Category: Criminal Procedure

State Witness: “No evidence to contradict George Zimmerman’s statement”

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Talk about burying the lead. CBS and the other ‘news’ outlets are reporting that a Florida judge granted bail for George Zimmerman, the neighborhood volunteer who was forced to defend himself against a brutal attack. Zimmerman has been through Hell for no other reason than a prosecutor with political ambitions decided to bring 2nd degree murder charges against him. Reasonable people have long thought there was no evidence to support such a charge, and now our beliefs are confirmed by none other than the State’s own investigator, Dale Gilbreith. (more…)

Understanding the Charges Against George Zimmerman

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In a news conference on April 11, 2012, a pandering special prosecutor announced that she and her team of investigators were going to seek ‘justice for Trayvon’ by charging the victim, George Zimmerman, with 2nd degree murder. So, let’s take a look at what that means.

The Elements of 2nd degree murder:

Second degree murder is a homicide (the killing of another human) committed with malice. The issue in this case isn’t whether a homicide occurred. Zimmerman clearly killed Martin, and admits to doing it. Here, we are concerned with the element of malice, which can be proven in four ways:

  • Intent to kill
  • Intent to commit serious bodily harm
  • Reckless disregard for the life of another
  • By application of the Felony Murder Rule, if one exists by statute in the State of Florida.

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Racist Blacks and the real tragedy of Trayvon Martins’ legacy

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As the sophomoric crowds of protesters jump on the racist bandwagon, marching through the streets of America’s cities demanding “justice” for Trayvon Martin, the rest of us are forced to ask the obvious question. Why do black racists like Al Sharpton, Louis Farrakahn, and Barack Obama get a pass when it comes to Due Process for other races?

A Grand Jury has been impaneled to investigate what happened on the night Williams was killed. Why do the Black Panthers and Al Sharpton’s idiot minions believe that they can circumvent the justice system? Isn’t that how Americans get justice, in the court system? Can you imagine if a group of Hispanics, Asians, or Whites demanded that the court system be circumvented? The whining in the Black community would be ear-splitting, and the term “lynch mob” would be screeched across the airwaves. (more…)

Oppostion Research-Why Defense Lawyers Should Care

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Opposition research (oppo) is the art of defining a challenge. How can you possibly know the scope of any potential adversarial interaction if you don’t know all there is to know about your opponent? Oppo is generally conducted by political consultants and corporate reputation managers who dig into the background of potential political and business adversaries. Opposition researchers also dig into their client’s backgrounds in preparation for high-profile political and corporate activities. It’s the surest way to find out what’s out there about your opponent and yourself, for better or worse.

Criminal defense attorneys are at a distinct disadvantage when they fail to research their legal adversary, the district attorney. District attorneys are not the mere representatives of the State. They are in fact politicians–bought and paid for by tax-exempt political donations. They have political ambitions, and if you think they leave those ambitions at the courthouse door in order to pursue justice—think again. All district attorneys want to further their political careers, and they don’t get elected judge, or even better, attorney general, unless they bring their politics into the courtroom with them. What you don’t know about the district attorney you’re dealing with could cost your client their freedom and you your reputation as a criminal defense attorney. Case in point: State of Wisconsin vs. Christopher A. Wicks (more…)

Small Town Revenge and Your Right to Remain Silent

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The Taylor County Airport manager has been charged with theft. He really should’ve seen this coming. That’s one thing that strikes me about outsiders around here–they really believe the age-old small-town meme that spawned Mayberry RFD. And as inevitably happens, they find out the hard way that Taylor County, Wisconsin, is more like Stephen King’s Derry than good ol’ Mayberry. Sheriff Andy and Aunt Bea don’t live anywhere near here.

James Wood is a whistle blower. He caught the locals trying to siphon off millions of dollars of taxpayer money by fraudulently claiming the Taylor County Airport has over 7,500 flights a year. Wow. We’re a metropolis. Who knew? In reality, the number of flights in and out of here is around 800 per year, and almost all of that traffic is Weathershield and Nestle executives and local owners of small aircraft. (more…)

Police Searches: How Unlucky Can You Get?

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Meet Hollis Deshaun King, the unluckiest SOB on the planet. On October 13, 2005, King and two friends were hanging out in King’s apartment minding their own business while smoking marijuana. Just outside of the apartment complex where the King crew was chilling, a drug bust was going down. The Lexington–Fayette County police were chasing a suspect on foot. The suspect entered the breezeway of the apartment building and promptly disappeared. The police were close enough behind him that they heard a door slam when the suspect ducked into an apartment, but they didn’t know for certain which one. So, summoning all of their hot-pursuit expertise, they chose door number one, King’s door, because they smelled marijuana in breezeway. (more…)

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