Author Topic: Week 2, 4th day, Friday, 7/5/13  (Read 9992 times)

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Offline cboldt

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Re: Week 2, 4th day, Friday, 7/5/13
« Reply #30 on: July 05, 2013, 01:33:25 PM »
O'Mara's argument is bulletproof.  He is setting out the standards of proof, and putting the onus on the judge to follow the precedents.  This case would not make it to a textbook because the inference of non-guilt is much stronger than any inference of guilt.

Has the jury been sent home yet?  I mean, just for the night.

Offline cboldt

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Re: Week 2, 4th day, Friday, 7/5/13
« Reply #31 on: July 05, 2013, 01:38:14 PM »
Spellbound audience? Cat have everybody's tongue?  Has mine.  O'Mara is doing a very good job of summarizing the evidence and the case law.  Nelson is catatonic, by appearance. No emotion on her face, other than what I would call "boredom."

Offline nomatter_nevermind

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Re: Week 2, 4th day, Friday, 7/5/13
« Reply #32 on: July 05, 2013, 01:39:06 PM »
Has the jury been sent home yet?  I mean, just for the night.

If I understood what Nelson said, she wanted to get the arguments out of the way, then bring the jury back for the state to officially rest. Doesn't the state usually rest before the judgment of acquittal is argued?

Offline cboldt

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Re: Week 2, 4th day, Friday, 7/5/13
« Reply #33 on: July 05, 2013, 01:39:29 PM »
This record has got to be giving Nelson some heartburn.  She has a duty as a judge, and she is about to disregard it.

Offline RickyJim

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Re: Week 2, 4th day, Friday, 7/5/13
« Reply #34 on: July 05, 2013, 01:41:56 PM »
In Florida can her acquittal decision be oral without giving the reasoning?  She might have trouble writing down reasons for rejection.

Offline Redbrow

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Re: Week 2, 4th day, Friday, 7/5/13
« Reply #35 on: July 05, 2013, 01:42:49 PM »
This record has got to be giving Nelson some heartburn.  She has a duty as a judge, and she is about to disregard it.

Objection! Assumes facts not in evidence. It has not been established this judge has a heart or conscience.

Offline nomatter_nevermind

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Re: Week 2, 4th day, Friday, 7/5/13
« Reply #36 on: July 05, 2013, 01:43:23 PM »
This record has got to be giving Nelson some heartburn.  She has a duty as a judge, and she is about to disregard it.

Weren't you saying something similar before her Frye ruling?

Offline cboldt

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Re: Week 2, 4th day, Friday, 7/5/13
« Reply #37 on: July 05, 2013, 01:44:00 PM »
If I understood what Nelson said, she wanted to get the arguments out of the way, then bring the jury back for the state to officially rest. Doesn't the state usually rest before the judgment of acquittal is argued?

It's her courtroom.  She asked for argument, I presume, or else she would not entertain it.

O'Mara discussing 776.032 pretrial, vs. JOA.  Using Jenkins case.

The jury is probably ignorant of the legal timing protocol.  The judge will not be able to argue ignorance.  O'Mara is giving case law, briefly describing the fact scenarios in sufficient detail.

This really is a slam dunk for JOA.  Has been all along.

Offline cboldt

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Re: Week 2, 4th day, Friday, 7/5/13
« Reply #38 on: July 05, 2013, 01:45:32 PM »
In Florida can her acquittal decision be oral without giving the reasoning?  She might have trouble writing down reasons for rejection.

She can order a recess.  She can order acquittal and follow up at her convenience (assume a few days) with rationale.

Offline annoyedbeyond

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Re: Week 2, 4th day, Friday, 7/5/13
« Reply #39 on: July 05, 2013, 01:47:23 PM »
I really like how O'Mara has worked in those times the DCA said, on appeal, that the judge should've granted the JOA.

Offline cboldt

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Re: Week 2, 4th day, Friday, 7/5/13
« Reply #40 on: July 05, 2013, 01:48:33 PM »
O'Mara moves on to "ill will" element of 2nd degree murder.  Distinguishing recklessness from ill will or hatred, based on ability to infer malice.

He is dead on with this argument.  There has been no evidence of ill will as the law defines it.

Aside, I am impressed that the defense has kept Martin's memory clean, so far, and is relying on "doubt" instead of "proof."

Offline nomatter_nevermind

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Re: Week 2, 4th day, Friday, 7/5/13
« Reply #41 on: July 05, 2013, 01:49:32 PM »
Did O'Mara just say that Nelson was the sentencing judge in the case of the 2/2/12, suspicious person at Taaffe's unit?

Offline RickyJim

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Re: Week 2, 4th day, Friday, 7/5/13
« Reply #42 on: July 05, 2013, 01:49:55 PM »
When the state gets up, can they argue "He fibbed so he might be guilty so you have got to deny the JOA."?

Offline annoyedbeyond

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Re: Week 2, 4th day, Friday, 7/5/13
« Reply #43 on: July 05, 2013, 01:50:40 PM »
Did O'Mara just say that Nelson was the sentencing judge in the case of the 2/2/12, suspicious person at Taaffe's unit?

I believe he did, yes.

Offline cboldt

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Re: Week 2, 4th day, Friday, 7/5/13
« Reply #44 on: July 05, 2013, 01:52:17 PM »
I really like how O'Mara has worked in those times the DCA said, on appeal, that the judge should've granted the JOA.

He's giving a very concentrated legal lesson.  None of this is new to people who have followed the case.  I'm very glad that O'Mara did not make a perfunctory argument.  This argument totally blows Corey and de la Rionda out of the water on the charging decision.  Nelson is in a bright spotlight, as a matter of law.  For what THAT might be worth.

 

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