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April 14, 2012

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Jane

Early Bird!

cboldt

I was going to say, somebody is up early!

Captain Hate

Likewise.

cboldt

Clarice was wondering about the structure of FL Court system. Handy chart at
www.flcourts.org/courts/bin/Jurisdiction_chart.pdf

Something called "Bond Validations" are appealed directly to the state Supreme Court.

Captain Hate

The dimwitted troll is stomping its tiny feet on another thread. I didn't have the interest to point out all the logical errors and lack of understanding of what "facts" are; it wouldn't understand them anyway.

bunkerbuster

Awww. Thanks Capt. Bigot. I appreciate that you took a shot, even if it's only to demonstrate you've got no real ammo...

cboldt

There is a brief description of Arthur Hearings in Florida Sexual Violence Benchbook.

Following is almost the entire contents of that handbook, on the subject, including footnoted citations. I think there is no right to cross examine witnesses. That right is associated with pretrial detention hearings other than for capital and life sentence crimes.

An "Arthur hearing" is similar to the pretrial detention process, however, it is relevant to any capital or life felony involving proof evident and presumption great. Though a defendant is not "entitled" to a bond if charged with a non-bondable offense, the defendant is entitled to an Arthur hearing to demand that the state prove the additional element necessary for pretrial detention pursuant to the rule, namely that the proof is evident or the presumption of guilt is great. The State cannot simply present the information to the court but must present further evidence which, when viewed in the light most favorable to the State, would legally sustain a jury verdict of guilty. [State v. Arthur, 390 So. 2d 717 (Fla. 1980)]

Additionally, the state's burden of proof at an Arthur hearing for showing proof evident or presumption great is greater than beyond a reasonable doubt. [See, State v. Perry, 605 So. 2d 94 (Fla. 3rd DCA 1992), and Russell v. State, 71 So. 27 (Fla. 1916)]

It should go without saying but the court must allow argument at an Arthur hearing. Even if the judge finds that the evidence presented by the State satisfies the requirement for proof evident or presumption great, the judge must at least allow defense counsel to make minimal argument. In Bleiweiss, the court did not allow defense counsel to make any argument after the State presented its case which "amounted to a basic denial of petitioner's right to be heard at an adversarial judicial proceeding that could deprive him of his liberty--the most fundamental of all due process rights. [Bleiweiss v. State, 24 So. 3d 1215 at 1216 (Fla. 4th DCA 2009)]

cboldt

I think that "Bond Validation" style of case that is directly appealable to the Florida Supreme Court is inapplicable here. Florida Code, Chapter 75: Circuit courts have jurisdiction to determine the validation of bonds and certificates of indebtedness and all matters connected therewith.


Jack is Back!

cboldt,

We just had a 1st degree murder trial in my county where the accused went thru an Arthur hearing was refused bail and remanded for over ayear before trial and conviction. Prosecutor had unilateral power it seemed. Now I know why. Thanks for the lesson. Learning more from you every day.

I figure that by the time this case is over we'll all be able to take the Florida bar exam:). Passing it, thats another story.

Danube of Thought

Posted this on the SYG thread:

I know nothing of Florida practice, but the affidavit would not be acceptable in a California court. The affiant must swear that he has first-hand knowledge of the facts he alleges, and state the basis for that knowledge. Where he does not have first-hand knowledge, he must state that he is alleging those facts only on information and belief.

But I am sure Corey knows what she is doing in her state. I'd be interested to see some examples of other charging affidavits from murder cases in Florida, so as to determine how far, if at all, this one deviates from the norm. Can't do it from Munich.

Strawman Cometh

Found this delight at Surber's. Click for the right-most panel.

cboldt

DoT - I saw your remark on the other thread too, and decided to remark here, closer to the top of a thread.

I haven't found an example charging affidavit. Fl Crim Pro Rule 3.140 covers indictments and informations, their form and contents. A few excerpts ...

The indictment or information on which the defendant is to be tried shall be a plain, concise, and definite written statement of the essential facts constituting the offense charged. ...

Each count of an indictment or information on which the defendant is to be tried shall allege the essential facts constituting the offense charged....

