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Emanuel burgess, who was this one-person crime spree through retreat view circle who got five years in prison for his bevy of burglaries in that area. you were the sentencing judge in that case when he came before you about a year and a half ago. so, yeah, an unfortunate circumstance. that doesn't allow the outrageously over response by mr. martin. sticking to the ill will and hatred argument, basically in the light case, it was just not ill will because the courts looked to two other cases for the instruction on ill will, spite, and hatred, that being williams versus state. mcdaniel versus st...

Thompson 5527224. that's an aggravated battery case where he tried to stop a fight, was attacked. defendant backed up, brandished a gun. aggressor continued to approach. defendant shot him. and that was where the court reversed the conviction on that, suggesting that the judgment of acquittal should have been grant ed. the hernandez/ramos case, again cited in jenkins, gives some good insight into a similar fact scenario. in that case, evidence was there that the defendant took some effort to ward off the attack or end it without violence. the state's witnesses in that case uniformly identified...

That's state versus ellison. 19. and -- i'm sorry, your honor. that's sigler, 805 second 32. i mention those cases because they were the high-speed cases, factually different from this case but interesting because in both of those cases the defendant, one, had just escaped from prison. another had stolen a car, i believe, were high-speed chases, 80, 90 miles an hour, running through intersections, running over curbs, running through toll booths and just acting about as outrageously as you can act in a vehicle and in both of those cases the court said that even

Close. jenkins was in his house. a guy was outside making a lot of noise. he went outside. jenkins tried to minimize the altercation. the eventual victim in the case made a maneuver towards him, punched him in the face, wobbled back goes jenkins. then the assailant comes again. jenkins takes out a knife, catches him in the heart, he passes away. jenkins, the case, as opposed to the facts, is very significant. jenkins goes through and cites about seven cases, which is the recent history of judgment of acquittal cases in self-defense cases. judgment of acquittal issues and self-defense cases and...

When you run into somebody and kill them, that's not ill will, spite, and hatred. there's no, in effect, transferred intent from when you act as outrageously negligent as you might act to steal a car and do 80 or 90 miles an hour through a crowded area, running people out of the way and then finally killing somebody, that's not ill will, spite, or hatred. so i mention those for that purpose. another case, state versus ellison -- i'm sorry. that was one of the two i just mentioned to you, your honor. i apologize for that. that was one of the two cases where in that case the high-speed chase was...