It is currently Sun Jun 15, 2025 10:59 pm

All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 973 posts ]  Go to page Previous  1 ... 32, 33, 34, 35, 36, 37, 38 ... 49  Next
Author Message
PostPosted: Wed Feb 26, 2014 5:12 pm 
Offline
ADMIN
User avatar

Joined: Tue Mar 27, 2012 5:30 pm
Posts: 57126
Location: Pomeroy's Wine Bar
kingkazpur wrote:
Jesse Jackson exploits anniversary of Trayvon Martin’s death, because he’s Jesse Jackson

Read more: http://dailycaller.com/2014/02/26/jesse ... z2uSNS6Gfl

Another blog from Sundance at CTH.......

Jesse Jackson Honors Trayvon Martin Death Anniversary – So It Is Fitting We Too Should Honor “The TRUTH Of Trayvon Martin”…
Posted on February 26, 2014 by sundance


_________________
Image Do not go gentle into that good night.
___________ Rage, rage against the dying of the light


Top
 Profile  
Reply with quote  
PostPosted: Wed Feb 26, 2014 5:57 pm 
Offline
User avatar

Joined: Fri Apr 05, 2013 11:47 pm
Posts: 253
Great video

[youtube]yjV9dzE_J_U&feature=youtu.be[/youtube]


Edit Rumpole
You did well with previous YT
:doh

:fish
You have to keep JUST what "v=" Delete any &......



Top
 Profile  
Reply with quote  
PostPosted: Wed Feb 26, 2014 6:14 pm 
Offline
ADMIN
User avatar

Joined: Tue Mar 27, 2012 5:30 pm
Posts: 57126
Location: Pomeroy's Wine Bar
Just a word of caution.

I do NOT want to go down the road of BGI, Racism in general. Of course it is part of the stuff swirling around GZ..

...but I'd rather not branch out into it in general. Trust me... it ends in tears as a discussion topic :cool

Raise it as a real issue within cases by all means... with info and examples actually related to the case.

I mainly mention this as just a caution... so people might understand why posts vanish :roll

_________________
Image Do not go gentle into that good night.
___________ Rage, rage against the dying of the light


Top
 Profile  
Reply with quote  
PostPosted: Wed Feb 26, 2014 7:05 pm 
Offline
User avatar

Joined: Sat Nov 17, 2012 10:34 am
Posts: 892
Location: Cincinnati, OH, USA
Rumpole wrote:
"Homicide" = Death at the hands of another person.

The killing of TM was Homicide.

It was "Justifiable homicide"


Any death of a person is a homicide. What is important is that the SL exception applies specifically to the two statutes under which Zimmerman was tried and acquitted.

Unless I'm mistaken, a civil suit under 782.04 or 782.07 would cause double-jeopardy to attach. The Martin family would have to file a civil suit for wrongful death based on one of the *other* homicide statutes in Florida:

Quote:
CHAPTER 782
HOMICIDE
782.02 - Justifiable use of deadly force.
782.03 - Excusable homicide.
782.04 - Murder.
782.051 - Attempted felony murder.
782.065 - Murder; law enforcement officer, correctional officer, correctional probation officer.
782.07 - Manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated manslaughter of a child; aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.
782.071 - Vehicular homicide.
782.072 - Vessel homicide.
782.08 - Assisting self-murder.
782.081 - Commercial exploitation of self-murder.
782.09 - Killing of unborn quick child by injury to mother.
782.11 - Unnecessary killing to prevent unlawful act.
782.34 - Partial-birth abortion.


The only possible exception I could see is 782.07(1) (the only manslaughter clause that could even possibly apply):
Quote:
The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is manslaughter, a felony of the second degree...


The key phrase: "The killing of a human being by the act, procurement, or culpable negligence of another..."

Zimmerman was tried and acquitted of "killing of a human being by the act of another", but killing by culpable negligence. (In fact, as discussed during the trial, a death arising from a deliberate act is mutually exclusive from a death arising from culpable negligence.) So, I suppose that the Scheme Team could try to bring a civil suit for a culpable-negligence manslaughter claim?

(Such a claim would be obviously specious, and Zimmerman would immediately file for 776.032 immunity - but I suppose that they could still try, technically speaking?)

_________________
"That the attacker sustained a mortal wound is a matter that should have been considered by the deceased before he committed himself to the task he undertook." - 5th DCA, Stinson v. State (Fl)


Top
 Profile  
Reply with quote  
PostPosted: Wed Feb 26, 2014 7:14 pm 
Offline
ADMIN
User avatar

Joined: Tue Mar 27, 2012 5:30 pm
Posts: 57126
Location: Pomeroy's Wine Bar
I see what you are saying, Chip.

