America's #1 Online Cigar Auction
first, best, biggest!

Last post 11 years ago by El Roberto. 927 replies replies.
19 Pages«<13141516171819>
Trayvon Martin/George Zimmerman/Sanford, FL...
rfenst Offline
#801 Posted:
Joined: 06-23-2007
Posts: 39,447
jojoc wrote:
Robert - our magistrate judges (lowest level handling low value civil, family law, probate, initial criminal hearings, and non-felony criminal) are appointed from a pool of applicants by a committee of the bar. every few years, they face a public retention vote. The district court (felony and large-dollar civil) are public election.


In Florida, we have:

county court
circuit court
district court of appeals
supreme court.

County and circuit are elected except when there is an empty seat during term, in which case they are appointed by the governor for the remainder of that term. Election every six years.

District are appointed by the governor. Retention referendum to remain in office.
Supreme are appointed by the governor. Retention referendum to remain in office.

Interestingly, we have a tremendous amount of out of state dollars pouring in to Florida this election cycle as part of an attempt to oppose three supremes retention. Apparently, rulings on a couple different cases pissed off the wrong people. I am angry about it. It's not right. IMO, the only reason a sitting Florida appellate or supreme court justice should be removed from office is incompetence or inappropriate conduct, whether I like their rulings or not.
rfenst Offline
#802 Posted:
Joined: 06-23-2007
Posts: 39,447
DrMaddVibe wrote:


Anyone care to bet that this was on purpose?



I don't think it was on purpose by the prosecutor or her team. Perhaps there is a rogue individual, but judges come down very hard on errors like this. If it was intentional, the consequence could be very significant.
rfenst Offline
#803 Posted:
Joined: 06-23-2007
Posts: 39,447
Papachristou wrote:
http://usnews.nbcnews.com/_news/2012/08/09/13201091-zimmerman-attorney-plans-to-call-for-stand-your-ground-hearing?lite

too bad judges are elected in FL. No way he will dismiss it.


Too bad Zimmerman and his wife conspired and lied- he f'd up in a very large way.
jojoc Offline
#804 Posted:
Joined: 03-05-2007
Posts: 6,272
rfenst wrote:
I don't think it was on purpose by the prosecutor or her team. Perhaps there is a rogue individual, but judges come down very hard on errors like this. If it was intentional, the consequence could be very significant.



Robert - I hope you are right. When dealing with the volumes of material and determining what must be disclosed and what does not, such mistakes. However, given that what was disclosed either strengthens the public support for the case (photo of the victim face down) or makes the accused look worse (a cop wanna be who can pass basic classes) ......


My natural response is to usually give the benefit of the doubt, but I have seen too much of this type of crap done intentionally to really think it was by mistake.
rfenst Offline
#805 Posted:
Joined: 06-23-2007
Posts: 39,447
jojoc wrote:
Robert - I hope you are right. When dealing with the volumes of material and determining what must be disclosed and what does not, such mistakes. However, given that what was disclosed either strengthens the public support for the case (photo of the victim face down) or makes the accused look worse (a cop wanna be who can pass basic classes) ......


My natural response is to usually give the benefit of the doubt, but I have seen too much of this type of crap done intentionally to really think it was by mistake.


My benefit of the doubt goes to the prosecution lawyers. Here in Florida, intentionally doing that would get you suspended for no less than 3-5 years to ten years, if not disbarred- essentially a career ending move.

I have mistakenly made a couple similar errors over the last 20+ years. Leaving matters to secretaries without a final review could be a good explanation as to what happened and how.

In the future, I think the court should require both the prosecution and defense to sit down together and go over items before they are released. The court can entertain any objections. In the alternative, maybe each time there is to be public production, there should be an in camera inspection followed by a brief hearing and an Order...
drywalldog Offline
#806 Posted:
Joined: 06-19-2007
Posts: 5,536
In my circle of gun toting friends, they believe that Zim stepped out of the protection of Stand Your Ground, when he got out of the car, and I am the only lib in the bunch.
gringococolo Offline
#807 Posted:
Joined: 02-04-2006
Posts: 4,626
drywalldog wrote:
In my circle of gun toting friends, they believe that Zim stepped out of the protection of Stand Your Ground, when he got out of the car, and I am the only lib in the bunch.



Did you mean to say "pole smoking" friends?


I guess he shot Martin, then banged his own head on the concrete. Oh and grabbed his lifeless limbs and punched himself with them.


I doesn't matter if he followed him and confronted him.
drywalldog Offline
#808 Posted:
Joined: 06-19-2007
Posts: 5,536
Nice, he was told to stay in his car. Calling a bunch of righties pole smokers, priceless.
rfenst Offline
#809 Posted:
Joined: 06-23-2007
Posts: 39,447
[quote=drywalldog]Nice, he was told to stay in his car. [quote]

No. He was not told to stay in his car, per thetranscript below. I don't know where you aquired that false rumor, but you need to question the source.

