Author Topic: Shellie Zimmerman's Perjury Case  (Read 13644 times)

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Offline TalkLeft

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Shellie Zimmerman's Perjury Case
« on: July 27, 2012, 05:51:16 PM »
Shellie Zimmerman's lawyer, Kelly Sims, filed a not guilty plea for her today on perjury charges. She won't have to appear at her arraignment next week.

Offline FromBelow

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Re: Shellie Zimmerman's Perjury Case
« Reply #1 on: July 31, 2012, 08:11:13 AM »
How long is this case likely to take? I mean there doesn't seem to be a lot of data that would need to be gone through. I would think things would go pretty quickly. Also, if she's found innocent would that have any effect on Lester's claim that the court was lied to? Might her innocence be useful in some way to the defense?

Offline FromBelow

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Re: Shellie Zimmerman's Perjury Case
« Reply #2 on: August 16, 2012, 10:25:17 PM »
Is there an update on this? Is anything scheduled? There doesn't seem to be a lot of info via google.

Offline TalkLeft

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Re: Shellie Zimmerman's Perjury Case
« Reply #3 on: August 16, 2012, 11:49:51 PM »
Is there an update on this? Is anything scheduled? There doesn't seem to be a lot of info via google.

DOCKET SOUNDING SEP 19, 2012 AT 09:00 AM . The docket is here and you can check it for updates.

Offline MJW

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Re: Shellie Zimmerman's Perjury Case
« Reply #4 on: November 30, 2012, 02:24:57 PM »
The Orlando Sentinel reports that Shellie's lawyer, Kelly B. Sims, has moved for dismissal of the perjury charges on the grounds that the special prosecutor lacks the authority to prosecute the case.

An interesting argument. I wish I could read the motion, to see what he cites in support. I think the breadth of a special prosecutor's power to prosecute related matters would vary from state to state. If Shellie wins the motion, I think she would still be subject to prosecution by the normal prosecuting authority within her district, though it would be within their discretion whether to bring charges.

Offline cboldt

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Re: Shellie Zimmerman's Perjury Case
« Reply #5 on: December 01, 2012, 02:59:15 PM »
The Orlando Sentinel reports that Shellie's lawyer, Kelly B. Sims, has moved for dismissal of the perjury charges on the grounds that the special prosecutor lacks the authority to prosecute the case.

An interesting argument. I wish I could read the motion, to see what he cites in support. I think the breadth of a special prosecutor's power to prosecute related matters would vary from state to state. If Shellie wins the motion, I think she would still be subject to prosecution by the normal prosecuting authority within her district, though it would be within their discretion whether to bring charges.

Governor Scott's Executive Order

The order says Corey is "assigned to discharge the duties of the Honorable NORMAN R. WOLFINGER ... as they relate to the investigation and all matters pertaining to the death of Trayvon Martin."  So, I suppose the jurisdictional grant comes down to the scope of "all matters pertaining the the death of Trayvon Martin."<p>

Separately, the assignment has a one year term, which expires at the end of March 22, 2013.

Offline DebFrmHell

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Re: Shellie Zimmerman's Perjury Case
« Reply #6 on: December 14, 2012, 07:23:19 PM »
So Shellie Zimmerman got a new judge, too.  It was remarked upon in the article that has Judge Nelson hearing the GZvNBC case.
Link to Article

Quote
...She'll hang onto the Zimmerman second-degree murder case, which she has set for trial in June, but will hand off her other pending criminal cases, including the perjury case against Zimmerman's wife, Shellie Zimmerman.

It will now be handled by (Marlene) Alva, 60.

Insertion of first name by me!

Offline unitron

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Re: Shellie Zimmerman's Perjury Case
« Reply #7 on: December 15, 2012, 02:52:29 AM »
...

Separately, the assignment has a one year term, which expires at the end of March 22, 2013.

Isn't that before Zimmerman's M2 trial starts?

Offline MJW

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Re: Shellie Zimmerman's Perjury Case
« Reply #8 on: January 22, 2013, 06:58:38 PM »
Tomorrow (Jan. 23, 2013), there's a hearing in Shellie's case. So far, the court website doesn't show any response to the motion to dismiss or petition for a writ of quo warranto.

