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PostPosted: Fri Jul 27, 2012 7:32 am 
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jtmunkus wrote:
... And I hope they charge him with the multiple sexual assaults on his cousin (whose life is destroyed).

Not ever having experienced that in my family, I am among the least qualified to speak to this point. However, I do think that her life does not have to be destroyed. People do come out of these experiences different but functional and happy. It takes skilled help, but it can be done. The second tragedy would be if her family has never sought that help for her.

Partner and spousal abuse is so common in this country that it is likely many members of this board know that trauma indirectly or directly. Some of that involved sexual abuse. It is not only girls and women who are abused. In fact, one out of six boys will know some sort of inappropriate sexual advance before they are 18. I think all of them have good reason for hope if they do not deny themselves the opportunity for help.

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PostPosted: Wed Aug 01, 2012 3:07 pm 
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Los Angeles Times Aug. 1, 2012 Judge refuses to step aside in George Zimmerman murder trial

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PostPosted: Wed Aug 01, 2012 4:32 pm 
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Good lord; Zimmerman's parent's website is horrible.

So, their son's "legal fund" is almost empty, Zimmerman's lawyers haven't been paid one cent, and now his parents are begging for money?

George's parents appear to believe that George was quite the Saint before he murdered a 16 year old. Isn't it interesting that none of the groups George "volunteered" with or worked with on community issues have stepped forward on his behalf.

The Zimmermans are liars.


Regarding Judge Lester: I'm glad he isn't stepping down. The idea that a defendant can get a Judge kicked off their case simply because the Judge learned that the defendant broke the law again is batshit crazy.

From Toll's link:
Quote:
Two months ago, after the additional funds came to light, Lester revoked Zimmerman’s bond and, at a July 5 hearing, he questioned the defendant’s honesty and whether Zimmerman was preparing to flee the country to avoid trial.

“In doing so, the court has created a reasonable fear in Mr. Zimmerman that this court is biased against him and because of this prejudice he cannot receive a fair and impartial trial or hearing by this Court,” the defense motion argued. :roll: :roll: :roll:

snip.....

By Florida rules, Lester is not allowed to deal with the substance of the factual allegations from the defense motion. He must assume those facts are true, but can rule on whether the allegations are sufficient to force him to step down.

“The defendant's verified motion to disqualify trial judge is hereby denied as legally insufficient,” Lester ruled, deciding to stay on the case.

snip....

Lester will be the judge who will preside over Zimmerman’s initial hearing on his claim of self-defense.


I couldn't remember if Zimmerman had a "Stand Your Ground" hearing scheduled. He does not; his lawyers haven't asked for one yet.

Quote:
snip.....

Zimmerman's lawyers haven't yet asked for an immunity hearing under "stand your ground," but other attorneys say it's typical to wait until closer to trial. The defense needs to see the evidence and interview witnesses.

snip.....

There are also risks to asking for immunity: The hearing gives the state a preview of the defense's trial strategy. And if a defendant testifies to something damaging, it's likely to reappear at trial.

The outcome rests on the judge, who typically has a much greater legal understanding than a typical juror. Buonauro said most self-defense cases aren't overly complex, but the judge's experience can play a factor.

snip.....

Lawyers agree it's likely that Zimmerman would testify if there's an immunity hearing. Whether the judge would believe him remains to be seen.

"If a jury is told to weigh the credibility of witnesses, then the judge should have that same duty," Cobbin said. "The judge should definitely weight the credibility of every witness that comes forward."


I wonder if O'Mara will even request a "SYG" hearing now. The evidence against Zimmerman shows that he was less than truthful about the events of Feb. 26th. The forensic evidence is damning as well. Certainly there is enough ambiguity that Zimmerman could get off in a "SYG" hearing; "defense lawyers need only "a preponderance of the evidence" to win the case" in a "SYG" hearing. But now that Zimmerman's credibility is shot, would requesting a "SYG" hearing be in Zimmerman's best interests? Had Zimmerman not lied about the money and his passport, I think he would have had all charges against him dismissed in a "SYG" hearing. But now, esp since Judge Lester isn't recusing himself, Zimmerman would be taking a much greater risk if he asks for a "SYG" hearing. He would have to testify (not legally, but he would be stupid not to at a "SYG" hearing).

Lawyers, what say you?


Judge Lester is holding a "Stand Your Ground" hearing today in another case.