Dispatcher: Sanford Police Department. …
Zimmerman: Hey we've had some break-ins in my neighborhood, and there's a
real suspicious guy, uh, [near] Retreat View Circle, um, the best address I can
give you is 111 Retreat View Circle. This guy looks like he's up to no good, or
he's on drugs or something. It's raining and he's just walking around, looking
about.
Dispatcher: OK, and this guy is he white, black, or Hispanic?
Zimmerman: He looks black.
Dispatcher: Did you see what he was wearing?
Zimmerman: Yeah. A dark hoodie, like a grey hoodie, and either jeans or
sweatpants and white tennis shoes. He's [unintelligible], he was just staring…
Dispatcher: OK, he's just walking around the area…
Zimmerman: …looking at all the houses.
Dispatcher: OK…
Zimmerman: Now he's just staring at me.
Dispatcher: OK—you said it's 1111 Retreat View? Or 111?
Zimmerman: That's the clubhouse…
Dispatcher: That's the clubhouse, do you know what the—he's near the
clubhouse right now?
Zimmerman: Yeah, now he's coming towards me.
Dispatcher: OK.
Zimmerman: He's got his hand in his waistband. And he's a black male.
Dispatcher: How old would you say he looks?
Zimmerman: He's got button on his shirt, late teens.
Dispatcher: Late teens ok.
Zimmerman: Somethings wrong with him. Yup, he's coming to check me out, he's got
something in his hands, I don't know what his deal is.
Dispatcher: Just let me know if he does anything ok
Zimmerman: How long until you get an officer over here?
Dispatcher: Yeah we've got someone on the way, just let me know if this guy does
anything else.
Zimmerman: Okay. These **** they always get away. When you come to the
clubhouse you come straight in and make a left. Actually you would go past the
clubhouse.
Dispatcher: So it's on the lefthand side from the clubhouse?
Zimmerman: No you go in straight through the entrance and then you make a left…uh
you go straight in, don't turn, and make a left. **** he's running.
Dispatcher: He's running? Which way is he running?
Zimmerman: Down towards the other entrance to the neighborhood.
Dispatcher: Which entrance is that that he's heading towards?
Zimmerman: The back entrance…**** [unintelligible]
Dispatcher: Are you following him?
Zimmerman: Yeah
Dispatcher: Ok, we don't need you to do that.

Zimmerman: Ok
Dispatcher: Alright sir what is your name?
Zimmerman: George…He ran.
Dispatcher: Alright George what's your last name?
Zimmerman: Zimmerman
Dispatcher: And George what's the phone number you're calling from?
Zimmerman: [redacted by Mother Jones]
Dispatcher: Alright George we do have them on the way, do you want to meet with the
officer when they get out there?
Zimmerman: Alright, where you going to meet with them at?
Zimmerman: If they come in through the gate, tell them to go straight past the
club house, and uh, straight past the club house and make a left, and then they
go past the mailboxes, that’s my truck...[unintelligible]
Dispatcher: What address are you parked in front of?
Zimmerman: I don’t know, it’s a cut through so I don’t know the address.
Dispatcher: Okay do you live in the area?
Zimmerman: Yeah, I...[unintelligible]
Dispatcher: What’s your apartment number?
Zimmerman: It’s a home it’s 1950, oh crap I don’t want to give it all out, I don’t
know where this kid is.
Dispatcher: Okay do you want to just meet with them right near the mailboxes
then?
Zimmerman: Yeah that’s fine.
Dispatcher: Alright George, I’ll let them know to meet you around there okay?
Zimmerman: Actually could you have them call me and I’ll tell them where I’m at?
Dispatcher: Okay, yeah that’s no problem.
Zimmerman: Should I give you my number or you got it?
Dispatcher: Yeah I got it [redacted by Mother Jones]
Zimmerman: Yeah you got it.
Dispatcher: Okay no problem, I’ll let them know to call you when you’re in the
area.
Zimmerman: Thanks.
Dispatcher: You’re welcome.




http://s3.documentcloud.org/documents/326700/full-transcript-zimmerman.pdf
drywalldog Offline
#810 Posted:
Joined: 06-19-2007
Posts: 5,536
Wow, i got that wrong. Just to be clear, I own, shoot and endorse SYG, but know that its purpose is in protecting the gun owners rights and safety. Also know that you can cross the line and fall outside its protection. Hopefully George didnt.
HockeyDad Offline
#811 Posted:
Joined: 09-20-2000
Posts: 46,199
The false rumor is all part of the process of convicting Zimmerman before there even is a trial. They already have his jail cell picked out.

teedubbya Offline
#812 Posted:
Joined: 08-14-2003
Posts: 95,637
It's also a mechanism to undermine Obama and Romney. It is a great tactic because you can be very selective which ones to believe.