An information charging the commission of a felony shall be signed by the state attorney, or a designated assistant state attorney, under oath stating his or her good faith in instituting the prosecution and certifying that he or she has received testimony under oath from the material witness or witnesses for the offense.

centralcal

Good morning. Isn't Jane gonna be on the radio this morning (10 am to Noon) with DaTechGuy? Or do I have that wrong?

pagar

Narciso, Did you see the "paying at the pump"
that the promo talked about?

Jim,MtnView,Ca,USA

My iPad is not showing Strawman's cartoon link.
Here it is for anyone else with the same trouble...

http://blogs.dailymail.com/donsurber/archives/54184#more-54184

narciso

Yes I did, pagar,

narciso

That's where I saw it, Jim ,

Jane (get off the couch - come save the country)

I am CC - leaving for the station in a little while.

narciso

Facts not in evidence with the premise,

http://www.resurgentrepublic.com/research/obamas-likeability-is-not-enough-to-win-back-and-hold-independents

I'd say he's more like the Adobe, SNL's take on the Yugo, (it was made of clay)

narciso

It's sad to see what happens when the brain slugs have done their business;


http://diaryofdaedalus.com/2012/04/13/pattericos-destruction-of-pony-tailed-guru-of-culver-boulevard/

jeannebodine

Artist Creates Zimmerman Portrait Using 20,000 Skittles:
http://www.wntp.com/article.aspx?id=0f543954-b329-42b1-be26-9f9c3517ffae&catid=6
Arizona Ice Tea Pond in Trayvon Likeness to Follow?

narciso

One might say it's not entirely stupid, coming from this source, but it still lacks
context, like we saw in the Wikileaks


http://www.slate.com/articles/news_and_politics/war_stories/2012/04/nuclear_iran_why_israel_may_want_to_attack_before_the_presidential_election_.single.html

GMax

From Narc's link above. If the President were an automobile what kind of auto would he be.

Responses include Chevy Volt and Yugo!

These are independent voters WHO VOTED FOR ZERO IN 2008 IN TWO SWING STATES

Whoops.

GMax

Yesterday via Rasmussen note the trend lines as American become more aware of the facts and penetrate the media meme:

Thirty percent (30%) of American Adults now believe George Zimmerman should be found guilty of murder, compared to 33% who felt that way just over two weeks ago. But a new Rasmussen Reports national telephone survey finds that 24% think Zimmerman acted in self-defense, a view held by just 15% in the previous survey. Forty-six percent (46%) are not sure, down from 55% in late March.

GMax

And I am proud to be the first this AM to point out Zero is down to 45% approval in Rasmussen this AM. And Rasmussen also shows Romney ahead by 5% nationally. As I pointed out, it was impossible to accurately poll a general with a primary still actively going on. Now that Santorum is out, I expect Republicans and Republican leaning Indys to rally around Not Obama.

KK is going to be especially nasty this morning I predict, on this unwelcome news you racists, LOL.

narciso

It's going to be 'look squirrel' until Katniss kills and skins them,

http://www.ocregister.com/opinion/buffett-349130-obama-tax.html

Clarice

Good luck, Jane!
Thanks, cboldt.
We shouldn't get cocky, of course, but the poll numbers are looking good.

The Hilary Rosen carpola was a big help. Today's WaPo Society Section (a subsidiary of the DNC ) has a front page article on why "strategists" like Rosen aren't really..no connection with Obaa to speakof..etc etc.

As for public attitudes on GZ and self defense, the figures for the state will get far worse once the fervid reportage dies down and the facts made clearer.

Janet

One more time - Jane hosting DaTechguy's radio show!
I'm gonna put this post by Jane on this newer thread for those interested -

"BTW, since our intrepid leader is unavailable, I'm going to interview Kevin Williamson tomorrow on DaTechguy's radio show. I'll be there from 10-12 with the interview happening in the 11:00 hour. Williamson has written the April cover story for NRO on Elizabeth Warren.

You can find links to listen at You Too. For you Baystaters it is 830 AM.

Posted by: Jane (where is Jon Corzine?) | April 13, 2012 at 07:35 AM

narciso

It's like the tale of Bre'r Rabbit, they just
sticking their foot into it, now this was a false flag operation with no false flag, and
they are attempting an extraction under fire.
good luck with that.

Janet

Another link at Datechguy's blog.

Jane

We are about to go on -

jwest

Two things that are absolute…

Never stiff a Columbian hooker. That Secret Service agent is lucky he was sent home, instead of being found in multiple pieces on a road outside of Bogotá.