But I can only repeat... I threw myself on the "Mercy" of a reputable lawyer and got the opinion I have posted, that in this case there is no limit as to when a Civil suit can be filed.

I do recall MOM saying (don’t ask for link) that should a civil suit be forthcoming... THEN he would do the Immunity Hearing thing that he reneged on before (or during) the trial. I assume that once GZ goes through that for one suit he will be immune to civil suits... but he was not immune if Crump had chosen to file suit, even after his acquittal on the criminal charges. The question is... has Crump missed the opportunity to try. The advice I have been given is... no, he can at some future date file suit.

I would welcome another interpretation from a lawyer (or Judge) familiar with Florida law.

Obviously a Civil suit does not mean "double jeopardy".... OJ for example.

_________________
Image Do not go gentle into that good night.
___________ Rage, rage against the dying of the light


Top
 Profile  
Reply with quote  
PostPosted: Wed Feb 26, 2014 8:09 pm 
Offline
User avatar

Joined: Sat Nov 17, 2012 10:34 am
Posts: 892
Location: Cincinnati, OH, USA
Rumpole wrote:
Obviously a Civil suit does not mean "double jeopardy".... OJ for example.


Digging into this... I had forgotten that "jeopardy" has been been interpreted to mean loss of life or liberty, but not property - and also to mean jeopardy of such loss from the *State* only, and not from private parties.

Sometimes I wonder if our Constitution actually means *anything* anymore...

_________________
"That the attacker sustained a mortal wound is a matter that should have been considered by the deceased before he committed himself to the task he undertook." - 5th DCA, Stinson v. State (Fl)


Top
 Profile  
Reply with quote  
PostPosted: Wed Feb 26, 2014 8:11 pm 
Offline
User avatar

Joined: Sat Jul 28, 2012 8:46 am
Posts: 617
Trayvon Martin’s Hoodie Will Be In Smithsonian Museum

--------------------------------------------------------------------------------

http://allhiphop.com/2013/08/02/tray...sonian-museum/


Quote:
“It became the symbolic way to talk about the Trayvon Martin case. It’s rare that you get one artifact that really becomes the symbol.”


Top
 Profile  
Reply with quote  
PostPosted: Wed Feb 26, 2014 11:17 pm 
Offline
ADMIN
User avatar

Joined: Tue Mar 27, 2012 5:30 pm
Posts: 57126
Location: Pomeroy's Wine Bar
H/T tretwig at CTH.....

Quote:
treewig says:
February 26, 2014 at 8:42 pm

Pulling this from another legal sight. The intent of the law is well meaning and intended for cases where the perpetrator is not initially found and/or takes many years to investigate and try. I do not believe this new 2010 mandate would apply to the GZ because he was acquitted of criminal homicide.

“In Florida, survivors of a person who dies as the result of another’s negligence must, under almost all circumstances, bring a wrongful death action with two (2) years of the date the person died as a direct result of that negligent act. There is, however, a narrow exception to the otherwise strict wrongful death statute of limitations that was created by the Florida Legislature in 2010 by Senate and House Bills (SB92 and HB1, respectively), more commonly known as the “Jeffrey Klee Memorial Act”. The Act provides that there be no time limit within which to file a wrongful death action provided the death was the result of a homicide. The Senate and House, recognize that homicide investigations often go many years before the party responsible for the homicide is identified and/or apprehended. To afford the survivors additional time to file a suit, the House and Legislature has liberally extended the time window within which an estate or survivor can file an action to be compensated for the loss of a loved one. Other than “The Act”, the time limit within which an action for wrongful death must be filed is narrow and strictly construed. It is important to recognize that the Statute of Limitation is triggered by the actual filing of a lawsuit in a court of competent jurisdiction, but , in most cases, time to investigate and collect evidence is necessary before filing a lawsuit and waiting too long to prepare could prevent one from filing suit in a timely manner.”


That passage seems to come from newlinlaw.com

http://newlinlaw.com/practice-areas/wro ... h-lawsuit/

My reading of it is that there IS the possibility of filing a WD suit beyond 2 years. Perhaps the intent is not to cover cases like the GZ one... but with a Crump involved, BGI etc I am sure he could if he were of a mind to.

For reasons stated above...
I do not think he will
I do not think he would prevail if he were silly enough to try.

_________________
Image Do not go gentle into that good night.
___________ Rage, rage against the dying of the light


Top
 Profile  
Reply with quote  
PostPosted: Thu Feb 27, 2014 1:23 am 
Offline
ADMIN
User avatar

Joined: Tue Mar 27, 2012 5:30 pm
Posts: 57126
Location: Pomeroy's Wine Bar
Another Sundance blog at CTH.....