In here the anti Obama false rumors are generally accepted as facts. Over in the rainbow unicorn with a ball gag forum that jade and wheel hook up in its the anti Romney false rumors that are accepted as fact.

Of course wheel still hasn't come out of the closet so he accepts all of them as fact depending on if he feels like giving someone a bj or feels more like trying to convince us he is tall and hetero and wasn't blackmailed by his false flag wife into buying her tits.

The end.
rfenst Offline
#813 Posted:
Joined: 06-23-2007
Posts: 39,447
HockeyDad wrote:
The false rumor is all part of the process of convicting Zimmerman before there even is a trial. They already have his jail cell picked out.



False rumors and true facts- you, yuk, yuk!

The false rumors are the result of people relying on others to obtain salient facts before coming to a conclusion of any sort. Every body does this to a certain extent- If so and so says so, then it must be true. It is the norm and has become part of our culture. There is so much out there going on that one simply cannot make certain of all facts and who to trust to conveniently convey facts. That is a good part of the reason I started this thread (if I even started it).
bloody spaniard Offline
#814 Posted:
Joined: 03-14-2003
Posts: 43,802
HockeyDad wrote:
The false rumor is all part of the process of convicting Zimmerman before there even is a trial. They already have his jail cell picked out.



You think? Nah, I think they'll let him go after a smack on the wrist.
...and I'm sure they're planning the riots already.
Papachristou Offline
#815 Posted:
Joined: 10-20-2010
Posts: 845
yeah, i dont know where the rumor started that Z ignored the dispatcher and chased T. I listened to the 911 call and considering how out of shape Z is, he sure didnt sound like he was chasing anyone. He said OK and continued to talk. Someone in his condition could not chase down a teenage football player and talk at the same time. Everyone i know who supports the martin family through blind irrationality and the manipulated media reports always brings this issue up first when it isnt even remotely true. I would like to see a map of the neighborhood and see where the actually shooting occured and where Z's vehicle was parked. That would give us some more info to make a more educated assessment of what might have happened.

rfenst, i agree about lying to the court. huge no no. i also understand $130k isnt a whole lot of money especially when you cant work and still have bills to pay + a huge lawyer bill coming at some point but you would be better off to explain that than lie about it.
DrMaddVibe Offline
#816 Posted:
Joined: 10-21-2000
Posts: 55,590
teedubbya wrote:
It's also a mechanism to undermine Obama and Romney. It is a great tactic because you can be very selective which ones to believe.

In here the anti Obama false rumors are generally accepted as facts. Over in the rainbow unicorn with a ball gag forum that jade and wheel hook up in its the anti Romney false rumors that are accepted as fact.

Of course wheel still hasn't come out of the closet so he accepts all of them as fact depending on if he feels like giving someone a bj or feels more like trying to convince us he is tall and hetero and wasn't blackmailed by his false flag wife into buying her tits.

The end.



Yes...and let's put ourselves right in the middle of a situation...where the office of the Presidency doesn't belong...AGAIN!


http://www.youtube.com/watch?v=wAPtUfOs7Gs
Papachristou Offline
#817 Posted:
Joined: 10-20-2010
Posts: 845
i cant watch the youtube but i saw obama's first address where he said "if i had a son, he would look like trey", i thought why would he make such a general and racial statement like that?
DrMaddVibe Offline
#818 Posted:
Joined: 10-21-2000
Posts: 55,590
Papachristou wrote:
i cant watch the youtube but i saw obama's first address where he said "if i had a son, he would look like trey", i thought why would he make such a general and racial statement like that?



That's the one Papa...he has to make racial statements....less you forget the guilt you're supposed to carry! Where the Kenyan King crapped the bed was the entire "Beer Summit"...injecting the most powerful man on the planet with some little police investigation was a real stretch.
DrafterX Offline
#819 Posted:
Joined: 10-18-2005
Posts: 98,588
but they were acting stupidly... Mellow
DrMaddVibe Offline
#820 Posted:
Joined: 10-21-2000
Posts: 55,590
DrafterX wrote:
but they were acting stupidly... Mellow



Yeah...that's NOT Presidential!
DrafterX Offline
#821 Posted:
Joined: 10-18-2005
Posts: 98,588
DrMaddVibe wrote:
Yeah...that's NOT Presidential!



Think
should he have put the cop's name on a list..?? Huh
gringococolo Offline
#822 Posted:
Joined: 02-04-2006
Posts: 4,626
drywalldog wrote:
Wow, i got that wrong. Just to be clear, I own, shoot and endorse SYG, but know that its purpose is in protecting the gun owners rights and safety. Also know that you can cross the line and fall outside its protection. Hopefully George didnt.



Thanks Robert for posting the transcript. I wasn't going to waste my time because I don't even believe DWD's B.S. statement about his "right wing" friends.

I made a joke because I know he is just trying to get some steet cred with his claims. Lmao....

drywalldog Offline
#823 Posted:
Joined: 06-19-2007
Posts: 5,536
Gringo, I need to look to you boys in here for street cred, what is that anyway? Guess you must have a bunch. I was at a shooting range when the topic came up. Im sure it was full of libs, right. I admitted I was wrong, more than most here would ever do.
DrMaddVibe Offline
#824 Posted:
Joined: 10-21-2000
Posts: 55,590
drywalldog wrote:
Gringo, I need to look to you boys in here for street cred, what is that anyway? Guess you must have a bunch. I was at a shooting range when the topic came up. Im sure it was full of libs, right. I admitted I was wrong, more than most here would ever do.



Just because you were hanging drywall at an indoor shooting range...doesn't give you membership or friends there!


KNOW YOUR ROLE...SHUT YOUR HOLE!
Papachristou Offline
#825 Posted:
Joined: 10-20-2010
Posts: 845
DrMaddVibe wrote:
That's the one Papa...he has to make racial statements....less you forget the guilt you're supposed to carry! Where the Kenyan King crapped the bed was the entire "Beer Summit"...injecting the most powerful man on the planet with some little police investigation was a real stretch.


yeah, i didnt really understand that either. If the professor should have been mad at anyone it was his neighbor who called the cops. a cop just cant take your "word" that you are the legal resident when a neighbor reports a burglary. Just show him your d@mn drivers license so he can get to the next call. It isnt that hard.

I am a white guy and wear a suit to work everyday. When i get pulled over, i roll down all my windows, turn on the interior lights if it is night, take my keys out of the ignition and sit with my hands on the wheel. I respond to the officer's questions politely and respectfully even if i disagree with his assessment. Lastly, i ask permission to do anything like get my wallet or registration. It isnt about being white, black, hispanic, asian or alien. People of all colors commit crimes and bullets dont discriminate when they are fired.
rfenst Offline
#826 Posted:
Joined: 06-23-2007
Posts: 39,447

George Zimmerman's lawyer: George is nearly broke, wants public to pay his legal costs


7:12 p.m. EST, August 13, 2012|
By Rene Stutzman and Jeff Weiner, Orlando Sentinel



Murder suspect George Zimmerman, whose plight prompted thousands of well-wishers to donate a flood of money — more than a collective $250,000 — is nearly broke, his lawyer said Monday, and plans to ask the public to pay for his defense.

"He really has to live as a hermit, unfortunately," said Mark O'Mara. "He's not doing well. He's getting by."

His legal-defense fund, which once hovered around $210,000, now has a balance of $50,000, O'Mara said Monday, with about $20,000 in outstanding bills.

Zimmerman and his wife, Shellie, are out of work, living in hiding in Seminole County, and spending a great deal of money on security because they fear for their lives, O'Mara said.

"Seminole County is unquestionably the most dangerous county, most expensive county for him to be in," O'Mara said.

He intends to ask the court to declare Zimmerman indigent, an official finding that the 28-year-old Sanford man is broke and needs the public to pay his legal expenses.

Zimmerman also will ask a judge to let him move out of the county, O'Mara said Monday.

"I want him safe. If he's out of state, so be it," O'Mara said.

The request to be declared indigent will be an awkward one, coming from Zimmerman and O'Mara.

In April, they had the same plan. Zimmerman was raking in donations at a rate of $1,000 a day via a website he and his family had set up — although O'Mara didn't know it, he insists.

In a single day, he collected $64,000, according to court records.

Also back then, Zimmerman, from his cell at the Seminole County Jail, was directing his wife to move the money from one account to another, generally in $9,990 chunks.

Zimmerman, a Neighborhood Watch volunteer, is charged with second-degree murder for killing Trayvon Martin, an unarmed black 17-year-old, on a Sanford sidewalk Feb. 26.

Zimmerman says he acted in self-defense, that the Miami Gardens teenager punched him and broke his nose, then got on top of him.

But prosecutors allege that Zimmerman is guilty of racial profiling — that he spotted a black teenager in his neighborhood, suspected he was about to commit a crime, began following him, then murdered him.

O'Mara held a wide-ranging news conference Monday in the front yard of his Orlando law office.

He opened by announcing that earlier in the day, he had filed an appeal challenging a decision by Circuit Judge Kenneth Lester Jr. to stay on the case.

O'Mara wants him out, saying that Zimmerman does not believe he can get a fair trial because in a July 5 bond order, the judge called the defendant a manipulator, saying he helped hide $130,000 from the court during an earlier bond hearing.

But Lester has refused to remove himself from the case. On Monday, O'Mara said he could not let that decision go unchallenged.

The move could delay the case indefinitely.

O'Mara acknowledged Monday that a lack of money has become a problem.

Although the legal-defense fund has raised more than $250,000, those gifts have slowed, he said, and last month's hour-long interview with Sean Hannity on Fox News failed to pump up donations.

"How much have I been paid?" O'Mara said. "Zero."