Never suggest to an elderly relative that a hospital-style bed would be a good addition to her home.

datechguy

Remember you can call in at 508-438-0965 or 888-9-fedora toll free, listen live at wcrnradio.com

Captain Hate

I appreciate that you took a shot, even if it's only to demonstrate you've got no real ammo...

I've got as much ammo as GZ had and you're as braindead as your hero Saint Trayvon, shitstain.

Rick Ballard

Gallup poll results for incumbents at April 10th (approx) of the election year followed by their popular vote percentage in the election:

Winners

Truman 36% - 49.6%
Eisenhower 73% - 57.4%
Nixon 53% - 60.7%
Reagan 54% - 58.8%
Clinton 54% - 49.2% (Perot)
Bush 52% - 50.7%

Losers

Johnson 50% (Humphrey) 42.7%
Ford 48% - 48%
Carter 39% - 41%
Bush 39% - 37.5% (Perot)
Obama 46% - ?

Anyone believing that Obama might pull out a win at this point needs to point to which one of his magnificent accomplishments will provide the key to victory.

Porchlight

Break a leg, Jane!

Extraneus

How cool is listening to Jane on the interwebs!

Janet

They need to let her talk more.

Rain, rain, go away.

I never worked a day in my life. It's all just been play.
====================

Come again some other day.

I remember playing with sunflowers in a fencerow one fine day with a corn knife.
=========

Chubby

rats it's not a livestream and my media player doesn't recognize the file format

Janet

Chubby, at the wcrnradio.com link they have download links for players & then it will go live.

Janet

They need to let Jane talk more.

Clarice

I can't get it either.

Chubby

((which one of his magnificent accomplishments will provide the key to victory.))

perhaps something to do with Iran or Syria, while he tells us of his close affinity to Truman?

Chubby

thanks Janet. I can't deal with installing new player this morning. I noticed at techguy's web site he keeps an archive of his shows so I'll have ot listen to it later.

datechguy

you should be able to open it with windows media player but you can just tweet us with the hashtag #wcrn and I'll see it

Janet

you should be able to open it with windows media player

That's what I did. I had to try twice. Double clicked it the 2nd time.

Chubby

I noticed that WCRN has Sentinel Radio on Sundays, which is produced by the C.S. church. I listen from Sentinel Radio from another outlet from time to time, and it has never let me down like the CSM does. In fact, I've found it pretty inspiring. It focuses on testimonies of healing. One guy was on, a retired army officer, who described once being in a building with a bunch of troops, when he suddenly out of the blue heard a voice, which he recognized as God, telling him, GET OUT! He instantly obeyed and rushed everyone out. As soon as they were all out, the building exploded.

Danube of Thought

Minus 18 at Raz today.

Trails Romney bt 5..

Chubby

I tried my windows media player several times and being as it is a total poc it doesn't recognize the file type. That problem started to occur after one of Microsoft's famous updates. I HATE microsoft. I usually listen or watch everything live stream, but I'll download real player later when I'm in the mood to deal with new technology.

Ignatz

--KK is going to be especially nasty this morning I predict, on this unwelcome news you racists, LOL.--

Ooh, good. Was a little down this morning. I could use a good belly laugh.

Chubby

and I don't twitter. That is a conscious decision on my part, I waste enough time online as it is, and the best tweets always filter rapidly down anyways.

Janet

on the show....message therapy? I first think of algore!

Janet

speaking of algore...was Tipper a stay at home mom? How bout Jackie Kennedy?

Strawman Cometh

I was able to open it in explorer, click the play link, let it save the file, then open it

Chubby

I've been pondering whether the left creates such minds or just attracts them. nature or nurture.

MarkO

Steyn. "Jerry Brown, California’s reborn Governor Moonbeam, defines his “millionaire’s tax” as applying to anybody who earns more than $250,000 a year. “Anybody who makes $250,000 becomes a millionaire very quickly,” he explained. “You just need four years.” This may be the simplest wealth-creation advice since Bob Hope was asked to respond back in 1967 to reports that he was worth half a billion dollars. “Anyone can do it,” said Hope. “All you have to do is save a million dollars a year for 500 years.”

http://www.nationalreview.com/blogs/print/295998

Extraneus

So they only tax people who've made over $250K for at least four years?

