s2s2s2: cretinbob: s2s2s2: cretinbob: because he got out of his car.

Which is not stalking.
herp.

stalking (new window)

intransitive verb
1
: to pursue quarry or prey stealthily
2
: to walk stiffly or haughtily

A vocabulary, you should get one

So he was walking stiffly? Because apparently, you misread #1.

Keep farking that chicken.

s2s2s2: Give only if the defendant is charged with an independent forcible felony. See Giles v. State, 831 So. 2d 1263 (Fla. 4th DCA 2002).
1. (Defendant) was attempting to commit, committing, or escaping after the commission of (applicable forcible felony); or

Define applicable forcible felony. Define after paragraph 2 if both paragraphs 1 and 2 are given. Forcible felonies are listed in § 776.08, Fla. Stat.
2. (Defendant) initially provoked the use of force against [himself] [herself], unless:

a. The force asserted toward the defendant was so great that [he] [she] reasonably believed that [he] [she] was in imminent danger of death or great bodily harm and had exhausted every reasonable means to escape the danger, other than using deadly force on (assailant).

b. In good faith, the defendant withdrew from physical contact with (assailant) and clearly indicated to (assailant) that [he] [she] wanted to withdraw and stop the use of deadly force, but (assailant) continued or resume ...

Ooops

That's for the instruction labeled "1", which specifically addresses felonies, not for the instruction labeled "2", which only addresses provocation.

Ooops.

xebeche_tzu: Dow Jones and the Temple of Doom: Political pressure trumped justice in this case.

Justice would have been served if the murderer of a child were never charged?

Hey now. Why should the unarmed black kid get the benefit of the doubt? After all, history is written by the winners.

themeaningoflifeisnot: As long as that tiny shred of evidence exists, the prosecution must bear the burden of proving beyond a reasonable doubt that George Zimmerman was not justified in using deadly force against Trayvon Martin.

We don't even know yet whether Florida's 'Stand Your Ground' is applicable to this incident.

If Martin attacked Zimmerman unprovoked, it does.
If Zimmerman provoked Martin, it doesn't.
If Zimmerman didn't have reasonable cause for fear of imminent death or great bodily harm from his unarmed teenaged assailant, it doesn't.
If Martin had stopped attacking Zimmerman when the shot was fired, it doesn't.
If Martin never actually attacked Zimmerman, it doesn't.

These are not determinations a police detective can conclusively make at the scene, These are questions to be decided within the legal system.

That a law's applicability can only be evaluated in court, but this law explicitly takes steps to discourage its applicability from being evaluated in court, is part of the reason why it a badly, badly flawed.

gameshowhost: Would everyone please read the following summary and stop trying to guess FL's laws and procedures?

http://www.lexisnexis.com/lawschool/study/outlines/html/crim/crim02. h t m (new window)

"NOTE: In Gray v. State, 13 So. 2d 114 (Fla. 5th DCA 2009), the Fifth District Court of Appeal of Florida (governing Sanford, Florida, the site of the Trayvon Martin shooting) adopted the procedures outlined above in Petersen, holding that the right to immunity from criminal prosecution afforded by Section 776.032 is to be determined by the trial court after an evidentiary proceeding in which the criminal defendant has the burden of proof by a preponderance of the evidence. Id. at 114."

Presuming that this goes to trial and Z's camp invokes Stand Your Ground as an affirmative defense -- there is the phase where Z must display (a temporarily-shifted burden), by a preponderance of the evidence, such claimed immunity.

/more than esoteric

I'm going to keep goddamned posting this until everyone admits that he/she has goddamned read it.

s2s2s2: You have evidence he didn't try to get away? Might have been hard with someone on top of him.

You may want to read the part of my post where I said Not sure this makes much of a difference, because we don't have the facts they do. But I find it interesting nonetheless.

I don't pretend to have more facts than the prosecution. You apparently do. I was commenting on the construction of the jury instruction and admitting I didn't have enough facts to apply the jury instruction to this case.

ChuDogg: I still the prosecutor went for a direct charge because of grand jury failed to indict the State would have egg on their face and riots would break out.

Wat? There's no way a prosecutor could prove malice aforethought beyond a reasonable doubt, given what we know. Murder one wasn't in play.

gameshowhost: ChuDogg: I still the prosecutor went for a direct charge because of grand jury failed to indict the State would have egg on their face and riots would break out.

Wat? There's no way a prosecutor could prove malice aforethought beyond a reasonable doubt, given what we know. Murder one wasn't in play.