O'Mara has vowed to represent Zimmerman for free, if need be. An indigency ruling would require the state to pay all other legal expenses — for example, the cost of a private investigator, experts and transcripts.

O'Mara predicted he'd be ready for a "stand your ground" hearing in the case in four to five months.

During that hearing, Zimmerman would try to persuade the judge to throw out the murder charge. To do that, he must show that he killed Trayvon because the teenager attacked him, giving him a well-grounded fear of imminent death or great bodily injury.

"Stand your ground," O'Mara said Monday, is a misnomer because it implies that Zimmerman had the ability to retreat.

He was on his back, had screamed for help for at least 40 seconds and pulled the trigger only after Trayvon pounded his head repeatedly on the ground, O'Mara said.

"He doesn't have an opportunity to retreat if he's on his back," O'Mara said.
rfenst Offline
#827 Posted:
Joined: 06-23-2007
Posts: 39,447

George Zimmerman's lawyer: Judge must go because of 'gratuitous, disparaging remarks'


4:10 p.m. EST, August 14, 2012|
By Rene Stutzman, Orlando Sentinel


In court paperwork made public Tuesday, George Zimmerman's lawyer accused Circuit Judge Kenneth Lester Jr. of making "gratuitous, disparaging remarks" about the defendant and encouraging prosecutors to file more charges against him.

Defense attorney Mark O'Mara on Monday asked the Fifth District Court of Appeal to throw the judge off the case. O'Mara's 28-page pleading, which the court made public Tuesday, accused Lester of being unfair to his client in a July 5 ruling that set Zimmerman's bond at $1 million.

The ruling ignored a "tidal wave" of evidence that Zimmerman acted in self-defense, O'Mara wrote. That's key, he contends, because Zimmerman is likely to be exonerated, so his bond should be low.

O'Mara also alleges that Lester insulted his client, calling him a manipulator and stopping just short of calling him a liar, things that have convinced Zimmerman the judge now won't believe a word he says.

"In his order, the court made gratuitous, disparaging remarks about Mr. Zimmerman's character; advocated for Mr. Zimmerman to be prosecuted for additional crimes; offered a personal opinion about the evidence for the prosecution; (and) continued to hold over Mr. Zimmerman's head the threat of future contempt proceedings," O'Mara wrote.

The judge's comments were "harsh and unnecessary," O'Mara wrote, and what Lester had to say about possible contempt charges "creates a horrible chilling effect on this case."

It also signals that Lester has stopped being a "neutral arbiter" and is now a "quasi participant" in the case, O'Mara wrote.

Zimmerman, of Sanford, is charged with second-degree murder. He shot Trayvon Martin, an unarmed black 17-year-old from Miami Gardens, Feb. 26 on a Sanford sidewalk. Zimmerman says he acted in self-defense, that the teenager attacked him and began banging his head on the pavement.

Prosecutors alleges that he profiled Trayvon, assumed he was about to commit a crime, began following him then murdered him.

Zimmerman, 28 of Sanford, is living in hiding in Seminole County. He is free on that $1 million bail and his whereabouts are being tracked by satellite.

The case has been assigned to a three-judge appellate panel. Two are former Orlando judges - Alan Lawson and Jay Cohen. Kerry Evander is a former long-time Brevard County judge.

It's not clear when they will make a decision. It could be soon or it could take months.

They signaled that they may move quickly by on Tuesday ordering prosecutors to file paperwork in the next 10 days, offering their opinion on whether Lester should be removed.

Special Prosecutor Angela Corey's team earlier filed paperwork with Lester, describing Zimmerman's request as "absurd".

O'Mara first asked Lester to step aside July 13. Lester said no in a two-page ruling Aug. 12 that gave no reasons, something required by law, except that the pleading was legally insufficient
Stinkdyr Offline
#828 Posted:
Joined: 06-16-2009
Posts: 9,948
wow, this thread is over 800 posts long.

Trayvon has left a legacy after all.


fog
drywalldog Offline
#829 Posted:
Joined: 06-19-2007
Posts: 5,536
Dr. has that line ever worked for you, maybe with Wheel, no wait he's taller than you too. Dont have a membership, just pay the fee.
rfenst Offline
#830 Posted:
Joined: 06-23-2007
Posts: 39,447
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT JULY TERM 2012


GEORGE ZIMMERMAN,
Petitioner,

v. Case No. 5D12-3198

STATE OF FLORIDA,
Respondent.
________________________________/
Opinion filed August 29, 2012
Petition for Writ of Prohibition
Kenneth R. Lester, Jr., Respondent Judge.
Mark M. O'Mara, of O'Mara Law Group,
Orlando, and Donald R. West, of Don
West Law Group, P.A., Orlando for
Petitioner.
Pamela J. Bondi, Attorney General,
Tallahassee and Pamela J. Koller,
Assistant Attorney General, Daytona
Beach, for Respondent.