Trayvon Martin’s Father: Americans Care More About Guns Than Children – Whoopsie… That’s Odd, Because Trayvons’ Father Was Texting Him About Guns Just Days Before Trayvon Was Shot…
Posted on February 27, 2014 by sundance

Trayvon Martin’s father, Tracy, appeared on MSNBC yesterday to talk about the second anniversary of Trayvon’s death. Tracy Martin discussed America’s obsession with guns.

However, as with all things from Tracy Martin and Sybrina Fulton the TRUTH is 180 degrees divergent.

Apparently Tracy Martin was all for Trayvon having a gun, until after Trayvon was killed and then he changed his position. You see, he was all for teens with guns, before he was against them.

Unbelievably, Trayvon’s Dad, Tracy, was actually one of the people talking to Trayvon about buying and selling a handgun.

The texts about buying a gun, and the type of gun, were part of the text communication mysteriously scrubbed (deleted) from Trayvon’s cell phone after his death.

Considering the “gun text conversation was mysteriously deleted” yet again you have another example of manipulation of the Trayvon storyline. Tracy’s involvement about guns for Trayvon was discussed in a late night proffer hearing during the Zimmerman trial.

...more at link
http://theconservativetreehouse.com/201 ... -was-shot/

_________________
Image Do not go gentle into that good night.
___________ Rage, rage against the dying of the light


Top
 Profile  
Reply with quote  
PostPosted: Thu Feb 27, 2014 11:10 pm 
Offline
User avatar

Joined: Fri Apr 05, 2013 11:47 pm
Posts: 253
More info on the statute of limitations regarding wrongful death. For the unlimited timeline that Rumpole was asking about you must have a murder or manslaughter conviction.

http://www.wolfandpravato.com/how-the-j ... n-florida/


Top
 Profile  
Reply with quote  
PostPosted: Thu Feb 27, 2014 11:18 pm 
Offline
ADMIN
User avatar

Joined: Tue Mar 27, 2012 5:30 pm
Posts: 57126
Location: Pomeroy's Wine Bar
That confirms what I was advised (by a lawyer... looking at the facts of this case and not just a general opinion).

Quote:
With the act now in place, wrongful death laws in Florida have changed. Now, wrongful death claims that involve homicide have no time limits. The survivors can file a claim at any time...


There is no statute of limitations in regards filing wrongful Death suit in regards a homicide, irrespective of a criminal trial, whatever verdict results. If one was filed George would almost certainly claim Immunity.. as MOM threatened to do before the Criminal trial.. but did not.

George DID kill TM... no question about that. It was a homicide.. by definition... I think it even states that on Death Certificate (I am guessing)

George NEVER sought Immunity, nor went through that process. After George's acquittal, MOM referred to the need to still have an Immunity hearing.. if anybody did file a Civil suit.

_________________
Image Do not go gentle into that good night.
___________ Rage, rage against the dying of the light


Top
 Profile  
Reply with quote  
PostPosted: Thu Feb 27, 2014 11:43 pm 
Offline
ADMIN
User avatar

Joined: Tue Mar 27, 2012 5:30 pm
Posts: 57126
Location: Pomeroy's Wine Bar
I would welcome other opinions from Florida lawyers..

I wonder what Crump, Parks, NastyJack say... interesting to get opinions for a laugh.

But it would be better to ask a proper lawyer.. Hornsby maybe? MOM? West? Jose Baez? Anybody in communication with those guys?

_________________
Image Do not go gentle into that good night.
___________ Rage, rage against the dying of the light


Top
 Profile  
Reply with quote  
PostPosted: Fri Feb 28, 2014 12:28 am 
Offline
User avatar

Joined: Fri Apr 05, 2013 11:47 pm
Posts: 253
Rumpole .... The citation I posted requires a conviction of Manslaughter or Murder. Homicide via justified use of force is not an option for the unlimited timeline.


Top
 Profile  
Reply with quote  
PostPosted: Fri Feb 28, 2014 12:32 am 
Offline
ADMIN
User avatar

Joined: Tue Mar 27, 2012 5:30 pm
Posts: 57126
Location: Pomeroy's Wine Bar
What you posted is a Blurb on a lawyer's site... a general opinion at best and I read it as agreeing with what I have been advised. Not a legal opion about anything really.. its an advertisement really.

It states:
Quote:
The Jeffrey Klee Memorial Act was put into effect to remove the statute of limitations for filing a wrongful death claim in cases of murder or manslaughter. Generally, the statute of limitations to file a claim in Florida is two years. Under this law, families whose loved one is murdered or killed in a case of manslaughter may file a claim at any time regardless of how much time has passed.


It does not even mention, let alone address, the legal position we have in GZ case with an accused acquitted.
I would say acquitted of a charge is not that different a position to somebody who is NOT Able to be charged after a long time. Both are not guilty in the eyes of the law.. but the Jeffrey Klee Memorial Act was passed to address the situation where a person never gets charged.

