Ms. Merritt (Again) Quoted in Trib

[Cylinder]

20 Things I think About the George Zimmerman Case
Chicago Tribune op-ed columnist Eric Zorn lets Jeralyn opine on #16:

16. I don't think the charge of second-degree murder applies here
I will allow liberal attorney Jeralyn Merritt of the Talk Left blog to explain why:
To prove second-degree murder, the state must prove Zimmerman acted  with "a depraved mind regardless of human life." A depraved mind   requires evidence of "ill will, hatred, spite or an evil intent." Case  law is clear that "an impulsive overreaction to an attack or injury,is  insufficient to prove ill will, hatred, spite, or evil intent."
See Dorsey v. State; Poole v. State, holding that defendant's act of stabbing victim once after the victim  lunged at him in closed quarters was not sufficient to support  second-degree murder verdict but was "an impulsive overreaction" to the  victim's attack; Williams v. State, holding that defendant's act of  stabbing the victim to end his attack was excessive but insufficient to  support a second-degree murder conviction; Stinson v. State and the other cases I cite and link to here. Also check out Legal Insurrection.

I think I've picked up my jacket from the cleaners - I just don't feel right posting here in my underwear anymore.

[DebFrmHell]

20 Things I think About the George Zimmerman Case
Chicago Tribune op-ed columnist Eric Zorn lets Jeralyn opine on #16:I think I've picked up my jacket from the cleaners - I just don't feel right posting here in my underwear anymore.

LOL!  I think you look cute in your undies!   

Also I wanted to thank you for keeping up the list of witnesses.  It is a no comment thread but wanted you to know how grateful I am that you have taken the time.

Which makes you infinitely cuter in your undies in my books. 

 

((on the cheek and no, not that one))

[RickyJim]

I found this section of the article the most interesting

But if so, what did actually happen?  Constructing an alternate, plausible -- nay, near certain -- narrative will be their burden. Where was Zimmerman and where was Martin, moment by moment from the time Zimmerman's call to police began until the time the fatal shot was fired?

It's really not enough to say "Zimmeman was lying about some things, therefore he must be lying about everything, therefore you must believe basically the opposite of what he says."

Is Zorn talking about a legal requirement that the prosecution propose a near certain guilty scenario?  I haven't heard about such a requirement and I think they will have to leave the details of one murky.  The most usual one I see on the web goes like: "Z pulled his gun on M; a fight ensued with M trying to get the gun away from Z, screaming all the while, with Z holding on to it and taking a beating until he got a good shot opportunity".  It is nowhere close to being certain.  I just can't accept that with 8 bullets at his disposal, Z wouldn't have fired earlier even if he thought the first shot(s) would go into the ground.

[nomatter_nevermind]

I found this section of the article the most interesting
Is Zorn talking about a legal requirement that the prosecution propose a near certain guilty scenario?

I don't think there is any such requirement.

In this connection, I've been thinking about the California case Vincent Bugliosi discussed in his book Till Death Us Do Part. He couldn't prove the defendant shot his wife, and he couldn't prove the defendant hired someone else to shoot his wife. But he convinced the jury he must have done one or the other, and got his murder conviction.

The prosecution's problem in this case is similar, in my opinion. Lucky for GZ, none of them are Vincent Bugliosi.

[annoyedbeyond]

The prosecution's problem in this case is similar, in my opinion. Lucky for GZ, none of them are Vincent Bugliosi.

You've mentioned something like this a couple of times lately, and I feel I should mention: Bernie, despite his apparent bumbling in this case is a pretty damn successful prosecutor with a long track record of success. He's also been honored for that by the FBI.

I've wondered lately if some of the missteps in this case are purposeful.

And be careful about putting Bugliosi on too high a pedestal. He might break when he falls off it.