Coincidentially, Shadwick here was a Florida case, fn. 12 gives a list of states and if they determine a Magistrate is interchangeable with Judicial Officer.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=407&invol=345
Before I came across Shadwick, which was many many years ago, I always thought a Judge had to issue an arrest warrant, period. I know the SC has interchanged Magistrate with Judge, but never thought it may include even a Clerk of court.
Well, yeah us. But I was talking about the rest of 'em
As has already been pointed out, even if he was, surely Zimmerman’s right to legal counsel would include the right to consult with his father. Being a suspect in a criminal investigation is not a closed book exam.
You dudes have finally driven Bricker off the deep end with the thread. :eek:sigh, I knew him when…
Fancy that. Kinda reminds me of receivers here in Cali…not only do they not need a diploma in order to be court receivers and handed the keys to everything of value belonging to a litigant, they don’t even have to be able to read and write. In fact, a convicted felon would find that no legal barrier to becoming a court appointed receiver with all the power that brings.
While my sister had to complete 300 hours of training and pass both a written and practical test in order to pay hundreds of dollars for a license that would permit her to paint fingernails.
The world is just wacky, I tell ya.
This is what I meant by the 1% - the people you were describing as rich:
That definitely sounds like 1%ers to me, and I wouldn’t only use the word ‘rich’ to describe the super-rich.
Rich probably was the wrong word to use for that estate, though, I agree. I get the impression that Martin and his family are less well-off than the people who live on that estate (inc. Martin’s Dad’s GF), so it might have seemed rich to him - that’s where I was coming from.
But anyway, that’s a tangent. Them being strangers to him is more significant.
Also, there was that case cited earlier in the thread of a teenager - an exchange student - being shot dead for knocking on someone’s door (on Halloween) and the shooter getting off due to the state’s (Texas, IIRC) Castle doctrine.
post 3114: “I stand by my earlier posts that challenged those who didn’t think there was a legal challenge to be made against Zimmerman. Martin’s recent acts of youthful stupidity doesn’t change anything of what I said in those posts but it also doesn’t negate the likelihood that he instigated a beat down. I’m not saying he did it, I’m saying (IMO) there’s a better than 50% chance he started it based on what has come to light. I think he went off on Zimmerman when he was verbally challenged for being in the neighborhood”.
Well some of us made it through school without getting suspended for truancy, drugs and theft. If you’re suggesting that’s the norm now or that it isn’t an indication of less-than-stellar efforts on Martin then make the case. From my experience, people who steal or damage property with graffiti don’t care about others. It doesn’t mean he’s Charles Manson.
That wasn’t an opinion, it was based on what his girlfriend stated. We’ve been over this. Martin engaged Zimmerman first in conversation. Zimmerman replied. A scuffle ensues. It’s my opinion that Martin reacted to being challenged for being in the neighborhood. If Zimmerman reacted to what Martin said then I would say he threw the first punch. It also makes more sense that for Martin to get the upper hand on Zimmerman he would have had to sucker punch him to bring him down. This is opinion.
In court, all that’s going to count is that Martin was on top of Zimmerman and injuries ensued sufficient to believe that a life threatening situation existed. Getting one’s head pounded into cement poses such a threat. The only mitigating circumstance that can harm Zimmerman would be to prove that he instigated the fight.
I’m clear about what a Moderator does. I realize there is no specific requirement that a Moderator take the high road but one would hope. Obviously it bothered you to be called on it. Start your own thread if you don’t like it.
You’re mixing arguments here. I pointed out Martin’s flaws in the perspective that he wasn’t the squeaky clean kid initially portrayed and capable of starting a fight if he thinks he’s being dissed. For argument’s sake we’ll say he was doing what he had every right to do which gives rise to my opinion that he reacted to being challenged. It doesn’t negate the fact that he may have acted in a suspicious manner or that he was actually casing houses to rob. I’ve had the police called on me multiple times because someone thought what I was doing looked suspicious. That’s how crimes are stopped.
While Martin can certainly view Zimmerman as “creepy guy stalking him” Zimmerman can just as easily view Martin as “kid acting suspicious”. The time to sort it out, and the method to sort it out is through communication and not violence. I’ve been in both of their shoes before. I’ve been challenged in my own neighborhood by watch groups. A dialogue ensued and both parties moved on. Now I’ve never actively challenged anyone but I’ve stopped 4 burglaries by watching what goes on around me. It doesn’t take a rocket scientist to pick up on suspicious activity.
I still don’t see any greater likelihood of Martin sucker punching Zimmerman after being asked what he was doing in the neighborhood. Here is an equally, if not more, likely scenario:
Z: What are you doing here?
M: None of your fucking business
(Martin maneuvers away from Zimmerman, who follows and/or grabs him)
Z: You’re not going anywhere, the cops are on their way
Scuffle begins. If there is no witness to this part of the story, then by default Zimmerman’s version triumphs in this He Said/He Dead situation. Unless he is caught in a lie or recounts it differently in repeated interrogations.
ETA: I’ve never bought the blammo punch in response to Zimmerman’s question. The punch is far more likely a response to a physical encounter.
But Martin once wrote “WTF” on a locker in Sharpie. He’s an obvious sociopath; he just doesn’t care about others. He must have punched Zimmerman for no reason but misanthropy. There’s no way the guy who was fired from a security job for being to aggressive, or who once assaulted a cop, and had to attend anger management classes as a result could ever be at fault in this situation. After all, he’s a law-abiding gun owner. They’re always cool.
Did I get that right, Magiver?
So what you are saying is that Crump’s letter to the Department of Justice is just a publicity stunt?
Ha! Law and Order: SVU is still on the air!
My oral copulation story is looking better and better.
Naturally, I’d want a producer credit.
In the U.S. 1% is about 350k. The production workers I talk about will top out at about 30k and the engineer might be making more than 100k.
http://www.bankrate.com/finance/taxes/top-1-percent-earn.aspx
I’m curious about the right to counsel. Does it extend to anyone or must it be a lawyer? If my lawyer shows up with my dad, is that cool?
There is a nice article about probable cause in the Sentinel today.
She describes the constant tension between police officers and prosecutors. The police officers want to make arrests and prosecutors want to make sure that they have probable cause, because otherwise the suspect will be released within 24 hours. If they do file charges, they have to bring the suspect to trial within 175 days. This makes prosecutors reluctant to file charges until they have enough evidence for a conviction.
CNN Enhances Zimmerman 911 Call Again — And Reporter Now Doubts Racial Slur Used
Now it does sound less like that racial slur. … From listening in this room, and this is a state-of-the-art room, it doesn’t sound like that slur anymore. It sounds like … we‘re hearing the swear word at first and then the word ’cold.’ And the reason some say that would be relevant, is because it was unseasonably cold in Florida that night and raining.”
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There goes the only hope Holder has to make this a federal case.
It must be a lawyer.
Sounds even more like “punks” to me.
:shrug: