out...
Sure seems that way. I think the bill should be sent to the Hollywood crowd, the race baiters, and Obama. There needs to be a penalty for recklessness.
Being an attorney, it's my wont to examine each side of a case. On balance, I think he should be acquitted. However, I see an argument - and the prosecution will make it in final arguments - that he abandoned "SYG" when he went after Martin. The history of the law in this area is that, before 2006 in Alabama, you were required to retreat to the max reasonable degree possible before using deadly force. If you were in your home, you were presumed to have retreated as far as you could and you were permitted to use deadly force without further retreat. The intent of the SYG laws was to transport this doctrine to outside the home. If Zimmerman had been on the way home and were jumped by Martin - absolutely no problem - he can avail himself of STG. He blurred that line by tracking Martin - not the most comfortable case for a prosecutor. If he's convicted, I think it will be on this basis and I will be very interested in the judge's jury instructions. (Someone may have posted this above, but I'm not reading 60+ pages to find out...)
Edit: By saying before 2006 in Alabama, that was just an example. That was really the common law everywhere, going back centuries...
Edit: By saying before 2006 in Alabama, that was just an example. That was really the common law everywhere, going back centuries...
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Since you are an attorney, I have a question.
Trayvon Martin's parents have been in the courtroom during all testimony, I think. Zimmerman's parents were asked to leave prior to the beginning of the trial because they were going to testify at the trial. It looks like, at least I've heard on TV, the prosecution will be calling Trayvon's mother to the stand.
Question: How can one side, parents of defendant, be asked to leave since they are going to testify, but the other side, prosecution, can call one of the parents as a witness when they've been sitting in court, each day, I think? I don't have a side in this court case, I was just wondering if this is justice: I don't see a balanced scale in front of me. I do think that Zimmerman would not be in trouble if he had complied with a request made when he called 911. Something to the effect: don't pursue the person in question. He should have let legal authorities handle the situation.
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