Gonna Stand His Ground

The Zimmerman defense team surprises no one by announcing that they will seek a Stand Your Ground hearing for George Zimmerman. Failure to do so would have been legal malpractice.

From the announcement:

There are significant differences between a “Stand Your Ground” hearing and a trial. In a “Stand Your Ground” hearing, there is no jury; the decision is made by the judge alone. In a criminal trial, the prosecution must prove the defendant’s guilt beyond a reasonable doubt, but in a “Stand Your Ground” hearing, the burden is on the defense to prove that the evidence fits the conditions of the “Stand Your Ground” law. If the Court rules in favor of the defendant in a “Stand Your Ground” hearing, not only are criminal charges dismissed, the defendant is also immune from civil actions related to the shooting. The primary focus of a “Stand Your Ground” hearing is whether George Zimmerman reasonably believed that his use of his weapon was necessary to prevent great bodily harm to himself at the hands of Trayvon Martin.

SHADES OF GREY: Interestingly, since the burden of proof is different here and in a trial, the same facts that lead to an unfavorable ruling (for the defense) in the hearing could result in acquital at trial. Basically, the situation, rather than being black or white, could be grey enough to go to trial but not grey enough to convict.

Comments

[Boi]

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

http://www.thesmokinggun.com/documents/george-zimmerman-records-mistakenly-released-684512

[Boi]

Chicago Values (continued)...

17 murders in first 9 days of August.

http://homicides.redeyechicago.com/date/2012/8/

Some of the strictest gun controls in the nation.

[jimmyk]

I'll ask what someone else asked in another thread. How does SYG (as opposed to plain old self-defense) come into play if TM had GZ pinned to the ground and was bashing his head in? Is it to preempt the argument that when TM confronted GZ, GZ should have run away, and then the whole thing would have been avoided?

[Jim Eagle]

I wonder if GZ is watching the USA v. Japan Women's Soccer Gold Medal match where is currently 2-1 USA. But the Japanese have been relentless and Brandy Chastain proving correct in her assessment of our defense. But Hope Solo has made two incredible saves despite that leaky defense. Carrie Lloyd has both of our goals. Compelling stuff. On NBC Sports Network.

[NK]

JiB-- I'm DVR recording the game, so I'll watch it tonight (I'll avoid your uppdates). The unsound USA defense was obvious from the very first game with France.

[Soylent Red]

OT but...I don't know whether to laugh or cry.

Politico reporting:

Obama: Let's repeat auto industry success with every manufacturing industry

Stand by for the pogroms you counterrevolutionary wreckers!

[Jim Eagle]

NK,

Didn't know you or anyone else not watching live. Will not have any further reports. But if they win - I may not be able to control myself or my keyboard:)

[jimmyk]

From Soylent's 4:19 link:

This post was updated to reflect the president's intent to express his support for manufacturing success. An earlier version was unclear about his intent.

Anyone catch the first version? I'm sure glad Politico is spinning like a weathervane to Axelrod's orders, rather than just letting Barry's words speak for themselves.

[Danube of Thought]

Jimmyk, I think the SYG hearing gives you a line of defense that ordinary self-defense does not, viz., this hearing.

[Jim Eagle]

Greatness has been Found. (Despite Obama trying like hell to take it away from us.)

[matt]

So Obama wants to "invest" $50 Billion in every American manufacturing industry, get @ 40 cents on the dollar back on that investment, and screw pensioners over?

He are too smart for the likes of me.

[NK]

This is the hearing to win a "Declaration" of immunity. The right to Immunity was established under the 2005 SYG law, so I guess that's why the lawyers in Fla call it a 'SYG Hearing'. Personally, I would call it the 'immunity hearing" or "dennis" hearing after the Fla Sup Ct case that confirmed the hearing procedure for Immunity Declaration claims. The burden of proof is on GZ to prove to the trial judge SD by a "preponderance" of the evidence (51%).

[Sara]

Janet:

I am just catching up and wanted to respond to something you asked about in the 2 day old thread regarding candidates talking about values. Have you seen the latest Romney ad?

Be Not Afraid

You may also find this interview interesting and enlightening.

