George Floyd death / Derek Chauvin trial - Sidebar week 3

Discussion in 'Trials' started by Sillybilly, Apr 1, 2021.

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  1. missy1974

    missy1974 Well-Known Member

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    Interesting. I had the same thought this morning. She is going to have to walk a very very fine line in jury room.
     


  2. MsBetsy

    MsBetsy Well-Known Member

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    Aren't they entitled to make a closing argument since the burden of proof is on the State?
     
  3. missy1974

    missy1974 Well-Known Member

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    What witness? What connection?
     
  4. wasnt_me

    wasnt_me Well-Known Member

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    If those officers couldn't manage that crowd and GF at the same time, it's no wonder they don't have jobs.
     
  5. wasnt_me

    wasnt_me Well-Known Member

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    My understanding of a superceding cause is something so big that couldn't be predicted that is or could be the major contributor to the death.

    For example, someone on the road directing traffic onto a dirt road. You turn onto the dirt road and a helicopter falls from the sky and crushes your car. That helicopter is the superceding event that no one could have seen coming.
     
  6. MsBetsy

    MsBetsy Well-Known Member

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    I think there is definitely a need for a strong closing argument after the red herrings the defense came up with at the last minute. The picture of what "looked like a pill" in Floyd's mouth and the suggestion of carbon monoxide being a contributing factor in his death were disingenuous. Imo
     
  7. bluebird69

    bluebird69 Well-Known Member

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  8. Legally Bland

    Legally Bland Well-Known Member

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    I'm guessing the prosecution are expecting the rebuttal will need to focus on the medical evidence, as that seems to have been Blackwell's remit.
     
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  9. magnolia

    magnolia War Eagle

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    Let's put my post you quoted in context.

    That reply was in response to the comments bolded by me in the post I replied to.
     
  10. kittythehare

    kittythehare Well-Known Member

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    Also there is a vast difference between active resistance and involuntary resistance.
    A panic attack and claustrophobia are both involuntary body processes.
     
  11. SouthAussie

    SouthAussie Well-Known Member

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    Other more far-reaching places are ramping up for the verdict as well.

    Philly to Ramp Up Police, Leaders Call for Peace as Nation Awaits Chauvin Verdict

    Boston Braces For Protests In Response To Chauvin Trial, Police Shootings


    Police departments across the country are preparing for the potential unrest that could follow the Chauvin trial verdict.
    Cities On Edge Tonight Over Fatal Police Incidents
     
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  12. Algo214

    Algo214 Well-Known Member

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    BBM.
    Conviction is guaranteed.

    Blackwell is SUCH a thorough Attorney, he won't leave any loose ties. IMO.
     
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  13. Tom_Servo

    Tom_Servo Well-Known Member

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    Of course hey are but I never knew they got the last word.
     
  14. Chelly

    Chelly Always Remember Teghan Skiba

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    Minnesota Stat. 631.07
    Order of Final Argument

    When the giving of evidence is concluded in a criminal trial, unless the case is submitted on both sides without argument, the prosecution may make a closing argument to the jury. The defense may then make its closing argument to the jury. The prosecution shall then have the right to reply in rebuttal to the closing argument of the defense.

    Minn. Stat. § 631.07
    Section 631.07 - ORDER OF FINAL ARGUMENT, Minn. Stat. § 631.07 | Casetext Search + Citator
     
  15. dixiegirl1035

    dixiegirl1035 I will do it, but I won't like it

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    "Second, the defendant, acting alone or aided by others, caused the death of George Floyd. “To cause” means to be a substantial causal factor in causing the death. The defendant is criminally liable for all the consequences of his actions that occur in the ordinary and natural course of events, including those consequences brought about by one or more intervening causes that were the natural result of the defendant's acts. The fact that other causes contribute to the death does not relieve the defendant of criminal liability. However, the defendant is not criminally liable if a “superseding cause” caused the death. A “superseding cause” is a cause that comes after the defendant’s acts, alters the natural sequence of events, and produces a result that would not otherwise have occurred. An action that occurs before the defendant’s conduct and is not the sole cause of the death does not constitute a superseding cause."

    Above from link at

    ETA: One could argue that GF was dead/no pulse/not breathing, and THEN the yelling and interference of the crowd happened also. Just a thought that just came to me.
     
    Last edited: Apr 16, 2021
  16. Leve

    Leve Well-Known Member

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    True but as someone that suffers from a major panic disorder (bad enough to cost me 2 really good jobs) you can still have control of yourself at least until you pass out from hyperventilating.

    I would never yell out when panicking since I am trying my damnedest to conserve my breath, neither would I struggle.

    I knie everyone is different but the whole panic/anxiety thing doesn't look right to me with my 30 years experience.
     
  17. magnolia

    magnolia War Eagle

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    I don't believe Police officers can allow a person off the street to come into close contact with a person they have arrested and restrained. To do so would open the door for a liability case. IMO
     
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  18. tara83

    tara83 Well-Known Member

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    They should have given him medical help themselves as they were trained to do.I'll never understand why they chose not to.
     
  19. wasnt_me

    wasnt_me Well-Known Member

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    Yep, and that's what I was replying to in context.
     
  20. Gibbo214

    Gibbo214 Former Member

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    And if someone was impeding your ability to breathe, you wouldn't struggle?
     
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