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 Post subject: Marissa Alexander
PostPosted: Tue Jan 07, 2014 1:13 am 
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Giving this a separate thread... moving posts from "Snippets" thread.....


State Attorney Moves To Revoke Marissa Alexander’s Bond
6:03 PM, Jan 6, 2014

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JACKSONVILLE, Fla. -- A motion has been filed by State Attorney Angela Corey to revoke the bond of Marissa Alexander.

As a condition of her release, Alexander was to remain on home detention but the motion sites numerous time she left her home to run errands.

Alexander was released on bond on the day before Thanksgiving while she awaits her new trial for firing a gunshot during an confrontation with her now ex-husband.

A hearing for this motion is set for Friday at 9 a.m.

...more at link
http://www.firstcoastnews.com/news/stor ... 21372563=1

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PostPosted: Tue Jan 07, 2014 3:42 pm 
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Off topic but it appears Marissa Alexander is headed back to jail

Alexander, 33, may soon be back behind bars, less than two months after she got out.
According to the office of State Attorney Angela Corey, Alexander violated the conditions of her bond within days of being released. She went out shopping for clothes, drove family members to the hair shop and airport, got a new driver’s license and visited the bank.

Read more at Jacksonville.com: http://jacksonville.com/.../prosecutors ... -marissa...


edit rumpole
The link is a copy/paste of a post somewhere, and is abbreviated... so does not work

Proper link:
http://members.jacksonville.com/news/crime/2014-01-07/story/prosecutors-seek-put-marissa-alexander-back-jail-blatant-violations-her

There are suitable places for most topics at RT... :cool


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PostPosted: Tue Jan 07, 2014 3:53 pm 
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Guess she really missed being in jail. :95 She deserves to go back if she can't follow the rules.

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PostPosted: Tue Jan 07, 2014 7:12 pm 
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Hi Mal. Yes! Seems people ARE consistent, aren't they.


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PostPosted: Fri Jan 10, 2014 3:17 am 
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O'Mara law blog.....

Abuse of Prosecutorial Discretion in the Marissa Alexander Case

Tomorrow, Marissa Alexander faces prosecutors from Angela Corey’s office -- prosecutors who want to revoke her bond and throw her back in jail until her trial begins on March 31. Ms. Alexander, you’ll remember, due to Florida’s 10-20-Life mandatory sentencing law, received an astonishing 20-year sentence for firing a gun in the direction of her estranged husband in the presence of his two children (a self-defense warning shot, she claimed; no one was hurt). Due to improperly drafted jury instructions, the conviction was overturned, and Ms. Alexander is out on bond until her retrial.

That is, unless Angela Corey’s office has their way. The State’s Motion to Modify or Revoke Bond states that Alexander’s release terms prohibit her from leaving her residence “except for court appearances, medical emergencies, and to satisfy any requirements.” The motion goes on to detail several personal errands that Alexander conducted, and claims these outings violated her bond. Ms. Alexander’s attorney responded, indicating that she properly obtained permission from a correctional services officer, the person charged with the responsibility of supervising Alexander,(and I expect that officer will be making some compelling testimony at tomorrow’s hearing). The State says it doesn’t matter if Ms. Alexander received permission from the officer, arguing that only the Court can grant such permission.

The judge will have the opportunity to decide whether or not Alexander violated her bond, OR the judge may use this opportunity to clarify the intent of the original bond motion. In other words, the judge will use discretion to decide if Alexander’s actions violated the spirit of the bond order. Speaking of discretion, the prosecutors also have considerable discretion in how they decide to prosecute the case. In this particular instance, Corey’s office could have notified the defense that they felt Ms. Alexander’s outings violated bond, with or without permission from the correctional services officer, and a reasonable course of action would have been to attempt to resolve the issue between the attorneys, as courts often tell us to do. Or the State could have filed a motion before the Court requesting clarification. Instead, they seem bent on sending her back to jail – or, perhaps, getting a higher bond amount set, thus taking precious money away from her already poorly funded defense.

...more at link
http://omaralawblog.com/index.php/8-blo ... ander-case

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PostPosted: Fri Jan 10, 2014 11:17 am 
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So, she asked permission and didn't just decide to ignore or flaunt the rules! Amazing how one's view on things can change as new details emerge. :)

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PostPosted: Fri Jan 10, 2014 11:55 am 
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http://legalinsurrection.com/2014/01/to ... -tomorrow/


Marissa Alexander will learn on Friday if her current bail and home detention will be allowed to continue, or if it will be revoked, sending her back to jail until her re-trial.