Exclusive Romney Interview: On Humility and Tax Returns

I particularly like this part as I think it best describes what drew/draws me to Mitt Romney, since I am very much the same:

What was the best part of working at Bain? The thing that got you excited to get to the office each morning? I’m not sure people would think of me in this light, but frankly what I enjoyed most about Bain & Company, the consulting firm, was the analytical process of solving tough problems. If a client invites you in and is ready to pay a lot of money for your counsel, it is not because you know their business better than they do. Of course, they know their business better than I ever would. But they’re looking for someone to understand their business challenges in a new light. And that presents an analytical challenge which is steep and exciting. And I love the thinking and the analyzing as much as anything. I also enjoyed working with a team of people to arrive at ideas and solutions, and also to see ideas and solutions implemented. The experience at Bain Capital was similarly analytical, to decide which business ideas really had economic merit and which did not. And then to do your best to make sure that the team was in place to execute its vision.

[windansea]

Obama: Let's repeat auto industry success

The Detroit automaker said Thursday that its second-quarter net profit fell 41 percent on a big loss in Europe. And there are signs that North America, GM’s main income source, also is slowing. Profits there have fallen for two straight quarters, the first time that’s happened since the company left bankruptcy in 2009.

http://www.washingtonpost.com/business/general-motors-2q-profit-falls-41-percent-as-european-losses-cut-into-north-american-earnings/2012/08/02/gJQA2zyQRX_story.html

[windansea]

“I said, I believe in American workers, I believe in this American industry, and now the American auto industry has come roaring back,” he said. “Now I want to do the same thing with manufacturing jobs, not just in the auto industry, but in every industry"

what a frickin dummy

[Thomas Collins]

Jimmyk, I believe it's called a stand your ground hearing because the statutory provision governing the hearing is part of the amendments to the Florida criminal statutes that were enacted along with the stand your ground provisions. It is available to defendants to have a pre-trial hearing on the issue of whether deadly force was justified.

[Thomas Collins]

Jimmyk, reproduced below is a post I made at JOM on April 18th.

"The so-called SYG hearing doesn't require SYG come into play. Z doesn't lose the right to a so-called SYG hearing simply because he was having his head beaten into the ground and therefore had no chance of retreat. The hearing actually determines whether Florida Statutes 776.032 provides immunity for Z's use of deadly force. I think the hearing is often referred to as the SYG hearing because the immunity statute was enacted in the same act as the SYG rule."

[lyle]

said, I believe in American workers, I believe in this American industry, and now the American auto industry has come roaring back,” he said. “Now I want to do the same thing with manufacturing jobs, not just in the auto industry, but in every industry"

He added, "But if you're not a union shop, I plan to eradicate your pension benefits. [waits for applause to die down] But, hey, as one of my heroes said, 'you have to crack a few eggs!'" [raucous laughter and applause]

[Clarice]

Did any of those sharp reporters ask him what happened to the sick wives of the delphi and Solyndra employees?

[Clarice]

What about ads with the wives of those soldiers this POS killed?http://constitutionclub.org/2012/08/06/terrorist-released-by-o-after-killing-5-americans-freed-by-iraqi-court/

[NK]

Bail out 'EVERY INDUSTRY' let me guess 'Bam was of TOTUS when he said that. This is gonna be another 'you didn't build that' moment.

[Jim Eagle]

Its taken me some time and effort but I have finally tracked down DublinDave. He is a sports announcer for the Irish Television Network (RTE) and is covering the sailing in Weymouth for the Olympics.

Here is DuDa getting finishing and starting confused as well as insulting the competitors, the fans and himself.

[Soylent Red]

Bail out 'EVERY INDUSTRY' let me guess 'Bam was of TOTUS when he said that.

There is no way Axelrod's merry band of scriptwriters came up with this.

What baffles me is why he doesn't get Zero back on TOTUS pronto. If I were Axelrod I wouldn't let Barry order breakfast off script.

[Sara]

Too Far? New Attack Ad Targeting Allen West Depicts Him Beating Women

Gag!

[windansea]

GM stock "roaring back"

http://quotes.wsj.com/GM/interactive-chart#YTD

stock is worth just over 50% at time of bailout

let's give the JEF a hand!

