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View Diary: Zimmerman's lawyers should realize it is not over yet (99 comments)

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  •  Nothing in that Statute Says Anything... (1+ / 0-)
    Recommended by:
    RerumCognoscereCausas

    ...about the effect of an acquittal in a criminal case on a subsequent civil action. All it does is establish a defense applicable in civil and criminal cases. Zimmerman can raise the defense in a civil suit, but he will bear the burden of proving it by a preponderance of the evidence.

    •  They can still file a lawsuit.... (1+ / 0-)
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      teacherken

      ...but Zimmerman's counsel will undoubtedly make a motion for dismissal under 776.032.   Such a motion is decided pre-trial.  If the judge agrees that Zimmerman acted in what he believed was self defense, the case is dismissed and dies a violent death.  A jury never even hears it at all.    

      Such filings are de rigueur these days in Florida.  Even when the defense counsel does not expect it to work, they introduce it as a means to get it in there for a potential grounds for future appeal.

      Now, such a motion could fail.   I wouldn't want to make any wild ass guesses about that.  But my suspicion is that unless they can find standing in the Federal Courts, or the DOJ goes after a civil rights prosecution, this is probably over.  

    •  And I think the matter that would be up for debate (0+ / 0-)

      ...is whether Zimmerman was the aggressor or not.  

      You might get some mileage there with the judge, if you can show that there are legitimate questions as to whom the aggressor was.  

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