PER CURIAM

George Zimmerman petitions for issuance of a writ of prohibition. This is the
proper mechanism for challenging the denial of a motion to disqualify a trial judge. See,
e.g., Lusskin v. State, 717 So. 2d 1076, 1077 (Fla. 4th DCA 1998). Reviewing the
matter de novo, see R.M.C. v. D.C., 77 So. 3d 234, 236 (Fla. 1st DCA 2012), we grant
the petition.

Florida Rule of Judicial Administration 2.330 requires a trial judge to grant a
motion to disqualify without determining the accuracy of the allegations in the motion, so
long as the motion is "legally sufficient."
R.M.C., 77 So. 3d at 236. "A motion is legally
sufficient if it alleges facts that would create in a reasonably prudent person a wellfounded
fear of not receiving a fair and impartial trial."
Id. (citing MacKenzie v. Super
Kids Bargain Store, Inc., 565 So. 2d 1332 (Fla. 1990)). Although many of the
allegations in Zimmerman's motion, standing alone, do not meet the legal sufficiency
test,1 and while this is admittedly a close call, upon careful review we find that the
allegations, taken together, meet the threshold test of legal sufficiency.
Accordingly, we
direct the trial judge to enter an order of disqualification which requests the chief circuit
judge to appoint a successor judge.

PETITION GRANTED.

LAWSON and COHEN, JJ., concur.

EVANDER, J., dissents with opinion.
1 For example, it is well-settled that “adverse judicial rulings do not constitute
sufficient grounds to disqualify a judge.” K.H. v. Dep't of Health & Rehabilitative Servs.,
527 So. 2d 230, 232 (Fla. 1st DCA 1988) (citations omitted).




Case No. 5D12-3198

EVANDER, J., dissenting.
I respectfully dissent. As the majority correctly observes, adverse rulings are not,
in and of themselves, sufficient to require the granting of a motion to disqualify.
Although the trial court’s order clearly manifested an exceedingly strong belief by the
trial judge that Zimmerman had “flouted” and “tried to manipulate” the system, I do not
believe the order “crossed the line” so as to require the granting of his motion
HockeyDad Offline
#831 Posted:
Joined: 09-20-2000
Posts: 46,199
They're still going to hang Pedro.
jojoc Offline
#832 Posted:
Joined: 03-05-2007
Posts: 6,272
I have not followed the case all that closely, but seems like the right decision.
HockeyDad Offline
#833 Posted:
Joined: 09-20-2000
Posts: 46,199
Yes, it is the right decision. Pedro needs to be sacrificed.
DrMaddVibe Offline
#834 Posted:
Joined: 10-21-2000
Posts: 55,590
Court: Zimmerman judge should disqualify himself

ORLANDO, Fla. (AP) — A three-judge panel in Florida has ruled that a former neighborhood watch leader charged in the fatal shooting of teenager Trayvon Martin should be granted a new judge in his case.

Florida's Fifth District Court of Appeal ruled Wednesday that Judge Kenneth Lester should enter a motion to disqualify himself in George Zimmerman's second-degree murder case. Zimmerman's attorney Mark O'Mara asked the court earlier this month to overturn a previous ruling by Lester not to leave the case.

One of the three judges dissented in the ruling.

O'Mara had argued that Lester should disqualify himself after he said the judge made disparaging remarks about Zimmerman's character and advocated for additional charges against him in setting his $1 million bond in July.
Zimmerman remains free on bail. He's pleaded not guilty.


http://news.yahoo.com/court-zimmerman-judge-disqualify-himself-215712493.html



http://www.youtube.com/watch?v=kK62tfoCmuQ
rfenst Offline
#835 Posted:
Joined: 06-23-2007
Posts: 39,447
Z and his wife did irreparable harm.
rfenst Offline
#836 Posted:
Joined: 06-23-2007
Posts: 39,447
jojoc wrote:
I have not followed the case all that closely, but seems like the right decision.


Absolutely the right decision and the trial judge new it to, but this case is very 'political" both in the media and behind the scenes in Chambers.

My bet for next major procedural issue is: Motion to Change Venue. The local well is already poisoned...
DrMaddVibe Offline
#837 Posted:
Joined: 10-21-2000
Posts: 55,590
rfenst wrote:
Absolutely the right decision and the trial judge new it to, but this case is very 'political" both in the media and behind the scenes in Chambers.

My bet for next major procedural issue is: Motion to Change Venue. The local well is already poisoned...



There never was a reason for it to get "political" as you put it IF they would've all done their due diligence...EVERYONE.

YOU were the one listening to the Al & Jesse Show though. WTF were YOU thinking letting that in YOUR town! Those morons needs to be shown the road. The only thing they're good at is race-baiting. The cops should've rounded them up and sent them on their way. That way the Black Panthers wouldn't have had a stage...the KKK/Nazis wouldn't have shown up and perhaps the facts would've found their way into the media instead of this rush to hang the guy.