[Rick Ballard]

SR,

He keeps chewing up the leather leashes. Chicago won't pay for a choke chain without Pinhead Troika approval and they won't go against the ACME Manual "Leather Only" advice. I'm sure the Beep beep Campaign applauds the decision.

[NK]

"Off TOTUS"

I agree Soylent-- I'm shocked that AxelPlouffe don't have 'Bam in a "Silence of the Lambs" mask except when he's on TOTUS. I guess that MelR's Troika are really running the 2012 show, and AxelPlouffe are just scammin' their cut of the campaign funds, while the troika blow it big time.

[Ignatz]

Hilarious, Jack.
First Tonto, now this. The little leprechaun is everywhere.

[windansea]

maybe Obama can start an investment club, call it www.jugearedfool.com

think the Motley guys would mind?

[NK]

JiB-- fantastic catch-- I have to disagree though, the voice over commentator was waaaay toooo funny to be DD, and he didn't belch even once.

[rse]

I think the point bo was making was he wanted every manufacturing industry in US to be as beholden to his whims as the auto industry. This group has firmly and officially embraced an Industrial Policy economy where they pick winners and losers and everybody pays to keep their favor.

I think I mentioned I ran into Van Jones in print from several years ago. The attraction of the Green Economy for him is that it is politically directed. Govt can dictate where to locate, who to hire, necessary credentials. That's the vision.

And they are so close. Having accurately bet that in a sliver world it would be hard to see the full picture in time.

[Rick Ballard]

Let's give the President some credit. Can anyone deny GM's performance as measured by the profit to earnings ratio (the only metric used by the President) is infinitely better than was Solyndra's? Let's also not forget to add the amount of profit saved to that earned. Treasury Secretary Turbo Timmy is prepared to swear GM's 'profits saved' figure is greater than the earnings of the entire SP 500. GM is now the most successful corporation in the universe, as will be clearly shown in their next Chapter XI filing.

[Ignatz]

--I think I mentioned I ran into Van Jones in print from several years ago.--

I hope you backed up just to make sure.

[Extraneus]

Wouldn't the profit to earnings ratio be 1.0 for both?

[DrJ]

Wouldn't the profit to earnings ratio be 1.0 for both?

Not to the most brilliant president ever. And he counts profits as overhead.

[Jim Eagle]

You see, when you do a story on an athlete competing in the Olympics its always important that you end the story by pointing out their sexual orientation. Why? Because if they are gay then you make the 2% look like 20% or if you do it with patriotic resonance like NBC and Brian"why do I look dumb" Williams you can make it seem like a neat thing to do for the young girls out there.

Who did they out? Meagan Rapinoe of course right in front of her parents. I wonder if she likes chicken sandwiches like I do?

[windansea]

yesterday on Air Force One, Psaki said, "we don’t have any knowledge of the story of the family."

today "No one is denying he was in one of our campaign ads. He was on a conference call telling his story," Psaki told reporters on Air Force One.

http://www.politico.com/politico44/2012/08/obama-camp-acknowledges-knowing-mans-story-131577.html?hp=f3

[GMax]

That would be Chapter 22 Rick ( 11 + 11 ). The Volt is not quite flying off the lots either. Saw one sitting on a dealership lot in Wisconsin while on vacation, the dust seemed pretty thick...

[GMax]

Megan is not the only lesbian on the US Soccer team. Add in Abby Wambach, who is engaged to be married to a girl from DFW I personally know.

[Boi]

" get @ 40 cents on the dollar back on that investment"

I just punched that in to my "Paul Krugman Keynesian Multiplier Calculator" and the answer is.....40! 40/1 = prosperity forever!!!

[matt]

has anyone seen the running with a stick & hoop, running with a ribbon, skipping & smiling event yet? Did I miss anything?

[Jane - talk is cheap!]

They just announced there will be no prosecutions against anyone on Wall Street for the meltdown. Brilliant really:

Holder: If you donate enough money to Obama's re-election campaign we won't prosecute you. But we are going to keep the door open, so you better not elect Romney whose administration won't be so lenient.

[Boi]

"Did I miss anything?"

No.