Alexander is currently on bail following her earlier conviction for aggravated assault with a handgun and the resulting mandatory minimum sentence of 20 years under Florida’s “10-20-Life” statute. Her defense to the charges seems to be largely based on the notion that she “only fired a warning shot,” a claim we’ve previously shown to be disingenuous here:

The Myth of Marissa Alexander’s “Warning Shot”

As I’ve previously commented, Alexander never struck me as a reasonable candidate for bail, given her previous conduct while on bail (e.g., committing battery against her husband, Rico Gray, while under an order of protection to remain away from him) resulting in that earlier bail being revoked. See my previous commentary on the subject of Alexander’s bail here:





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I know what you mean, Mal! I am so confused!


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PostPosted: Fri Jan 10, 2014 2:34 pm 
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Marissa Alexander to remain free as she awaits retrial
01/10/14 11:41 AM
By Morgan Whitaker

Marissa Alexander will remain free while she awaits a retrial after a Florida judge decided against revoking her bond Friday.

The Florida State Attorney’s Office, run by Angela Corey, had filed a motion to have Alexander’s bond revoked after she ran errands that appeared to violate the terms of her home detention in the weeks after her release on Nov. 27. Alexander’s correctional service counselor has testified that she authorized all of the trips Alexander took, including shopping for clothes and going to the bank, because she believed they were within the scope of Alexander’s bond conditions. She also testified that she was not worried about the risk of Alexander traveling beyond what she had authorized, in part because she has been wearing a GPS monitor.

Judge James Daniel decided that, while Alexander’s errands were beyond the scope of her bond conditions, those trips did not constitute “a willful violation,” because she had received clearance from the counselor.

...more at link
http://www.msnbc.com/politicsnation/mar ... ts-retrial

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PostPosted: Fri Jan 10, 2014 3:20 pm 
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Marissa Alexander - Bond Hearing - January 10, 2014


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PostPosted: Fri Jan 10, 2014 3:50 pm 
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Oooppssie! I wonder if the CSC will be briefed on her job requirements! But seriously wouldn't Ms. Corey's office known that prior to filing the motion?


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PostPosted: Sat Jan 11, 2014 9:22 am 
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I missed the part about the myth of the warning shot by Marissa Alexander. I need to catch up but I've been against mandatory minimum sentencing laws for years and to me this was too harsh of a sentence. Also I'm biased regarding Angela Corey so I should keep my mouth shut about how she chooses what charges to bring.


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 Post subject: Re: Marissa Alexander
PostPosted: Mon Mar 17, 2014 12:39 am 
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Marissa Alexander: Fla. woman asks for second 'stand your ground' hearing
March 15, 2014|MCT REGIONAL NEWS

Attorneys for a Jacksonville woman are asking for a 'stand your ground' hearing to argue that she fired a shot at her estranged husband in self-defense.

It will be the second time Marissa Alexander, 33, seeks immunity from prosecution under the state's 'stand your ground' law, which allows the use of deadly force instead of retreating if the person is afraid for his or her life.

A previous claim in July 2011 was rejected.

...more at link
http://articles.orlandosentinel.com/201 ... ed-husband

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 Post subject: Re: Marissa Alexander
PostPosted: Mon Mar 17, 2014 12:42 am 
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Marissa Alexander asks for stand your ground immunity hearing
Reported by: Leslie Coursey
Published: 3/14 6:08 pm

JACKSONVILLE, Fla. -- Marissa Alexander is a mother looking at a lengthy prison sentence, a minimum of 20 years if convicted for a second time of aggravated assault with a deadly weapon.

In August 2010, prosecutors say Alexander fired a gun in the direction of her husband and his two children. She claimed she was a victim of domestic violence and that she fired the shot to stop another beating. Prosecutors say she was shooting to kill.

New documents filed Friday by Alexander's attorney reiterate her claim that she was the victim here, calling her husband, Rico Gray, "serially-abusive."

The documents say Alexander fired a "warning shot" that inflicted no injury.

They say there's new evidence to prove this was a clear-cut case of self-defense as outlined by a controversial law that sparked protests in Tallahassee this week.

The motion filed asks for an immunity hearing under the Stand Your Ground law.

