Page 2 - Fourth Dca Case News Today : Breaking News, Live Updates & Top Stories | Vimarsana

Words that i said about the whole case is quite instructive. it allows for no other determination that since my client has now presented self-defense through the state's case, but it is now affirmative evidence of why he acted in the way he acted, that since the state cannot exclude a reasonable hypothesis of innocence based upon their circumstantial evidence, that the judge should grant acquittal. that's under walker. walker also cites woods. it's the woods case which also cites another supreme court case which is barwick. in 1995 it also sort of began the premise in florida law that the judg...

We have one eyewitness in this case, john goode, i think, would present a scenario very similar to that presented by the state witnesses in hernandez/ramos. that is that we know and it is completely uncontroverted that mr. martin was the aggressor in that he had mounted mr. zimmerman, refused suggestion by mr. goode to stop doing what he was doing and continued the attack. similar to hernandez/ramos, the state's witnesses in that case suggested that the victim in the case was aggressor. again, that case similarly was suggested that judgment acquittal should have been granted. now, that is look...

Its reasonable hypothesis of self-defense what it is and specifically contradicted by the state's case. under walker, woods, barwick, and now stieh, they have failed to do that. so if we look at stieh, which is interesting, out of the second dca. i don't know that i quoted it. i apologize if i have already. stating that the joh should have been granted once the defense had presented a prominent case of self-defense. it goes to a pretty good analysis of 776. in that case they were talking about defense of others. of course, the same standard applies as we have here today. jenkins, i think, is o...

Court to be an innocent bystander and that belamy mav reached out and decided to start stabbing people, including this guy, there was no ill will or hatred found in that case either. they mention this that case, particularly cite a number of cases with the proposition that you really -- ill will and hatred almost always and only comes from people who know each other before the event begins because it is almost impossible for that ill will and hatred to grow so quickly in the middle of a fray or a fight or an altercation such as we have here. whiley versus state 60 southern third 588, interesti...

Issue of the circumstantial evidence and the direct evidence, what exists, and whether or not my client has presented a case of self-defense. i think that if you reach that alone, then the case should be dismissed presently at judgment of acquittal. as i said a moment ago, we don't -- i can't say, judge, can i stop and let you rule and i'll start over it you don't, so i have to continue as though you're not following my first track and i'll go to my second track and the second track is whether or not should the court not agree that a case of self-defense has not been proven and to the fact tha...