[centralcal]

windansea: also BuzzFeed Andrew apparently grabbed a screen cap of a Soptic quote that is posted on the official Obama campaign website.

[centralcal]

In other news:

Special Report Team ‏@SpecialReport

[email protected] Breaking: The Justice Department will not prosecute Goldman Sachs for financial meltdown

[Extraneus]

Why don't we celebrate the sexual positions favored by the heterosexual athletes? We should!

[centralcal]

Sorry Jane, didn't refresh fast enough.

[hit and run]

It's the second Thursday of the month.

I must bid you a dew to attend to the matter of besting neighbors and friends in a demonstration of skill in being able to properly account for 52 individual pieces of layered pasteboard, convincing them why my particular 5 or 7 or 9 of them have earned me the right to be compensated for doing so.

[centralcal]

Compensated in plastic or metal or paper?

[NK]

JiB-- was Rapinoe 'in the closet' before today? was she 'in' on the outing? she certainly had all the affectations of an manish lesbian I can't imagine her parents were surprised. Abby Wambach marrying a woman? Natch -- Wambach is a dude... a really big, athletic, scary dude....

[Stephanie]

Why don't we celebrate the sexual positions favored by the heterosexual athletes? We should!

Sixty nine is devine! Sixty nine is devine!

/movie quote ;)

[Rick Ballard]

GMax,

If you're up for a "What's wrong with this picture?", the new Fox poll provides a real Picasso. The RV/LV split on page 3 is humorous but the skew on page 13 is hilarious. People should match it with the trend in the Gallup Party Affiliation (w/leaners) to enjoy the full flavor.

Can the MFM joke polling drive enough hand wringing by ignorant readers to stimulate additional ad buys? Put me down for "Probably not.".

[narciso]

If you were wondering what angle our local minitrue drone, would take up;

http://www.miamiherald.com/2012/08/09/2943103/records-show-zimmerman-got-ds.html

[windansea]

Caleb Bonham Interviews Attendees of the Obama/Fluke Campaign Event

http://www.youtube.com/watch?v=4aFIkK79Of8&feature=player_embedded

Receptionist: How do you write women so well?

Melvin Udall: I think of a man, and I take away reason and accountability.

[Extraneus]

Bob Costas: "Congratulations on winning the gold! I understand you're an aficionado of the doggy-style position. Can you tell us a little more about that? I'm sure the viewers would love to hear about it."

Fresh-faced Olympian: "Sure, Bob! And thank you for asking!"

[DrJ]

It's a good thing that the Olympics are not broadcast late night on cable.

Oh Wait.

[narciso]

Now of the three, who do we take seriously, and why do they make us choose;

http://www.tnr.com/blog/plank/105975/how-stroke-angry-hawk

[jimmyk]

If you were wondering what angle our local minitrue drone

I'm curious what they teach these days in journalism school about the ethics of publishing mistakenly released confidential information. Is that okay in general, or okay if it has to do with white Hispanics but not black Hispanics? Morality is so complicated these days, it's hard to keep track.

[GMax]

Rick yeah thanks + 9 D. OK next. While Fox polling is a joke, I was encouraged that Fox had gotten enough crap out of their readership that they did mumble something about their polling director commenting on the poll. They felt the need to explain they had used a poll far more Democrat than the last one, and it is the sole reason for the movement they found. RAS has has little to no movement outside of the MOE in a couple years. Zero has managed to polarize the country, and he got the smaller piece. Shame for him and his party, really.

[Porchlight]

They felt the need to explain they had used a poll far more Democrat than the last one, and it is the sole reason for the movement they found.

centralcal gets results!

[GMax]

If anyone missed it and is wondering how the horrible incompetent is doing, Gallup tells you in this state by state survey:

http://www.gallup.com/poll/156389/Thirteen-States-Give-Obama-Majority-Approval.aspx

This is this week and with ADULTS. Now ignor the + 9 - 13 D polls from the University pollsters and the media sponsored polls. Gallup the oldest and most respected pollster finds 13 states with approval not underwater.

[Threadkiller]

From the man who brought us "swift boating" I present:

"Barack Obama, the president of the United States of America, was previously married to a gay Pakistani man. That, at least, is according to a noted Tea Party activist and author who swears that he has a case that is simply impermeable.