There is little point in us lay people stating our opinions... we are guessing to some extent. That is why I asked a lawyer. I would concede that that is ONE opinion only... so, as I stated, I would like to see what other LAWYERS say.. but as it applies to the specifics of the GZ case.

I asked for a "free consultation" on this question at that website... see if that bears fruit :) (no allusion to Tracy Martin intended) :slap

Quote:
Thank you!

Thank you for contacting the Law Offices of Wolf & Pravato. Our experienced attorney will review your case and get back to you shortly.

_________________
Image Do not go gentle into that good night.
___________ Rage, rage against the dying of the light


Top
 Profile  
Reply with quote  
PostPosted: Fri Feb 28, 2014 2:47 am 
Offline
User avatar

Joined: Fri Apr 05, 2013 11:47 pm
Posts: 253
video turned up of trayvon martin getting high


Top
 Profile  
Reply with quote  
PostPosted: Fri Feb 28, 2014 2:55 am 
Offline
ADMIN
User avatar

Joined: Tue Mar 27, 2012 5:30 pm
Posts: 57126
Location: Pomeroy's Wine Bar
Interesting.... always the sceptic.... are you sure its TM?

Do you know any "Provenance" in regard this vid?

I'll keep a copy just in case it vanishes from YT :)

_________________
Image Do not go gentle into that good night.
___________ Rage, rage against the dying of the light


Top
 Profile  
Reply with quote  
PostPosted: Fri Feb 28, 2014 3:32 am 
Offline
ADMIN
User avatar

Joined: Tue Mar 27, 2012 5:30 pm
Posts: 57126
Location: Pomeroy's Wine Bar
Even if it is TM... I could write the Traybot Worrier posts myself now....

Doesn't matter.... children that age all smoke dope...

:DN4 "Everybody must get stoned" :DN4

Rainy Day Women #12 & 35
http://cbcpp.com/202mp3/rainydaywomen.mp3

_________________
Image Do not go gentle into that good night.
___________ Rage, rage against the dying of the light


Top
 Profile  
Reply with quote  
PostPosted: Fri Feb 28, 2014 3:43 am 
Offline
User avatar

Joined: Fri Apr 05, 2013 11:47 pm
Posts: 253
Turned up on this facebook page https://m.facebook.com/story.php?story_ ... 81402&_rdr a person name Stephan Bramble of Miami


Top
 Profile  
Reply with quote  
PostPosted: Fri Feb 28, 2014 4:15 am 
Offline
ADMIN
User avatar

Joined: Tue Mar 27, 2012 5:30 pm
Posts: 57126
Location: Pomeroy's Wine Bar
This link works better for me...

https://www.facebook.com/Thesolemansb

_________________
Image Do not go gentle into that good night.
___________ Rage, rage against the dying of the light


Top
 Profile  
Reply with quote  
PostPosted: Fri Feb 28, 2014 2:04 pm 
Offline
ADMIN
User avatar

Joined: Tue Mar 27, 2012 5:30 pm
Posts: 57126
Location: Pomeroy's Wine Bar
Rumpole wrote:
There is little point in us lay people stating our opinions... we are guessing to some extent. That is why I asked a lawyer. I would concede that that is ONE opinion only... so, as I stated, I would like to see what other LAWYERS say.. but as it applies to the specifics of the GZ case.

I asked for a "free consultation" on this question at that website... see if that bears fruit :) (no allusion to Tracy Martin intended) :slap


NEW SUBMISSION from Free Consultation Form - http://www.wolfandpravato.com

Quote:
Rumpole Q:
Is George Zimmerman still liable to a Wrongful Death suit being filed?
That is, does the no "Statute of Limitations" still apply after a trial and an acquittal.

Vince Pravato A:
A suit can be filed against him for the death. Very similar to the suit filed against OJ Simpson. Nicole's family won.


So... that is TWO reputable FLORIDA lawyers who have stated an opinion that GZ IS still exposed to a potential Wrongful Death Suit.
And FWIW my reading of what info I have found online leads me to that same opinion.

But, as I have stated, I do not think Crump will file anything, and even if he did, George would prevail and the Plaintiffs (Scheme Team et al) would have to pay costs.

_________________
Image Do not go gentle into that good night.
___________ Rage, rage against the dying of the light


Top
 Profile  
Reply with quote  
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 973 posts ]  Go to page Previous  1 ... 32, 33, 34, 35, 36, 37, 38 ... 49  Next

All times are UTC - 5 hours [ DST ]


Who is online

Users browsing this forum: No registered users and 29 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum

Jump to:  
cron
Powered by phpBB® Forum Software © phpBB Group