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PostPosted: Fri Jun 21, 2013 11:08 pm 
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kbp wrote:
As posted at CTH and GZLegal...

http://www.gzdocs.com/documents/0613/re ... ements.pdf
DEFENDANT'S SPECIFIC RESPONSE TO STATE'S MOTION IN LIMINE REGARDING SELF-SERVING HEARSAY STATEMENTS OF DEFENDANT

Here is the 3 minutes of the hearing in which Nelson ruled on the issue:
http://www.youtube.com/watch?feature=pl ... i0#t=2707s

It seems like Nelson's memory of it was slightly different than the video.


Here is the guts of the West Motion:

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PostPosted: Fri Jun 21, 2013 11:33 pm 
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Obviously: The potential import of the res gestae exceptions is that GZ's exculpatory hearsay statements are admissible in evidence, w/o GZ taking the stand, via testimony from Smith and W13.

Not So Obviously: Testimony by Smith and W13, in combination with physical evidence (photos of GZ injuries) other witnesses (W6, EMT, medical expert), may even be sufficient to entitle GZ to jury instructions on self-defense, w/o GZ ever taking the stand.


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PostPosted: Fri Jun 21, 2013 11:37 pm 
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So..... will Nelson DENY this West res gestae motion?

Seems the law don't matter?

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PostPosted: Sat Jun 22, 2013 12:01 am 
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Rumpole wrote:
So..... will Nelson DENY this West res gestae motion?

Seems the law don't matter?


I dunno, previously I would say DENY for sure, but Nelson has been acting strangely of late, and might rule in accordance with law.

Looks like reversible error if she denies in view of cases cited by West.


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PostPosted: Sat Jun 22, 2013 12:20 am 
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I think she looked to be acting properly when she reversed 2 of BDLR's Juror strikes... but in fairness they were all in a bit of a hurry, and perhaps in her haste she made a mistake and ruled properly? Or perhaps her meds had not kicked in after lunch? She was certainly back to "type" yesterday...

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PostPosted: Sat Jun 22, 2013 12:22 am 
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THREAD LOCKED


Please continue discussion in next thread





George Zimmerman/Trayvon Martin Discussion #7
viewtopic.php?f=48&t=961

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