For those who haven't looked it up, a writ of quo warranto challenges the legal authority of a government official to perform some act. In this case, the authority of the special prosecutor to bring the case against Shellie.

Unfortunately, I haven't been able to find a copy of the motion, but as I mentioned before, I'm not particularly optimistic about its likelihood of success. Nevertheless, it doesn't seem to me to be frivolous, so I expected to see a response. I do know that the timing of the motion is correct. A petition for a writ of quo warranto should be brought prior to trial. I also know the trial court's decision can be appealed to the DCA. An interesting case is Hardy v. Rundle, 846 So. 2d 1174 (Fla. 2nd DCA 2003). The 2nd DCA says:

Quote
Paul Hardy and Leo Salvatori seek review of the final judgment dismissing their complaint for writ of quo warranto. The complaint sought to prevent a special prosecutor from prosecuting count fourteen of a criminal information which charged Hardy and Salvatori with money laundering. We conclude that the executive order issued by the governor giving the special prosecutor the authority to prosecute certain matters did not encompass the claim for money laundering asserted in count fourteen. Accordingly, we reverse.

Offline MJW

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Re: Shellie Zimmerman's Perjury Case
« Reply #9 on: January 23, 2013, 11:32:48 AM »
Some new documents showed up in the "detailed  case view" this morning. It appears the state's response to the defense  motion  to dismiss or petition for writ of quo warranto was filed on Jan. 13, and the docket sounding scheduled for today was continued to Feb. 20.

Offline MJW

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Re: Shellie Zimmerman's Perjury Case
« Reply #10 on: January 23, 2013, 07:04:32 PM »
The Orlando Sentinel has a story about the Shellie Zimmerman case. It says the motion will be heard on Feb. 19. The article also says:

Quote
Last month, Gov. Rick Scott renewed Corey's appointment as special prosecutor in the Trayvon Martin case, and this time, the order expressly spelled out that Corey's assignment included "the cases filed against George Zimmerman and Shellie Zimmerman."

I don't agree. In the “whereas” section giving the reason for the order, it says:

Quote
WHEREAS, the Assigned State Attorney has advised the governor that the duties required by the previous executive assignment have not been completed as the cases filed against George Zimmerman and Shellie Zimmerman, as a result of the investigation, are pending;

The actual executive order 12-279 is:

Quote
Section 1:
Executive Order 12-72 is reaffirmed and the executive assignment is extended for an additional period of (1) year, to and including March 22, 2014.
Section 2:
The Assigned State Attorney shall notify the Governor on or before February 14, 2014, if additional time is required.

All the new executive order does is extend the previous order. Through the statement of fact that the SP advised the governor that the  case against Shellie hasn't been completed suggests the governor may now believe Shellie's case is within the SP's authority, nothing in the new EO makes it so.

Offline MJW

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Re: Shellie Zimmerman's Perjury Case
« Reply #11 on: January 24, 2013, 02:01:47 AM »
I mentiond the 2nd DCA case Hardy v. Rundle. John Galt at Conservative Treehouse linked to the state's Petition for Discretionary Review in the state supreme court. The court didn't take the case.

I think the case seems to be a closer call than Shellie's case, so if the trial court follows the (unexplained) logic of the 2nd DCA, it might actually find the special prosecutor lacked the authority to charge Shellie.

Offline nomatter_nevermind

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Re: Shellie Zimmerman's Perjury Case
« Reply #12 on: February 19, 2013, 10:41:00 AM »

Hearing on motion to dismiss at 1:30 today.

Orlando Sentinel

Offline leftwig

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Re: Shellie Zimmerman's Perjury Case
« Reply #13 on: February 19, 2013, 11:19:45 AM »
Any guesses on how the court will rule?  Does the special prosecutor have jurisdiction and are SZ's statements on their financial situation related to the investigation into the killing of TM?
« Last Edit: February 19, 2013, 11:29:09 AM by leftwig »

Offline leftwig

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Re: Shellie Zimmerman's Perjury Case
« Reply #14 on: February 19, 2013, 01:00:31 PM »
Defense's motion was denied, next court date April 17th I believe.

 

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