Following the Casey case it's apparent why a high profile case doesn't belong in Disney World!
rfenst Offline
#838 Posted:
Joined: 06-23-2007
Posts: 39,447
DrMaddVibe wrote:
There never was a reason for it to get "political" as you put it IF they would've all done their due diligence...EVERYONE.

YOU were the one listening to the Al & Jesse Show though. WTF were YOU thinking letting that in YOUR town! Those morons needs to be shown the road. The only thing they're good at is race-baiting. The cops should've rounded them up and sent them on their way. That way the Black Panthers wouldn't have had a stage...the KKK/Nazis wouldn't have shown up and perhaps the facts would've found their way into the media instead of this rush to hang the guy.

Following the Casey case it's apparent why a high profile case doesn't belong in Disney World!



OK.
Have a nice day. Angel
jojoc Offline
#839 Posted:
Joined: 03-05-2007
Posts: 6,272
rfenst wrote:
Z and his wife did irreparable harm.



those early acts of stupidity will likely cause this to hang over his head for the rest of his life. my guess is this will result in a hung jury. the state will try him again and maybe enough time will pass between the events and the second trial that he may stand a chance.
jojoc Offline
#840 Posted:
Joined: 03-05-2007
Posts: 6,272
rfenst wrote:
Absolutely the right decision and the trial judge new it to, but this case is very 'political" both in the media and behind the scenes in Chambers.

My bet for next major procedural issue is: Motion to Change Venue. The local well is already poisoned...



what do you think the odds of a change of venue are? Here in Idaho, courts are very reluctant to relocate trials.
rfenst Offline
#841 Posted:
Joined: 06-23-2007
Posts: 39,447
jojoc wrote:
those early acts of stupidity will likely cause this to hang over his head for the rest of his life. my guess is this will result in a hung jury. the state will try him again and maybe enough time will pass between the events and the second trial that he may stand a chance.


He gets two bites at the apple: A "stand your ground" hearing" as to whether the facts are adequate to convict. The standard, I think, is low- probably "more likely than not". If he loses, he goes to trial. If he wins, the charges are dismissed, but the state can appeal.

Because this is a judicial hearing, that is why they rescued the judge.
rfenst Offline
#842 Posted:
Joined: 06-23-2007
Posts: 39,447
jojoc wrote:
what do you think the odds of a change of venue are? Here in Idaho, courts are very reluctant to relocate trials.


I think the odds of a venue change should this go to trial are good. It could be very difficult to get unbiased jurors.
Papachristou Offline
#843 Posted:
Joined: 10-20-2010
Posts: 845
i am amazed at how much misinformation is out there in regards to this case and how many incorrect "facts" are floating around.

Most people i talk to:

insist Z followed T, from the 911 call it doesnt appear to be the case, he continued talking to the dispatcher for quite awhile
they dont know about the polygraph/voice stress test he took
dont know about the dope in Ts system or that the candy and tea he bought are generally used to make an iillegal drink called "lean" (tea, skittles and cough syrup)
dont know about T bragging on twitter about punching a school bus driver
dont know about Ts three school suspensions (graffiti, stolen jewelry and drug baggies)
say that Z was a wanna be cop when he actually exposed sanford PD for slothfulness, racial bias etc after going on several ride alongs
that Z mentored black students through a program and continued to do so at his own expense
that Z was recognized by black community for helping bring to light the beating of a black homeless man by a sanford pd's son

i believe Zs biggest mistake since the shooting was lying about the funds. that really makes him look bad. we'll never know what actually happened that night. I would find it hard to believe that someone with that history hates blacks and actually wanted to kill a kid.

whether it was T or Z who first mouthed off to the other, i still think it could have been defused at that point by either party. If T said hey **** why are you following me, Z could have identified himself and mentioned the recent crime spat to which T could have explained why he was there and respectively, if Z yelled at T first, T could have identified himself/where he was staying/why. No one wins at the end of the day. I know a lot of friendships have been destroyed by people taking concrete sides on this even though none of us will ever truly know for sure.

HockeyDad Offline
#844 Posted:
Joined: 09-20-2000
Posts: 46,199
Z got his "burn notice".
rfenst Offline
#845 Posted:
Joined: 06-23-2007
Posts: 39,447
Papachristou wrote:
i am amazed at how much misinformation is out there in regards to this case and how many incorrect "facts" are floating around.