Quote:
The judge in the George Zimmerman case is holding a "stand your ground" hearing today in the case of an Oviedo woman who says she shot her estranged husband while he was raping her.

Anita Smithey is charged with second-degree murder for shooting Robert Cline III.

snip.....

Oviedo police found Cline's body on her bedroom floor May 4, 2010. Smithey was screaming, crying, shaking and bleeding from a knife wound to the side, one that police say she admitted inflicting on herself after she killed the 41-year-old Cline.

snip.....

Smithey also is charged with presenting false evidence. That stems from her claim that Cline stabbed her, when, according to a police report, she admitted doing that to herself after she shot him.

snip.....


The ruling in Smithey's case should be interesting.

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PostPosted: Sat Aug 04, 2012 11:49 am 
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If their laywers haven't been paid a cent, what the hell have they been spending their Legal fund on? Fake wigs and moustaces, and false passports?

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PostPosted: Sat Aug 04, 2012 3:36 pm 
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Patagoniagirl wrote:
Jocelyn...I agree with you. I felt badly for Jeffrey Dahmers' parents. They were seemingly decent people who raised a son who ended up being horrifically mentally ill. They never - so far as I know- tried to capitalize on the tragedy. I would have been prepared to feel some sympathy for the parents of Zimmerman but for the fact that I visited their web page. I encourage you all to visit and puke. Daddy never mentions he was a judge and might have had a hand in the lessor charges Georgie pled to during earlier brushes with crime. He mentions that Georgy's sister babysat two black kids at one time (they grew up to be productive members of society) Daddy proudly points out. I should mention that most if the males in the Zimmerman family have had massive heart attacks...meaning, what???

Not one fucking mention of regret for the death of Tryvon Martin. I have nothing but contempt for these people.

I had the same problem with the Schiavo family after the whole terri schiavo affair. The father and siblings never visited her in the hospital until way late in the game. The only ones who remained faithful was her mother and her husband Michael. Then when the cameras and press came around the father and siblings came out of the woodwork. They started making up stories and submitting affidavits about how supposedly abusive Michael Schiavo was. They accused Michael of killing her. They sold their donor lists for cash, they sold videos of Terri. The father and brother quit their jobs to started the foundation. They disrespected her by calling her by a name that she never used in life "Terri Schindler-Schiavo" and they milked it for years. This is what it reminds me of.

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PostPosted: Thu Aug 09, 2012 1:34 pm 
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Quote:
'Stand Your Ground' hearing could potentially clear Zimmerman

Early Thursday morning, defense attorney Mark O'Mara announced on his website for the Zimmerman legal case that there will be a "Stand Your Ground" hearing in the case.

O'Mara described the hearing as essentially a "mini-trial," saying he would use the same arguments, witnesses, experts and evidence that he would use in a criminal trial.

The difference: There will be no jury. If the court rules in favor of the defendant in a "Stand Your Ground" hearing, not only would criminal charges be dismissed, but the defendant is also immune from civil actions related to the shooting.
....
O'Mara did not immediately announce a date for the hearing, but said it would take months to research and put together his case.
http://www.cfnews13.com/content/news/cf ... _your.html

The blurb at the link said that O'Mara had "scheduled" it, and then (as you see) says that he hasn't announced a date. Not sure if that's actually how it's done, but O'Mara seems to be chest-beating about this. Also, per the link, there is some new evidence just released by the prosecutors, but the news station is still reading it and not quite ready to tell us details.

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PostPosted: Thu Aug 09, 2012 9:32 pm 
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The Smoking Gun:


Zimmerman Prosecutors In Huge Screw-Up
Photo of dead Trayvon Martin, college docs mistakenly released


Quote:
AUGUST 9--In an embarrassing screw-up, Florida prosecutors today accidentally distributed a post-mortem photo of Trayvon Martin as well as copies of George Zimmerman’s college records, material that Florida law considers confidential and exempt from disclosure.



remainder, including the documents: (i didn't look at 'em, but links are there)
http://www.thesmokinggun.com/documents/ ... sed-684512

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PostPosted: Thu Aug 09, 2012 10:57 pm 
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Read the comments. The crazies are out in force.


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PostPosted: Sun Aug 12, 2012 5:43 pm 
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George Zimmerman will stand his ground

Kendall Coffey, the former U.S. attorney for the Southern District of Florida from 1993 to 1996, told me in June that the risk for attorney Mark O’Mara and Zimmerman is that a SYG hearing could expose the defendant to a difficult cross-examination that prosecutors could use against him at trial if the case is not dismissed by the judge. If Zimmerman does indeed take the stand, I would like him to answer one question I posed in June.

