GUILTY FL - Jordan Davis, 17, shot to death, Satellite Beach, 23 Nov 2012 #7

[TigerBalm]

I'm confused. During the trial Angela Corey talked about remedies for overcharging Dunn? So she admitted that the charges were not justified by the evidence?

No, she stated defense attorneys can file motions if they (defense attorneys) believe the state overcharged their client.

 

[Nore]

Believe what you wish, the fact is Marissa Alexander got 3 convictions served concurrently for the same exact conviction she was on probation at the time.

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Hi, I didnt watch that trial. Did she shoot at one person or three? maybe that could be the difference. Just a thought.:seeya:

 

[RANCH]

No, she stated defense attorneys can file motions if they (defense attorneys) believe the state overcharged their client.

Thanks for clearing that up for me. I guess the defense can try that approach but I don't think it will work.

 

[Jax49]

http://www.news4jax.com/news/michae...ations/-/475880/24499490/-/va41j/-/index.html


In a post-trial news conference, prosecutors said the attempted murder counts carry 20-30 years in prison each. The fifth count carries up to 15 years in prison. A sentencing hearing date is set for March 24.

 

[Coldpizza]

New thread peeps. I know it's a little early but yawn. I'll move some posts over for you.

Thanks for being so awesome!

GUILTY - FL - Michael Dunn on Trial for shooting death of Jordan Davis, 17#8 - Websleuths Crime Sleuthing Community


This one will be closing in 15 minutes.

 

[Nore]

Good night all. I am out of here. I'm tired and trying to read the big pages is just too much back and forth..See all tomorrow.:seeya:

 

[Salem]

I'm confused. During the trial Angela Corey talked about remedies for overcharging Dunn? So she admitted that the charges were not justified by the evidence?

I don't think so, that isn't the way I understood it. My understanding of what she was saying is that if the defense thought MD was over charged - there was a process, written into Florida law, whereby the defense could dispute the charges. There was also a process for the "stand your ground" defense. MD's lawyer chose not to file either process.

That's just the way I heard it.

Salem

 

[daisy7]

O/T: My sons decided I wasn't cooking dinner tonight as I usually do (smart boys!). They made cereal, mac-n-cheese and chicken nuggets. I'm sure the kitchen is a mess, but at least everyone is fed. I sure hope there's some leftovers

 

[Zuri]

lawyers on this board, can the three boys file civil lawsuits against dunn for anything? tia

I am not a lawyer, but i read that 2 of the 3 kids did file a civil suit. The same attorney that handled the civil suit for the Davis' is handling their case. HTH :seeya:

 

[Nore]

http://www.news4jax.com/news/michae...ations/-/475880/24499490/-/va41j/-/index.html


In a post-trial news conference, prosecutors said the attempted murder counts carry 20-30 years in prison each. The fifth count carries up to 15 years in prison. A sentencing hearing date is set for March 24.

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So he'll be about 122 years when he gets out.:lol:

 

[IzzyBlanche]

Vic Micolucci (WJXT) ‏@WJXTvic 6m
Another pic of #MichaelDunn reaction to verdict. (Bob Mack / FTU) pic.twitter.com/IhEpA2XLoU

To me that expression is completely WTF? Are you kidding me? Are you KIDDING me?

 

[IzzyBlanche]

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So he'll be about 122 years when he gets out.:lol:

Probably not. Lawyers, how long will it be before he's eligible for parole?

 

[Zuri]

With the charges that he's convicted with today, Dunn will be a very old man before he gets out if ever. That's why I wondered if it's worth the effort to retry him on murder one.

Jordan Davis deserves justice. His parents need justice. So yes, I would say it is worth the effort. JMO

 

[Jax49]

To me that expression is completely WTF? Are you kidding me? Are you KIDDING me?

Beautiful, ain't it?

 

[IzzyBlanche]

Beautiful, ain't it?

Oh yeah. :seeya:

 

[Jax49]

Jordan Davis deserves justice. His parents need justice. So yes, I would say it is worth the effort. JMO

As a local taxpayer, I'm OK with spending the money for a retrial.

 

[Zuri]

Probably not. Lawyers, how long will it be before he's eligible for parole?

Not a lawyer, but watched the JAX4 News Legal Analyst. He said Dunn would have to serve every day of the 20 years, each. The max sentence is 30, min 20. HTH

 

[ElleElle]

Yes, they can and at least 2 of the boys did file civil suits.

Civil lawsuits against Michael Dunn settled
Attorney for Jordan Davis' parents confirms settlement

In a text, John Phillips wrote: "We made an offer to settle both cases against Michael Dunn - 1) the estate of Jordan Davis' case and 2) the case of two boys we represent. They accepted the offer in full. We cannot disclose the offer at this time, but it resolved all civil suits in principle."

Read more here: http://www.news4jax.com/news/civil-...tled/-/475880/23767940/-/v61iacz/-/index.html


ETA: BTW I am not an attorney but decided to play one and answer your question anyway. lol

:smiliescale: Good and I hope they got a good settlement. :moo:

 

[Boytwnmom]

a very quick and not thorough search of FL cases found this recent case which has a somewhat similar fact pattern although none of the four were killed and the charges were aggravated assault not attempted murder. Now I don't know what kind of discretion the judge has but reports are that Healey is a tough sentencer:

When a defendant with a gun threatens four people and then discharges the gun into the air, the court is required to impose consecutive 20-year mandatory minimum sentences when the defendant is convicted of four aggravated assaults, an en banc Fourth DCA held April 24. Williams v. S., __ So. 3d __, 38 F.L.W. D912 (4th DCA 4/24/2013).

The defendant got into an argument with four others, and he drew his gun and fired into the air several times. The defendant was charged with four counts of aggravated assault, and he was convicted at trial with the jury finding that he actually possessed and fired the gun on each count. At sentencing the issue was whether section 775.087(2)(d) required the court to impose the 20-year mandatory minimum sentences consecutively, or whether the court had discretion to impose either consecutive or concurrent mandatories. In certifying a question to the Florida Supreme Court, an en banc court unanimously held that the statutes requires and does not merely permit consecutive mandatory minimums.

Applying the plain language of section 775.087(2)(d), as interpreted by our supreme court in State v. Sousa, 903 So. 2d 923 (Fla. 2005), we conclude that the trial court was required to impose consecutive sentences.

http://floridacriminallawreport.com/tag/sentencing-firearm-mandatory-minimums/

JMO but I seriously doubt that these sentences will run consecutively (one after another). Believe me, I would like to see them run consecutively. I wish that the murder trial could be moved to another state, like maybe Texas....Just wishing, I know you can't change venue to another state but I can still wish can't I?

 

[RANCH]

Jordan Davis deserves justice. His parents need justice. So yes, I would say it is worth the effort. JMO

I understand needing justice, but maybe closure is best. Is putting Jordan's family through another trial with all of the pain that it means worth it?

I guess that it's up to the family to decide and not me.