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Jenkins facts are inconsequential, actually that they're more severe than the zimmerman facts, is just ignorant of the fact or at least its application to the law. similarly the state seems to ignore the reality of the leasure case. sometimes bad facts make bad law but let's look it the leasure case for a minute. you may remember the case. it wasn't that long ago. it's a case where miss leasure stated to 911 three completely separate cases of the events of what happened, he shot himself, i shot him, i sat him in self-defense, the gun went off accidentally. if those are the type of inconsistenc...

Acquittal for the malice or the intent prong. and the law appears to be virtually identical but i want to draw back to one thing. the bottom of that page and moving on to the next page, circumstantial evidence standard does not require the jury to believe the defendant's version of the facts if the state produces conflicting testimony. even when a defendant's theory of events is not clearly contradicted by direct evidence, a judgment of acquittal is not required, a common sense view of the circumstantial evidence might lead the jury to disbelieve the defendant's theory. they go on to cite some...

The first is leasure versus state, 105 southern 3rd 5. that is the second dca opinion from october of last year. beginning on page 10 i believe of the court's copy, under headnote 3, outline column 3, where they discuss the motion for judgment of acquittal as to self-defense, the court says this and briefly the factual scenario is this -- at trial leasure raced two arguments toward acquittal, that the state failed to overcome her allegation of self-defense. when a defendant claims self-defense, the court said, she bears the initial burden of presenting a prima facie case of