How did Trayvon’s arms find their way underneath his body when Zimmerman said he held his victim’s hands “away from his body,” “held his hands up,” “pushed his arms apart,” “moved his arms apart” and “moved his hands apart”?


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PostPosted: Sun Aug 12, 2012 6:43 pm 
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Occupation: NOTICE: I am on this board for the purpose of intelligent discussion. If you disagree with my point of view and want to discuss and debate ideas in a civil and respectful manner, I am happy to engage and participate. But if you want to make things personal through insults, ad hominem, and deliberately mischaracterizing what I have said -- sorry, I won't engage with trolls.
I have a personal theory on that, and its rather chilling.

Here's the genesis of the theory:

Zimmerman's account also includes a rather elaborate death scene -- according to Zimmerman, he shoots Martin when Martin is bent over him -- Martin then sits UP, proclaims "you got me!" -- and then falls over to the side... whereupon Zimmerman gets up, having recovered fully from bleeding nose* & bashed in head, and stands over Martin to move his hands out to the side. (*Note the apparent absence of Zimmerman's blood drips on the back of Martin's hoodie)

I was suspicious because I thought that when people get shot and killed, they fall down rather than sit up. I thought that they only give dying speeches in the movies. But, having never actually witnessed a person getting shot, I decided to check YouTube for surveillance videos of people getting shot. Unfortunately, this was not hard to find -- as you can imagine, more than one such situation has been caught on tape.

My suspicion was confirmed. In every single instance where a robber or criminal* shot a victim point blank int he chest, the victim immediately crumpled to the ground. (The surveillance photos all seemed to be of robbery scenarios).

But here is the part that struck me: immediately before these victims fell, they put their hands up or out, above their heads, in a position of surrender -- and then they were shot anyway. (

So then it struck me: If Zimmerman was facing a standing or kneeling Martin, holding his gun to Martin's chest -- and if - prior to being shot -- Martin put his hands up and perhaps even said, "you got me" -- and Zimmerman then fired his gun (either in anger or because in his state of agitation he accidentally pulled the trigger) ---- then Zimmerman's last view of Martin before Martin fell would be with hands extended.

So when Zimmerman is doing the walk through -- he has 2 memories that need to be woven into the story: Martin's statement ("you got me") which someone may have overheard and will need to be explained; and the fact that Martin's hands were outstretched, which is inconsistent with the punching/suffocating scenario. Zimmerman does not remember or did not notice that Martin's hands were in a different position on the ground (probably because Martin's last dying move was to clutch at his chest as he fell).

This is only my speculation, of course -- and I don't think that Zimmerman has an answer to give under cross-examination, because Zimmerman's own "memory" probably is of a Martin with outstretched hands, because he is remembering the living Martin & not the body.


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PostPosted: Tue Aug 14, 2012 8:35 am 
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Emma wrote:
George Zimmerman will stand his ground

Kendall Coffey, the former U.S. attorney for the Southern District of Florida from 1993 to 1996, told me in June that the risk for attorney Mark O’Mara and Zimmerman is that a SYG hearing could expose the defendant to a difficult cross-examination that prosecutors could use against him at trial if the case is not dismissed by the judge. If Zimmerman does indeed take the stand, I would like him to answer one question I posed in June.


O'Mara has changed his strategy

Quote:
The attorney for the man who shot and killed unarmed Florida teenager Trayvon Martin said on Monday he would seek to get the case dismissed using a traditional self-defence argument and not the state's "stand your ground" statute.

Mark O'Mara, who is defending George Zimmerman against a second-degree murder charge after the fatal February shooting, said the traditional self-defence approach was appropriate because the facts suggested his client could not retreat from a beating Martin was giving him.

Zimmerman's attorneys said last week they would use Florida's controversial "stand your ground" law, which allows people to use deadly force – rather than retreat – if they believe their lives are in danger.

"The facts don't seem to support a 'stand your ground' defence," O'Mara said.

snip.....

"I don't' like 'stand your ground' because I'm not sure it's a 'stand your ground' case," O'Mara said.

University of Miami law professor Tamara Lave saidthis change by O'Mara may be a signal that he thinks his case for self-defence is solid even without the special provisions afforded by "stand your ground".


