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July 5, 2013
Those facts are not close. one of the final cases i cited to your honor is the case of hoffman versus state, and i think i even saw this in the defendants packet as well. the court cited -- this is the 5th district court of appeal, cited the familiar standard ive gone through several times, under headnotes 1, 2 and 3. a motion for judgment of acquittal must be denied unless there is no legally sufficient evidence on which a trier of fact can base a verdict of guilt. in considering the morgs all ...
July 5, 2013
Coverage of the george zimmerman trial. we have mark omara arguing in favor of an acquittal of their client. >> not do i have to bend over backwards, do i have to ignore common sense to make this case go to the jury. if it was the standard as suggested by the state, there wasnt be an appellate case granting a j.o.a. ever because under their standard, im understanding some indication of some set of facts that can support a jury deciding guilt. no, not in a circumstantial evidence case and if this...
July 5, 2013
Defense and expectedly so. but even he says i never actually saw or even heard any blows really land. nobody heard 50 screams. i think theres a significant reason for the jury to question that even assuming that the defendant shot trayvon martin in some form of self-defense, that doesnt end the inquiry. and i know -- i think its been oversimplified. professor carter alluded to this. no, the standard is whether it was reasonable that he feared imminent death or great bodily harm. now, the defense...
July 5, 2013
Familiar. however, even when there are no other witnesses to the events besides the defendant and in this case there werent, even mr. good was long gone before the shot took place, a jury is not required to accept the defendants testimony in support of her self-defense theory as true. instead it must consider the probability or improbability of the defendants credibility in light of the circumstances established by other evidence. numerous inconsistent statements to the 911 operator and then to ...