Author Topic: Week 3, Monday, 7/8/13  (Read 9094 times)

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Offline nomatter_nevermind

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Re: Week 3, Monday, 7/8/13
« Reply #45 on: July 08, 2013, 02:59:34 PM »
Nelson said something about an upcoming witness. I don't know who she was talking about. Defense toxicology expert?

Offline nomatter_nevermind

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Re: Week 3, Monday, 7/8/13
« Reply #46 on: July 08, 2013, 03:00:53 PM »
Nelson will allow defense expert to testify as to effect of this amount of THC, so presumably TM having that amount also comes in.

Offline nomatter_nevermind

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Re: Week 3, Monday, 7/8/13
« Reply #47 on: July 08, 2013, 03:02:12 PM »
I think Root is the defense self-defense expert. I recall a prosecution motion about him.

Offline annoyedbeyond

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Re: Week 3, Monday, 7/8/13
« Reply #48 on: July 08, 2013, 03:02:31 PM »
Nelson said something about an upcoming witness. I don't know who she was talking about. Defense toxicology expert?

Yes. West mentioned it. I didn't catch his name but apparently they have their own tox expert that will talk about how impaired TM may have been. Since it will be his opinion and the state can rebut she's letting it in.

That and the reversible error breathing down her neck.

Who is this Root guy?

Offline nomatter_nevermind

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Re: Week 3, Monday, 7/8/13
« Reply #49 on: July 08, 2013, 03:03:01 PM »
O'Mara outlining what Root will testify about.

Offline annoyedbeyond

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Re: Week 3, Monday, 7/8/13
« Reply #50 on: July 08, 2013, 03:04:22 PM »
I hope she lets him in. O'Mara really has me wanting to hear what he has to say.


Apparently he's basically only studied the case from a testimony stand point, he hasn't spent any real time talking to GZ, so he'd come at it based solely on the information they already have in front of them.

Offline nomatter_nevermind

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Re: Week 3, Monday, 7/8/13
« Reply #51 on: July 08, 2013, 03:04:48 PM »
Nelson asks if these are common sense issues for the jury?

O'Mara argues the contrary.

Offline MJW

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Re: Week 3, Monday, 7/8/13
« Reply #52 on: July 08, 2013, 03:08:02 PM »
Oh. It's in black and white that she might be guilty of reversible error if she doesn't let it in.

I actually think it's a pretty close issue. If GZ hadn't mentioned that TM looked like he was on drugs, I don't think it would come in under Diaz and Arias. (I also think it makes no sense that a victim's intoxication in a self-defense case isn't, on its own, relevant, but that's what  Diaz and  Arias seem to hold.)

Offline annoyedbeyond

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Re: Week 3, Monday, 7/8/13
« Reply #53 on: July 08, 2013, 03:09:23 PM »
So Root gets to testify just not as an expert and there are 3 things he can't say.

Offline nomatter_nevermind

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Re: Week 3, Monday, 7/8/13
« Reply #54 on: July 08, 2013, 03:09:35 PM »
Nelson granted state's motion in limine regarding Root.

Offline nomatter_nevermind

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Re: Week 3, Monday, 7/8/13
« Reply #55 on: July 08, 2013, 03:11:22 PM »
There will be a Daubert hearing on timeline animation exhibit.

About 5:10, Nelson announced 15 minute recess, after a sidebar.

ETA: Daubert hearing because by statute Daubert standard has replaced Frye standard in Florida.
« Last Edit: July 08, 2013, 03:15:01 PM by nomatter_nevermind »

Offline annoyedbeyond

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Re: Week 3, Monday, 7/8/13
« Reply #56 on: July 08, 2013, 03:11:48 PM »
I actually think it's a pretty close issue. If GZ hadn't mentioned that TM looked like he was on drugs, I don't think it would come in under Diaz and Arias. (I also think it makes no sense that a victim's intoxication in a self-defense case isn't, on its own, relevant, but that's what  Diaz and  Arias seem to hold.)

I haven't read either case--I was reacting based only on what JDN said.

Offline annoyedbeyond

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Re: Week 3, Monday, 7/8/13
« Reply #57 on: July 08, 2013, 03:13:27 PM »
I understand why the state wouldn't want the defense to have anything that might sway the jury--but can anyone tell me why the court wouldn't allow anything positive for the defense (like the animation). I thought the defense was supposed to always have the advantage (you know, other than unlimited budget and time and everything else...LOL).


Offline cboldt

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Re: Week 3, Monday, 7/8/13
« Reply #58 on: July 08, 2013, 03:16:08 PM »
Why is she doing this toxicology deal now? She was pretty adamant on Friday that she didn't care what Dr. Bao said about any sort of change.

Once the defense asserts self defense, "things change."

Offline cboldt

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Re: Week 3, Monday, 7/8/13
« Reply #59 on: July 08, 2013, 03:17:57 PM »
This is a good end of the day for the defense.  I think the state and defense will work out any issues with "the animation" in a mutually agreeable form.

 

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