Lawyers, is this change as substantial as it appears? Esp after announcing that the Zimmerman legal team was going with the "SYG" defense just 3 days ago?

I'm very curious about the forensic evidence in this case. Does anyone remember; was Zimmerman's blood on Martin's clothing? None of Zimmerman's DNA was found on Martin's hands.

Martin was murdered. The forensics is going to have to be very, very compelling if I am to change my opinion.

Curious Blue, you make some interesting points. Thank you.

Another question: will Zimmerman still get a hearing before the Judge if he doesn't use the SYG defense? My understanding is that a SYG hearing is different than a self-defense trial. Has O'Mara decided to take this case to a jury rather then the Judge?

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PostPosted: Tue Aug 14, 2012 8:54 am 
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If I understand it correctly, in order to use 'stand your ground' Zimmerman would have to take the stand and try to convince the judge he feared for his life, etc., and if the judge rules against him, the prosecution could use his testimony in that hearing against him in trial. So it seems to me that O'Mara wants to keep George from testifying at all costs, even if it means taking his chances with a jury. That doesn't sound like he believes George has a convincing self-defense case, but that the prosecution doesn't have enough to convict.


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PostPosted: Tue Aug 14, 2012 12:35 pm 
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LM K wrote:
Another question: will Zimmerman still get a hearing before the Judge if he doesn't use the SYG defense? My understanding is that a SYG hearing is different than a self-defense trial. Has O'Mara decided to take this case to a jury rather then the Judge?


I am sure someone will correct me if I am wrong, but self-defense is an affirmative defense which only becomes relevant after the prosecution has made a prima facie case. The burden falls on the defense to prove an affirmative defense. You don't get a hearing before the trial to have the case dismissed based on an affirmative defense. You have to prove the facts supporting it.

O'Mara can try to spin this all he likes, but the "stand your ground" statute gives a tremendous advantage to the defendant for whom it is applicable, that is, the ability to get the case thrown out before trial. No defendant with a good case on this issue would bypass the chance to get the case thrown out pretrial without compelling reason.

The fact is that George Zimmerman would be crucified on cross examination, and that is something he cannot afford. My read is O'Mara is desperate to keep his lying, slithering murderer of a client off the stand, enough so that he is foregoing a chance to get the case thrown out without a trial.

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PostPosted: Tue Aug 14, 2012 4:30 pm 
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I concur in Loh's observations. Abandoning a SYG chance of getting rid of the whole case means that Zimmerman's lawyer knows he's a lying sack of shit. Since Zimmerman's credibility would be the main issue at the SYG hearing, and Zimmerman no longer has any, defense counsel is doing the safe thing.

On the other hand, had Zimmerman not blown his credibility with the bail hearing lies, he would still have faced a fierce cross-examination at a SYG hearing based on the "inconsistencies" in his statements when aligned against the facts.

Zimmerman now has to rely on a sloppy investigation as his means of acquittal. The blame the cops defense. It worked for OJ.

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PostPosted: Wed Aug 15, 2012 2:01 am 
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George Zimmerman's lawyer: George is nearly broke, wants public to pay his legal costs

Quote:
Murder suspect George Zimmerman, whose plight prompted thousands of well-wishers to donate a flood of money — more than a collective $250,000 — is nearly broke, his lawyer said Monday, and plans to ask the public to pay for his defense.

snip.....

His legal-defense fund, which once hovered around $210,000, now has a balance of $50,000, O'Mara said Monday, with about $20,000 in outstanding bills.

snip.....

He intends to ask the court to declare Zimmerman indigent, an official finding that the 28-year-old Sanford man is broke and needs the public to pay his legal expenses.

snip....

The request to be declared indigent will be an awkward one, coming from Zimmerman and O'Mara.

In April, they had the same plan. Zimmerman was raking in donations at a rate of $1,000 a day via a website he and his family had set up — although O'Mara didn't know it, he insists.

snip.....

"How much have I been paid?" O'Mara said. "Zero."

O'Mara has vowed to represent Zimmerman for free, if need be. An indigency ruling would require the state to pay all other legal expenses — for example, the cost of a private investigator, experts and transcripts.

snip.....


In April, Zimmerman raised $64,000 in one day. Zimmerman hoped that his appearance on Fox would stir up more donations. It did not. Perhaps the "God's will" comment was a bit of a turn off to potential donors?

O'Mara has filed an appeal against Judge Lester's refusal to recuse himself. O'Mara is also going to ask Judge Lester to allow Zimmerman to move out of the county, and possibly out of state.