GMax

No and when the run off most of the $250K earners to places that dont tax the snot out of them, who do you think they tax next? Its not like California is running a surplus or anything like that. They were passing out script they were so cash poor only last year I believe. Harder to collect your receivable from California than it was to get Wimpy to pay off for the hamburger advance...

Here's the essay: 'More white hats'  C'mon hoofbeats.

Posting failure multiply on the next Trayvon thread. Anyone else with the same problem?
=======

Janet

Jane is interviewing Kevin Williamson this hour.

Clarice

Kim, sometimes that happens when lots of people are posting at the same time. Try again. BTw I tried using the archive here and it is not at all as helpful as the old system of archiving was.

Danube of Thought

What was Bess Truman's exposure to the real world? Mamie Eisenhower's?

What pure bullshit.

MarkO

Obviously, Rosen screwed up. The real point was that Ann is so rich she has no idea about the real economic problems in America for ordinary, hard working, contraception needing women.

In all of this, however, I learned that Obama taught at Chicago for over 12 years and was never on the faculty. Twelve years!

Ignatz

--No and when the run off most of the $250K earners to places that dont tax the snot out of them, who do you think they tax next?--

They only run off half, Gman.
The other half become $249K earners.

Janet

Elizabeth Warren is now distancing herself from Hilary Rosen! Hahahaha...
Ol' Hilary is un.pop.u.lar!

Janet

Here is the link.

"Warren said the comments are "not the right the conversation to have," and that women know how tough it is to raise kids."

Janet

Jane is so good...bringing up the bills Brown has brought up & the corruption in Congress.

Threadkiller

Speaking of bullshit, this certainly has the smell:

"The government of Iceland has forgiven the mortgage debt for much of its population. This nation chose a very different way of stopping the crisis from the rest of European countries. It decided to hear the requests of the population and to put politicians and bankers on the bench of the accused three years after their financial excesses would sank one of the most prosperous economies in 2008."

http://jhaines6.wordpress.com/2012/04/13/iceland-forgives-mortgage-debt-of-its-population-this-needs-to-go-viral-i-believe-this-is-coming-our-way-as-well-j/

How do you say "The Onion" in Icelandic?

(Of course there is a chance the story is true. I will get some coffee and dig into it.)

rse

Bookworm has a great posting on why the left hates ann romney. LUN

They do indeed hate the whole concept of individualism.

I also highly recommend muravchik's book. Like so many who write the really insightful books on socialism, he started on the Left like Horowitz. Except it's about 20 years old now and the demise call now seems premature.

One point I would add. I was researching something this week and there was a reference to the scandinavian countries deliberately setting their tax rates where 2 incomes would be necessary to raise a family. The policymaker who approved said the intent was to remove the parents from being able to influence the child's value system compared to the state.

I thought of bo.

Janet

Yeah Jane!!!
You Too Congress
Operation Tree Party
Throw Them All Out by Peter Schweitzer

Jane

lLOL Janet, I need you as my agent!

Threadkiller

Has American Thinker fallen under the control of a bunch of nutcases?

http://www.americanthinker.com/blog/2012/04/m-obama_the_narrative_versus_the_evidence.html

Looking more and more like Worldnet Daily.

GMax

Steven Hayward at Powerline delivers the good news from Medical Daily:

Drinking alcohol may enhance a persons problem solving skills, according to a new study.

Scientists found that men who either drank two pints of beer or two glasses of wine before solving brain teasers not only got more questions right, they also were quicker in delivering correct answers, compared to men who answered the questions sober.

I will drink to that!

Clarice

Jane's so good.. I'm sorry I couldn't get the station live but grateful for janet's blogging it.

Threadkiller

" Meanwhile, the semi-official, Soviet-style press is still missing the boat in 2012.

How’s this for a laugh?Fox News finally said the word “eligibility” in a news report this week. Were they talking about Obama?No. Were they talking about Marco Rubio?No. They were talking about potential vice presidential running mates for Mitt Romney, and the name Tim Tebow was mentioned –half in jest.

But he was instantly ruled out by political scientist Larry Sabato as constitutionally ineligible. Why?Because he is not yet 35 years old. Good reason. But he also mentioned that he was born in the Philippines –as if that made any difference.

Did it make any difference in 2008 when John McCain, born in Panama, was the nominee?

Did it make any difference in 2008 or 2012 when no one knows for sure where Obama was born –Obama, who didn’t have the advantage of two American citizen parents at the time of his birth like both McCain and Tebow did?

