Fla “Stand your ground” trial begins today. - Page 2

Fla “Stand your ground” trial begins today.

This is a discussion on Fla “Stand your ground” trial begins today. within the Home (And Away From Home) Defense Discussion forums, part of the Related Topics category; Originally Posted by retired badge 1 The prosecution and defense lawyers will always try to make sure that no juror knows anything or can read. ...

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Thread: Fla “Stand your ground” trial begins today.

  1. #16
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    Quote Originally Posted by retired badge 1 View Post
    The prosecution and defense lawyers will always try to make sure that no juror knows anything or can read. Adding in 'no guns' might make it very difficult to seat a jury in Florida.

    I'm sure there are a dozen or so people in Florida who don't own guns, but how many of them are just plain stupid and can't read?
    You ever been to Florida? New York and New Jersey accents are commonplace.
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  2. #17
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    Trying to find people who are "just plain stupid" in the state of Florida? You're setting the bar for jury selection too high.
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    Quote Originally Posted by Mike1956 View Post
    You ever been to Florida? New York and New Jersey accents are commonplace.
    Good point! When I went to Florida to settle a deceased cousin's estate the real estate agent I retained was a Jersey girl, the buyer of the house was a Russian immigrant, and the estate lawyer was a New Yorker.

    Thanks for reminding me.
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  5. #19
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    I think it will come down to whether or not the jury will believe that after the gun was drawn and the attacker started to back away, there was still enough of a threat to justify shooting. As mentioned, it’s not truly a stand your ground case, because he wasn’t standing his ground. He either defended himself from someone who was attacking him, or killed someone as retaliation for attacking him, all depending on how you perceive it.
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    Quote Originally Posted by OneGunTX View Post
    I'm with @OldVet on this one. Given the publicity and the public outrage, I doubt any juror was not already exposed to the case before the trial. We know the prosecutor will strike any juror that owns guns. Maybe an argument for an appeal.
    That is my reasoning that videos and such evidence should NOT be released until after presented at trial. Anyone who watched the news during that time has seen the videos and is lying if they say they didn't.
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  7. #21
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    The trial has started.

    Michael Drejka trial hinges on how jurors interpret video and stand your ground, attorneys say

    CLEARWATER – A fatal shooting in a convenience store parking lot fueled a national debate over Florida’s divisive stand your ground law.

    Among those who have followed the story closely as the shooter’s trial approaches Monday are defense attorneys across Tampa Bay.

    Expect a video tape of the encounter to play a major role in the outcome of the trial, said many of the 10 attorneys contacted by the Tampa Bay Times, none of whom have a stake in the case. And look for jurors’ deliberations to be influenced, some attorneys said, by attitudes they already hold about the Second Amendment.
    https://www.tampabay.com/news/public...-say-20190816/
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  8. #22
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    Quote Originally Posted by Hatchee View Post
    I certainly have not heard all of the evidence but this does not sound like a true "stand your ground" case. The shooter is merely using SYG laws to justify what he did. From what I read, he instigated the conflict and murdered the guy.
    Really? Hmmm. Large, young man physically charges and knocks to the ground a significantly smaller and older man and then moves toward him again. Hmmm. Stand your ground doesn’t require that your assaliant be armed but that you are in fear for your well being. So, clearly not SYG? Wow!
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    Quote Originally Posted by Hatchee View Post
    I certainly have not heard all of the evidence but this does not sound like a true "stand your ground" case. The shooter is merely using SYG laws to justify what he did. From what I read, he instigated the conflict and murdered the guy.
    I agree. There is no SYG involved here. The guy had been knocked down. He couldn't have retreated if he wanted to, so SYG doesn't come into it. If the guy standing had pressed his attack, it would have been straight up SD. But he didn't, so it is murder. But I think there is a political thing going on here too. There are anti-SD people who would like to get rid of SYG. I think they want this case to provide some leverage to get SYG legislated out. So they are also pushing this to be an SYG issue.

    They probably hope this guy gets let off with his SYG defense, so they can say, "See, the law needs to get changed." If he gets convicted, they get no leverage.
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    This case has little, if anything, to do with SYG. It's about use of deadly force. SYG is an add-on to use of deadly force, has nothing to do with when one can use deadly force, only removing any requirement to retreat.
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  11. #25
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    Quote Originally Posted by OldVet View Post
    This case has little, if anything, to do with SYG. It's about use of deadly force. SYG is an add-on to use of deadly force, has nothing to do with when one can use deadly force, only removing any requirement to retreat.
    You're right and it's my understanding that the defense attorney is not arguing stand your ground, in part because of the restrictions on when the defense is applicable. He's arguing that it's a straight up and down case of self defense.

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    Quote Originally Posted by DG View Post
    You're right and it's my understanding that the defense attorney is not arguing stand your ground, in part because of the restrictions on when the defense is applicable. He's arguing that it's a straight up and down case of self defense.
    Agreed, a pure and (un) simple case of self defense - fear of imminent death or grave harm.
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  13. #27
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    Thanks. With all the press coverage about stand your ground, I thought I was in need of hearing aids because all I was hearing his defense attorney state on television was that this wasn't about stand your ground and had nothing to do with Zimmerman. It was plain and simple self defense.

  14. #28
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    SYG is such a large target here for those who end up on the wrong end of it, when really it has little to do with most cases. It is another effort to disarm the victims of crime.

    The right (and statute) to use deadly force in defense of self and others existed long before the SYG right was added to the books. I don't think there was a "requirement" to retreat prior to that, but there were attempts to claim that by some prosecutors, thus passing the right to "stand your ground" by legislators to make that clear.
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  15. #29
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    Besides that, after the Trayvon Martin case, it makes good press. "Self Defense" is so mundane. Everybody pleads that.

  16. #30
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    Quote Originally Posted by Hatchee View Post
    I certainly have not heard all of the evidence but this does not sound like a true "stand your ground" case. The shooter is merely using SYG laws to justify what he did. From what I read, he instigated the conflict and murdered the guy.
    The shooter is not claiming SYG, there was no immunity heaing. This is a straight forward self defense case, nothing more nothing less. SYG ground does not enter into it.
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