Barely a year after US President Barack Obama buried the birther argument by providing the country with documentation verifying his American citizenship, an all-new rumor is being propagated after Jerome Corsi, an author and well-known member of the conservative Tea Party movement, says he has uncovered proof that links the commander-in-chief to a hush-hush marriage agreement with a Pakistani man.

“The evidence, I think, is very strong,” Corsi claims in a video he has uploaded on YouTube to the TeaPartyOrg channel on August 6.

That proof, according to Corsi, comes in part from multiple pictures he’s uncovered of President Obama wearing a ring on his finger that were taken before his 1992 wedding to the first lady. That, insists Corsi, clearly shows that he must have been, of course, married to a man...."

http://giveusliberty1776.blogspot.com/2012/08/omg-corsi-obama-was-married-to.html

Homobama?

[Jimo]

Obama is like Jimi Hendrix...without the guitar skills .

[Danube of Thought]

Matt, I think they had one of pixies running around with a ball of some kind.

[Ignatz]

--Add in Abby Wambach, who is engaged to be married to a girl from DFW I personally know.--

Isn't she the one who is really good about getting her head on the ball?
She must be a natural because it doesn't sound like she's getting any practice.

[Jane - talk is cheap!]

They felt the need to explain they had used a poll far more Democrat than the last one

I too credit Centralcal. She rocks!

[Danube of Thought]

"That proof, according to Corsi, comes in part from multiple pictures he’s uncovered of President Obama wearing a ring on his finger that were taken before his 1992 wedding to the first lady. That, insists Corsi, clearly shows that he must have been, of course, married to a man...."

Groan.

[GMax]

What Orly Taitz was unavailable for comment? Eye roll.

[Danube of Thought]

RB, when I link to your Gallup ID poll, the right hand column (Dems including leaners) is masked by an ad I can't clear. I see the GOP number is 47%. What about the Dems?

[GMax]

45% for the Dumbocrats.

[narciso]

facepalm, why does Corsi have to go where the 'trains don't run anymore' that's why I liked
Freddoso's take, reprised in part by Klein,

[Threadkiller]

Corsi does make a funny YouTube, though...

http://www.youtube.com/watch?v=bWh-JK75VmM&feature=player_embedded

[centralcal]

Well Jane and Porch, it just goes to show you CAN get a result here and there and never get off that damned couch! Actually, it made me realize that simply speaking up once and while and saying - uh, hello, anybody home? - isn't such a bad thing to do.

[narciso]

Interesting collection of characters here,

http://freebeacon.com/ten-donors-financing-obamas-super-pac-smears/

[Rick Ballard]

DoT,

The Gallup Party Affiliation split is predicated upon interviews of adults, not registered or likely voters. There's a lot of bounce to it but it's useful as a check against the MFM polling idiocy. A D+9 skew is simply indefensible when the Gallup and/or Rasmussen ID polling is taken into account.

[Danube of Thought]

Got it. Thanks.

[mockmook]

Will the judge come down as hard on the prosecution (for the leaks) as he did on Zimmerman for "lying"?

[Carol Herman]

Gee, if you're going to photoshop a ring, why not choose something BIG from Tiffany's?

Desperation and contempt are forcing people into odder and odder claims about Obama.

Reminds me of the crazier stuff that used to come out against Reagan. You know, of course, he laughed it off.

[narciso]

You mean like Craig Unger and the October Surprise, or Kitty Kelley's slanders, printed
on the front page of the NY Times, or Bugliosi, actually presenting an argument that
W was guilty of murder for his conduct in Iraq, we haven't barely scratched the level of acceptable craze.

[bunkerbuster]

Quick poll:
Who here remembers joining DoT in spewing the snarky bombast
calling me ignorant for claiming that the burden of proof would
be on the shooter in a self-defense claim?
Though I'll be the first to admit, it's no news that DoT is
dead wrong about something, yet again...

[Luff trac]

"Quick poll"

Dubbydave=Comedy Gold!

[Chubby]

narciso, the summer of the swiftboating was probably the highest point in Corsi's life and imo he is trying to recreate it so he can re-live the high all over again.