I have been banned from Fox for the second time in four years for simply mentioning that Marco Rubio has an eligibility problem.

That’s what I mean by the semi-official, Soviet-style media. The new Pravda has invited me to be a guest many times. But not Fox, not CNN, Not MSNBC, not ABC, not CBS and not NBC, the network of audio doctorers.

None of them has yet covered what WND reported way back in 2008 –and probably never will."

http://www.wnd.com/2012/04/vetting-obama-again/

M.C. Obama sez: " Can't vet this"

MarkO

Bumper sticker, TK.

MarkO

Insty: A NEW TWITTER HASHTAG: #WarOnDistractions. Sample: “In the last month while the media was pursuing Trayvon, slutgate & Wars on Women, we ran up > $100 B in debt.”

MarkO

Offering the militia duty as a precedent for the individual insurance mandate is revealing. For it highlights the fundamental question posed by this case: does every citizen of the United States serve at the pleasure of the Congress of the United States in the same manner as a draftee serves in the military? Put another way, does the Congress have the same power over individual citizens as the Captain or Commanding Officer of a militia company? As Justice Kennedy observed during oral argument, this would be to fundamentally alter the relation of the citizen to the federal government. If this claim of Commerce Clause power is upheld, and especially if were upheld using the Militia power as authority, we would no longer be considered citizens, but would instead be more accurately characterized as “subjects.” And that, in the words of the Vice President, would be a big . . . deal.

http://volokh.com/2012/04/14/einer-elhauge-replies/

Porchlight

Chubby,

That is a fascinating story. My great-grandmother was born into a C.S. family who were early members of the church. They cut her off when she married a doctor, and she never saw her parents again. I think she saw or at least corresponded with her siblings. The family was sympathetic, but firm. It seems harsh from a modern perspective, but I respect them for sticking to their faith, and her for sticking to hers.

Clarice

Yes, Mark, I saw that, but the truth of the matter is that numbers are uninteresting--even when it's the national debt and women who work or not and murder cases grab voters attention.

narciso

You know someone should point out this is not a good thing;


http://news.yahoo.com/iran-talks-atmosphere-completely-different-envoy-121925852.html

Captain Hate

Don't know if anybody's linked this yet, but Scottie Centerfold is still ready to kick the Indonesian's bony ass at hoops: http://hotlineoncall.nationaljournal.com/archives/2012/04/scott-brown-lea-1.php

Since he was a starter at Hofstra and El JEFe rode the pines in high school, it would be complete carnage on the court and Preznit Pantload knows it.

Captain Hate

Jane, I'm sorry I missed your show but Mrs H and I were out and about during the late a.m. hours.

bunkerbuster

Rick Ballard asks: ``which one of his magnificent accomplishments will provide the key to victory.''

Icing bin Laden, obviously.

A hard bit of justice, but long-overdue and much-undone by Cowboy-in-Chief Bush. Skipping over the moral assessment and looking at it in strictly political terms, it mostly helps Obama win because it spectacularly disproves Cheney's assertion that the U.S., not bin Laden, would be the victim should Obama be elected.
The Republicans need a swarthy dictator who needs killin' to animate their dead ideological template. Without that, they basically are left with an economic ideology that almost no one trusts them on and hangups about sex that went out of style sometime in the previous half-century.
By taking out bin Laden, Zawahiri, Awlaki and Khadafy, Obama immunized himself against the classic "soft" on defense allegation the GOP has used to propagandize lo all these years....

Jane (get off the couch - come save the country)

Thanks again Janet. Kevin was really good, wasn't he?

AliceH

narciso - so funny to see them insist on tying themselves into knots. "Diversity! Yea!" "You're too Different! Boo!"

Ignatz

--Icing bin Laden, obviously.--

Let us hope that in the era of $1trillion deficits as far as the eye can see 8+% unemployment and in the very midst of a humiliating pullout of a failed Afghan policy he runs on icing Bin Laden.

AliceH

I broke my narcisolator. some stray carriage return or semicolon, no doubt.

Still, I was able to see this phrase "The Republicans need a swarthy dictator", which triggered a fond memory of the first time I encountered the word some decades ago. That was in a contemporaneous review of Jane Eyre, the exact phrase being "little swarthy governess". So, that was nice.

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