I can't wait to see an accounting of the money spent from the "pay off all my debts legal fund".

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PostPosted: Wed Aug 15, 2012 2:11 am 
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Thanks, Loh and Stern. I wonder what happened this weekend. On Fri, O'Mara claimed that he and Zimmerman were going forward on a SYG hearing. Monday afternoon, the entire defense has changed strategy.

I wonder if some kind of new forensic analysis was released between Fri am-Mon am.

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PostPosted: Wed Aug 15, 2012 8:45 am 
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What the hell happened to all that money? If the lawyers haven't been paid yet (and apparently they haven't) what the hell did the money go to?

If you're begging for money, pal, you had better start telling us where the quarter of a million you had 2 months ago walked off to.

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PostPosted: Wed Aug 15, 2012 9:20 am 
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LM K wrote:
George Zimmerman's lawyer: George is nearly broke, wants public to pay his legal costs

Quote:
Murder suspect George Zimmerman, whose plight prompted thousands of well-wishers to donate a flood of money — more than a collective $250,000 — is nearly broke, his lawyer said Monday, and plans to ask the public to pay for his defense.

snip.....

Any taxes waiting to be payed, the IRS breathing down his neck soon?


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PostPosted: Wed Aug 15, 2012 9:21 am 
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Suranis wrote:
What the hell happened to all that money? If the lawyers haven't been paid yet (and apparently they haven't) what the hell did the money go to?

If you're begging for money, pal, you had better start telling us where the quarter of a million you had 2 months ago walked off to.


^^^ this


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PostPosted: Wed Aug 15, 2012 1:08 pm 
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Security and life in undisclosed locations does not come cheap. It was his paranoia that got him into trouble in the first place. Now, he has to hide out from everyone and worry about real threats. Plus, a lot of psychiatric help and Rx bills.

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PostPosted: Wed Aug 15, 2012 2:38 pm 
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As the Joker once said "I'm crazy enough to take on Batman, but the IRS?! No thank you!"

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PostPosted: Wed Aug 29, 2012 7:08 pm 
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George Zimmerman Judge, Kenneth Lester, Ordered By Court To Disqualify Himself

Quote:
ORLANDO, Fla. -- A three-judge panel in Florida has ruled that a former neighborhood watch leader charged in the fatal shooting of teenager Trayvon Martin should be granted a new judge in his case.

Florida's Fifth District Court of Appeal ruled Wednesday that Judge Kenneth Lester should enter a motion to disqualify himself in George Zimmerman's second-degree murder case. Zimmerman's attorney Mark O'Mara asked the court earlier this month to overturn a previous ruling by Lester not to leave the case.

One of the three judges dissented in the ruling.
O'Mara had argued that Lester should disqualify himself after he said the judge made disparaging remarks about Zimmerman's character and advocated for additional charges against him in setting his $1 million bond in July.


http://www.huffingtonpost.com/2012/08/2 ... 41293.html

Daddy’s influence?

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PostPosted: Wed Aug 29, 2012 7:10 pm 
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Surprising decision in my view. I wonder if the state is interested in seeking review in the Florida Supreme Court. I think there is a good chance of reversal.

What does Paul Lentz say?

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PostPosted: Wed Aug 29, 2012 9:12 pm 
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Sterngard Friegen wrote:
Surprising decision in my view. I wonder if the state is interested in seeking review in the Florida Supreme Court. I think there is a good chance of reversal.

What does Paul Lentz say?


While I cannot speak to Florida specifically, generally a dissent on an intermediate appellate panel is an open invitation to an appeal to the court of last resort. In some jurisdictions, a dissent guarantees an appeal as of right (as compared to discretionary).

The prosecution may be concerned that even successfully challenging this ruling may lead to avenues for appeal by Zimmerman (never mind delaying the trial while evidence deteriorates and memories go dim).

I'm sure Paul Lentz has better and more jurisdiction-specific information.

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PostPosted: Wed Aug 29, 2012 9:23 pm 
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In Florida, it is either the prosecution, or the defense who enters a motion to recuse the judge. The judge signs the order recusing himself. The article was a little off. It appears one of the parties did file a motion to recuse the judge, the judge apparently denied the motion, so it was appealed. The appellate court ruled he should recuse himself, so an order will be prepared, signed by the judge and filed. Whether that decision can be appealed, I can't say.

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