Active Users:147 Time:02/06/2024 01:29:51 AM
I really have no idea, I'm sure others much better qualified will research it - Edit 2

Before modification by Isaac at 20/07/2013 05:26:24 AM


View original postI'm just unsure if the attorneys fees & court cost restitution could be applied as punitive for the criminal case.


View original postI understand why they chose not to attempt a stand your ground hearing in the politically charged atmosphere pre-trial. I doubt there was any way they could have won even with hi-def video evidence and a signed letter of intent from Martin. Judges are notoriously unwilling to stick there necks out and make such rulings.

We're way outside my paltry sum of legal knowledge here, the thing to figure out though would be, pretty simply, if anyone has ever tried to request a SYG hearing in Florida after being found not guilty. If the answer is yes, then whatever was decided is presumably what they'd go with, if not then its virgin territory and unless the law is very clear about when you can request one then its likely to be disputed.

In any event, I would think it would probably be wiser not to have a SYG hearing anyway, a judge is still very likely to want to punt, and since its the exact same burden of proof for civil trial not getting the exemption could harm the defense in a civil suit, where th result probably would be admissible and regardless would probably have been heard by potential jurors. I'm not sure it would behoove someone to emerge from a SYG hearing with "Could not prove by a preponderance of the evidence" only to enter a civil case where the plaintiff's lawyer will be saying "If you feel the preponderance of evidence...", I think for the defense that would be about looking at what new evidence for and against would be on the table for the civil trial that wasn't allowed in the criminal one, and if its better or worse. If its worse, and if he can still have a SYG hearing, then maybe yeah, otherwise I'd think not.

But this is all what ifs, and I'm sure there are hordes of actual lawyers looking into the matter, may as well wait to hear from them. Truth be told I'm not really inclined to discuss it even if I were qualified, I just tend to respond to post where I'm mentioned by name


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