...more at link
http://www.actionnewsjax.com/content/to ... 2PnSA.cspx

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 Post subject: Re: Marissa Alexander
PostPosted: Mon Mar 17, 2014 6:40 am 
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The Stand Your Ground law is an interesting one, it would not surprise me if this was the case of a woman who had just had enough. I'll look this one up as it's not a case I've heard a lot about.

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 Post subject: Re: Marissa Alexander
PostPosted: Mon Mar 17, 2014 6:45 am 
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The case was raised and compared with Zimmerman..... then revived when she scored a re-trial.

I did not follow it in detail... but interest is revived now :)

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 Post subject: Re: Marissa Alexander
PostPosted: Mon Mar 17, 2014 2:58 pm 
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renewsit blog has another "Guest Blog"

Guest blogger David Piercy is currently a paralegal student studying in California.


Clearing up the confusion: Marissa Alexander's Second Trial
Monday, March 17, 2014

In July 2014 Florida will once again be center stage for a controversial high profile case involving questions of an individual’s right to self-defense and the law commonly known as Stand Your Ground. The accused is, Marissa Alexander, a 31-year-old African American woman from Jacksonville, Florida, who was found guilty in May 2012 for aggravated assault and sentenced to a state-mandatory 20 years in prison. Marissa Alexander had argued that she fired a warning shot at her husband, Rico Gray, because she feared for her life and had suffered years of abuse. Marissa had, in fact, filed an injunction against him in 2009, and Marissa was arrested in 2010 for domestic violence against Rico Gray. Marissa went on to marry Gray and they had a child together days before the warning shot incident. Rico Gray's 1994 record for domestic violence here.

In September 2013 the 1st District Court of Appeals ruled that instructions given to the jury improperly shifted the burden of proving self-defense to the defendant. The court granted Ms. Alexander a new trial and in November Marissa was released from prison and placed on strict house arrest pending trial.
[......]
Lastly I believe the court will reject the motion for Self Defense Immunity due to the fact that under existing Florida law a “warning shot” is not a legally recognized method of self-defense. Although the Florida legislature is currently working on expanding their Self Defense Immunity law to include “warning shots”, Alexander is bound by what the law was at the time of the incident. I fully expect to see a full jury trial in July, although a denial of attorney Zimet’s immunity motion is an appealable decision and an avenue he may pursue which could potentially effect the trial date.

Alexander faces a mandatory 60 year prison sentence if convicted a second time, 20 years for each victim which must be served consecutively. Alexander was offered a plea deal (first trial),by Angela Corey but did not accept.

On an interesting side note:
On March 9th 2014 the family of Marissa Alexander joined the families of Trayvon Martin and Jordan Davis at a rally in Tallahassee, Florida calling for a full repeal of the law which Marissa now seeks protection under.

...more at link
http://www.re-newsit.com/2014/03/cleari ... rissa.html

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 Post subject: Re: Marissa Alexander
PostPosted: Mon Mar 17, 2014 5:35 pm 
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What a tangled web this case is!

I'm curious how the rabid bunch from IS2 is handling this case. Who's been declared the victim? How are they reconciling the fact that one minute she's advocating abolishing self-defense, then when it can benefit her, she's against it? I bet heads are exploding! :84

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 Post subject: Re: Marissa Alexander
PostPosted: Mon Mar 17, 2014 6:22 pm 
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Interesting that they want it both ways it seems.

I would wonder how Marissa would fare if she had shot and killed Gray.


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 Post subject: Re: Marissa Alexander
PostPosted: Mon Mar 17, 2014 9:31 pm 
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It seems to me that there are annomalies in the law,that may need addressing. I seem to vaguely recall it is a point mentioned as needing to be addressed, or even perhaps is being addressed?

It is illegal to fire a warning shot... so better to shoot to kill, or at least wound.

I think it came up in Dunn trial with Mob types saying he should have fired warning shot(s). That is NOT actually very wise if you do genuinely think your life is in danger (especially from an armed threat). That might just get you killed. It was mentioned that it would have been illegal for Dunn to do that. I think the same applies to Marissa case now, and the law as it stands is what will be considered in her case. Any change to the law now can not be applied retrospectively to the events that her case is about

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 Post subject: Re: Marissa Alexander
PostPosted: Wed Mar 19, 2014 1:53 am 
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DOCKET - Update

Duval County Clerk of Courts
https://core.duvalclerk.com/CoreCms.aspx

ALEXANDER , MARISSA DANIELLE (D) - Case 16-2012-CF-011572-AXXX-MA

RECENT ENTRIES
Spoiler:
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