missmazzy
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- Mar 24, 2013
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This Prosecutor is not very effective. But then again I'm used to the very best prosecutor.
Can't wait for closing arguments.
I agree, we were spoiled.
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This Prosecutor is not very effective. But then again I'm used to the very best prosecutor.
Can't wait for closing arguments.
Thanks. I think if the judge is prepared to work those hours so should the defense. West should retire if he cant take a full schedule to the point it impacts him physically. And a lot of the long days is due to motions of their own. That is just imo moo etc.
ETA and i wouild feel the same if it was one of the prosecution complaining about hours too. They should already be prepared
So GZ was out of shape and got over his head with his little chase the bad guy game so he says you loose, pulls out a gun and blows the kid away. What a tough guy. IMO
I agree with you. Empathy either way is not good in a court of law, IMHO, as it clouds and compromises neutrality and objectivity, which is so crucial to true justice. IMHO, justice trumps "PC"ness, justice and truth are at the core of our values and must prevail, sleuthing is after all about getting through the layers and clues to arrive at the truth. This is why I'm going by evidence alone, trying to avoid opinions, and to detach myself from feelings for either side, but of course how I see the evidence inevitably pulls me like a magnetic force field to one side.:facepalm: :seeya:
IMO, GZ would be the LAST person I would use to advertise ANYTHING!
IMO, the judge's ruling on the admissibility of the text messages is reversible error.
http://www.3dca.flcourts.org/opinions/3D09-2781.pdf
FLORIDA VS LUMARQUE:
At an in limine hearing, the trial court found the two images and one text message the ex-wife testified to admissible, but concluded the remaining exhibits inadmissible as the ex-wife could not authenticate them. The court erred. The images and text messages were found on the defendants cellular telephone, seized pursuant to a search of the defendants home through a warrant shortly after the alleged incident. This fact, testified by the States forensics expert, is sufficient to authenticate these exhibits. U.S. v. Caldwell, 776 F.2d 989, 1001-02 (11th Cir.1985) (holding that authentication of evidence merely requires a finding that the evidence is what it purports to be). It also is immaterial that the ex-wife could not identify each of the messages being shown to her on the night of the incident. Regardless how these images and text messages might have found their way onto the defendants cellular telephone, the State has presented sufficient evidence at this stage that these exhibits constitute evidence of motive. Craig v. State, 510 So.2d 857, 863 (Fla.1987) (stating that evidence of motive is admissible when it would help the jury understand other evidence). Accordingly, they are admissible into evidence at the trial of this case upon the State laying the proper predicates as indicated by this opinion
IMOIMOIMO
GZ was not able to defend himself without a gun. IMO
I watched it and it was actually kind of funny but I felt bad for West; he also mentioned his health can't handle these hours and he was just so frustrated and MOM put his hand on West's arm b/c the Judge just stopped listening and walked off and West just kind of put his hands up in resignation of the whole thing.
And good morning all and thanks for the thread Fran
IMO, the judge's ruling on the admissibility of the text messages is reversible error.
http://www.3dca.flcourts.org/opinions/3D09-2781.pdf
FLORIDA VS LUMARQUE:
At an in limine hearing, the trial court found the two images and one text message the ex-wife testified to admissible, but concluded the remaining exhibits inadmissible as the ex-wife could not authenticate them. The court erred. The images and text messages were found on the defendants cellular telephone, seized pursuant to a search of the defendants home through a warrant shortly after the alleged incident. This fact, testified by the States forensics expert, is sufficient to authenticate these exhibits. U.S. v. Caldwell, 776 F.2d 989, 1001-02 (11th Cir.1985) (holding that authentication of evidence merely requires a finding that the evidence is what it purports to be). It also is immaterial that the ex-wife could not identify each of the messages being shown to her on the night of the incident. Regardless how these images and text messages might have found their way onto the defendants cellular telephone, the State has presented sufficient evidence at this stage that these exhibits constitute evidence of motive. Craig v. State, 510 So.2d 857, 863 (Fla.1987) (stating that evidence of motive is admissible when it would help the jury understand other evidence). Accordingly, they are admissible into evidence at the trial of this case upon the State laying the proper predicates as indicated by this opinion
IMOIMOIMO
Yes but that is not what happened here, it was just a kid walking home from the 7-11 who had no ill will against GZ IMOIf you walk into a group of gang members and you are armed, and the gang members decide to jump you and then you pull out the gun and kill one of them because you're afraid, you're not a fault or a 'tough guy' for walking into a group of gang members. You're defending yourself.
Imagine what kind of trial this would be if GZ had made it to the store and his gun mis-fired or discharged in error, killing someone in the store.
I think GZ put himself in a position to have to defend himself. He followed TM. Yes, you have the right to defend yourself, and if you have a CWC you have the right to carry a gun, but at some point couldn't GZ have avoided all of this, up to the point of the shooting. Were where TM's hands at the time of him holding down GZ and hitting or banging his head? They weren't grabbing a gun, and where were GZ's hands at the time of the beating? Could he have pushed TM off and used his gun to just hold him there until cops came? When someone is on top of you and you shoot them, wouldn't up push them off of your body and to the side? How did TM end up face down? What I am I missing? IDK, no matter how this ends up, it won't be good.
Yes but that is not what happened here, it was just a kid walking home from the 7-11 who had no ill will against GZ IMO