And why it was left up to the prosecutor instead of a grand jury

ThrobblefootSpectre: b) jubilant that he is being charged. (See my Boobies.)


That's quite jubilant. I hope they charge him with something else tomorrow
and the day after
and the day after that.

dahmers love zombie: 6. Zimmerman immediately commences legal action against Al Sharpton (and NBC, for allowing Sharpton to continue broadcasting what was will be called a vendetta against an innocent man). Zimmerman gets wealthy, moves somewhere, changes name, lives happily ever after.

Now if I were a bettin' man, I'd put good money on you screaming bloody murder the second someone dared suggest BillO the Clown had something to do with the murder of Dr. George Tiller.

ChuDogg: Why didn't it fully cycle? Because someone was holding onto the slide. If the gun slide doesn't slide all the way back, then the next bullet cannot be pushed into place by the magazine spring.

Or because it's a POS or poorly maintained.

I suppose it doesn't matter at this point. Either way, his life as he knew it is over. Either he's a convicted murderer and will go to jail or be put to death, or he will be found not guilty and get the Knox, Anthony treatment. Not that I think that's wrong, because clearly the justice system doesn't get them all right, just pointing out a fact.

Thunderpipes: Lynch mobs now are legitimate, from the President on down. No evidence needed, just mob anger and the race card. This will end well......

Drama queen.

Bit'O'Gristle: "We did not come to this decision lightly," Corey emphasized. "We do not prosecute by public pressure or petition."

Ok, so let me get this straight. He shot and killed a guy in "self defense". The local police and states attorney wouldn't charge him because of the "stand your ground" law, and lack of real evidence to support a murder charge. That was fine, nobody in the Federal government really cared. Then all the "adders on " celebs jumped on the bandwagon, to get their name and face back in the news, and screamed "THIS IS A OUTRAGE" And suddenly, you care enough, and have enough evidence to arrest him and charge him with murder, but only because people are raising a stink, and you have been told to "take care of this" by your bosses.

So ya..even though i believe the guy killed him in cold blood, it looks EXACTLY as if you are bowing to public pressure.

It really looked like she was happy, almsot had a Meryl Streep Oscars acceptance speech quality to her, and she was making wierd gassy noises like she was drinking out of a champagne flute before taking center stage.

bugontherug: dahmers love zombie: 6. Zimmerman immediately commences legal action against Al Sharpton (and NBC, for allowing Sharpton to continue broadcasting what was will be called a vendetta against an innocent man). Zimmerman gets wealthy, moves somewhere, changes name, lives happily ever after.

Now if I were a bettin' man, I'd put good money on you screaming bloody murder the second someone dared suggest BillO the Clown had something to do with the murder of Dr. George Tiller.

Why?

ChuDogg: My last post, but if anybody wants to see how hard it will be for a murder one conviction, consider the following.

[i39.tinypic.com image 625x352]

Police found a single shell casing at the scene, and when they seized George Zimmerman's handgun, a Kel Tel 9 mm, its magazine was full, according to a source close to the investigation. The only bullet missing was the one in the chamber, the source said.

Link (new window)

Why didn't it fully cycle? Because someone was holding onto the slide. If the gun slide doesn't slide all the way back, then the next bullet cannot be pushed into place by the magazine spring.

If this is true, it shows a scuffle over the gun. The prosecution can claim that Zimmerman chased Martin, confronted Martin, initiated contact with Martin, drag audio analysts to say it he said "coons" or even that it was Martin screaming, or everything else that has been alleged by the lawyer and the media, but if Zimmerman can show that Martin had grabbed his gun at the time of the conflict and he had no choice but to shoot, he couldn't fall under the "demonstrating a depraved mind" at the scene to qualify for a murder charge.

The next time someone pulls a gun on you in close quarters after stalking you for some time, whatever you do, DON'T REACH FOR THE GUN. Just hold still and let him shoot you in the chest.

stoli n coke: Thunderpipes: Lynch mobs now are legitimate, from the President on down. No evidence needed, just mob anger and the race card. This will end well......

Yeah, lots of people get mad when an armed rentacop wannabe shoots an unarmed teenager that he was following for no good reason.

As for the case, the prosecutor blew it. She could get convictions on Manslaughter or Criminally Negligent Homicide, but she had to go for the big charge.

It's like Florida prosecutors learned nothing from Casey Anthony.

Anthony was charges with murder one, so maybe they are just learn slowly