Most people i talk to:

insist Z followed T, from the 911 call it doesnt appear to be the case, he continued talking to the dispatcher for quite awhile
they dont know about the polygraph/voice stress test he took
dont know about the dope in Ts system or that the candy and tea he bought are generally used to make an iillegal drink called "lean" (tea, skittles and cough syrup)
dont know about T bragging on twitter about punching a school bus driver
dont know about Ts three school suspensions (graffiti, stolen jewelry and drug baggies)
say that Z was a wanna be cop when he actually exposed sanford PD for slothfulness, racial bias etc after going on several ride alongs
that Z mentored black students through a program and continued to do so at his own expense
that Z was recognized by black community for helping bring to light the beating of a black homeless man by a sanford pd's son

i believe Zs biggest mistake since the shooting was lying about the funds. that really makes him look bad. we'll never know what actually happened that night. I would find it hard to believe that someone with that history hates blacks and actually wanted to kill a kid.

whether it was T or Z who first mouthed off to the other, i still think it could have been defused at that point by either party. If T said hey **** why are you following me, Z could have identified himself and mentioned the recent crime spat to which T could have explained why he was there and respectively, if Z yelled at T first, T could have identified himself/where he was staying/why. No one wins at the end of the day. I know a lot of friendships have been destroyed by people taking concrete sides on this even though none of us will ever truly know for sure.



Unless tox screen shoes T was under the influence of drugs such that his faculties would have been impaired, the possible cough syrup thing is highly speculative and the THC and other pot stuff is not admissible. So to will be the other petty crimes. Punching one other person might be admissible, but only if significantly similar in circumstance. Most of the above is inadmissible in court unless the prosecution makes race a factor. Z will not start up with his own character evidence or he will open the door to every thing they know he ever did that disparages his character.
rfenst Offline
#846 Posted:
Joined: 06-23-2007
Posts: 39,447
Here is an interesting tidbit:

My current part-time secretary graduated from law school several months ago and starts working at the Sanford courthouse as a prosecutor- next Monday. Her office is in the same building as the courtroom. She will be able to sit in on just about all the hearings so long as her work gets done. I am CERTAIN she will learn stuff not published in the media...
Papachristou Offline
#847 Posted:
Joined: 10-20-2010
Posts: 845
sweet, keep us informed.

I didnt mean to imply those tidbits would be admissible in court but rather that we dont get the full scope from the media to make an educated decision. they just give us the pieces that they want us to have.
rfenst Offline
#848 Posted:
Joined: 06-23-2007
Posts: 39,447
Trayvon Martin's school records sought by Zimmerman attorneys

September 7, 2012, 12:50 p.m.

Defense lawyers are seeking the school records of Trayvon Martin, the black teenager shot to death earlier this year by George Zimmerman in a confrontation at a gated community in Florida.

Zimmerman is facing a second-degree murder charge in the celebrated case.

In a post on the defense website, Zimmerman’s lawyers said they have sent subpoenas to schools attended by Martin, 17, who was killed Feb. 26. Zimmerman has maintained that he shot the unarmed Martin in self-defense.

“Our first request is a series of Subpoenas for Production of Documents requesting school records for Trayvon Martin,’’ according to the post by the law firm of Mark O’Mara, who represents Zimmerman, a neighborhood watch volunteer. The defense is also seeking posts by Martin on social media sites. Among the documents being sought are school discipline and suspension records.

At the time of the shooting, Martin was under suspension from the Miami-Dade County school system because of traces of marijuana found in his book bag.

Ben Crump, the attorney for the Martin family, denounced the subpoenas as a “witch hunt to try to assault [Martin's] character.”

“None of those things that are being subpoenaed is relevant to why Zimmerman profiled and pursued Trayvon and shot him in the heart,” Crump told the Orlando Sentinel.

Martin had other suspensions as well, including one for defacing a school door. Women’s jewelry and a screwdriver were also found in Martin’s book bag, according to the Miami Herald, but no action was taken for those items, the newspaper said.

8trackdisco Offline
#849 Posted:
Joined: 11-06-2004
Posts: 60,106
DrMaddVibe wrote:
Court: Zimmerman judge should disqualify himself

ORLANDO, Fla. (AP) — A three-judge panel in Florida has ruled that a former neighborhood watch leader charged in the fatal shooting of teenager Trayvon Martin should be granted a new judge in his case.

Florida's Fifth District Court of Appeal ruled Wednesday that Judge Kenneth Lester should enter a motion to disqualify himself in George Zimmerman's second-degree murder case. Zimmerman's attorney Mark O'Mara asked the court earlier this month to overturn a previous ruling by Lester not to leave the case.

One of the three judges dissented in the ruling.

O'Mara had argued that Lester should disqualify himself after he said the judge made disparaging remarks about Zimmerman's character and advocated for additional charges against him in setting his $1 million bond in July.
Zimmerman remains free on bail. He's pleaded not guilty.


http://news.yahoo.com/court-zimmerman-judge-disqualify-himself-215712493.html



http://www.youtube.com/watch?v=kK62tfoCmuQ



More activist judges hijacking.......... wait.....
rfenst Offline
#850 Posted:
Joined: 06-23-2007
Posts: 39,447
8trackdisco wrote:
More activist judges hijacking.......... wait.....


How so?
Users browsing this topic
Guest
19 Pages«<13141516171819>