Legal Questions

Discussion in 'Byrd and Melanie Billings' started by daisy7, Aug 11, 2009.

  1. daisy7

    daisy7 Retired WS Staff

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  3. JBean

    JBean Retired WS Administrator

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    sounds like felony murder law to me. if you are in the act of committing a felony (in some states) and someone is killed in the course of that felony, it doesn't matter if you pulled the trigger or not you will be charged with felony murder.
    If the bank guard gets killed at the bank robbery, the poor sap sitting in the getaway car is also going to be charged with murder. It is the totality of the committed crime that is taken into consideration for all involved in this conspiracy. I can't see the charge but is it like
    782.04 1 (a) 2? or something like that? I cannot recall the ruling murder code but in FL premeditated murder is listed first and then felony murder is 2nd.

    herer are the FL statutes:
    http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0782/SEC04.HTM
     
  4. JBean

    JBean Retired WS Administrator

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    easy to read version

    http://www.not-guilty.net/practice-areas/murder.html
    http://www.jeffreyfeiler.com/murder.html

    To prove first degree premeditated murder the state must prove beyond a reasonable doubt that the victim is dead, that the death was caused by the criminal act of the defendant, and that there was a premeditated killing of the victim. For purposes of the jury instructions the court defined "killing with premeditation" as killing after consciously deciding to do so. The decision must be present in the mind at the time of the killing. While the law does not set a particular amount of time that must pass between the premeditated intent to kill and the killing but enough time must pass for reflection by the defendant. The question of whether or not premeditation existed at the time of the killing is a question of fact to be determined by a jury. The jury instructions further clarify that if during the premeditated attempted murder of one person the defendant actually kills another person that killing is also to be considered as premeditated.

    To prove the crime of first degree felony murder the state of Florida must prove (1) that the victim is dead; (2) that the death occurred as a consequence of and while the defendant was engaged in the commission of a crime, or that the death occurred as a consequence of and while the defendant was attempting to commit another crime, or that the death occurred as a consequence of and while the defendant or an accomplice as escaping from the immediate scene of another crime; and (3) that the defendant was the person who actually killed the victim or that the victim was killed by a person other than the defendant but both the defendant and the person who killed the victim were principals in the commission of another time. However, under this slightly different charge it is not necessary for the state of Florida to prove that the defendant had a premeditated design or intent to
     
  5. pinkinablueworld

    pinkinablueworld Member

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    FYI
    Today's PNJ article confirms some posters assumptions that attorney Crystal Spencer is no longer the family spokesperson.

    "Pensacola attorney Robert Beasley, who has replaced Crystal Spencer as the family's attorney, said the family decided to reveal the existence of the second safe and the cash it contained to dispel rampant speculation."

    http://pnj.com/article/20090812/NEWS01/908120332
     
  6. pinkinablueworld

    pinkinablueworld Member

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    legal eagles...what/why would Ashley and Mark Markham file a civil suit against William Eddins and the 8 perps today? Am I reading this correctly? I don't understand a "DECLARATORY JUDGMENT"


    http://www.escambiaclerk.com/xml/xml.asp?ucase_id=21776646

    Plaintiff MARKHAM, ASHLEY
    Attorney: WILSON, ESQ. PAUL A.
    2 Plaintiff MARKHAM, JAMES
    Attorney: WILSON, ESQ. PAUL A.
    3 Defendant WILLIAM EDDINS STATE ATTORNEY,

    4 Defendant GONZALEZ, LEONARD PATRICK

    5 Defendant COLDIRON, WAYNE THOMAS

    6 Defendant GONZALEZ, LEONARD PATRICK

    7 Defendant SUMNER, GARY LAMONT

    8 Defendant THORNTON, FREDRICK LEE

    9 Defendant WIGGINS, PAMELA LONG

    10 Defendant STALLWORTH, DONNIE RAY XRef-ID: 675699

    11 Defendant FLORENCE, RAHEEM CHAVEZ XRef-ID: 65315054
     
  7. daisy7

    daisy7 Retired WS Staff

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    Interesting. I can see why she would file a civil suit against the perps., but wonder why Eddins is listed as a defendant.:confused:

    And, this is an attorney I don't believe we've heard of before.
     
  8. swika

    swika New Member

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    don't have a clue .... only wondering if it has anything to do with the Soverign status and name copyrights. We don't know what papers were in the small safe.
     
  9. swika

    swika New Member

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    Good catch, Daisy.

    Paul A. Wilson: Don't know if this is current info?

    Practice Areas: Construction Law; Business Litigation; Landlord and Tenant Law; Commercial Collections; Uniform Commercial Code; Corporate Law; Real Estate Litigation; Materialmens Liens



    http://www.lawyers.com/Florida/Pensacola/Litvak-Beasley-and-Wilson,-LLP-2677430-f.html
     
  10. BillyBob

    BillyBob New Member

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    Mabey she want the 164,000 dollars..................
     
  11. pinkinablueworld

    pinkinablueworld Member

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    I believe Paul Wilson is one of Robert Beasley's partners. Robert handled all the guardianship issues, and is now acting as the family attorney.
     
  12. swika

    swika New Member

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    Declaratory Judgment

    Snipped from nolo.com (glossary)

    A court decision in a civil case that tells the parties what their rights and responsibilities are, without awarding damages or ordering them to do anything. Unlike most court cases, where the plaintiff asks for damages or other court orders, the plaintiff in a declaratory judgment case simply wants the court to resolve an uncertainty so that it can avoid serious legal trouble in the future.

    Courts are usually reluctant to hear declaratory judgment cases, preferring to wait until there has been a measurable loss. But especially in cases involving important constitutional rights, courts will step in to clarify the legal landscape.
     
  13. redfish

    redfish New Member

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    Wow, I may be wrong on this, it sounds to me like something is missing from the safe (nt recovered) and they think it may implicate them in someway for something...... want that clarified for them fast....???????? Do I have it wrong?
     
  14. redfish

    redfish New Member

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    oooo, oooo, IRS maybe the cash in the safe!
     
  15. JBean

    JBean Retired WS Administrator

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    No I don't think so. I think they are looking for advise as to their legal standing with respect to something... They get a ruling up front so they avoid doing anything illegal or inappropriate.

    The point is to make sure you do not do something wrong in the future.
     
  16. RiverPirate

    RiverPirate New Member

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    Just a guess. Maybe they have to file to get the property that was in the stolen safe back from the state. Wasn't there family jewelry and business documents in the safe?
     
  17. Lindadanette

    Lindadanette New Member

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    I was thinking that maybe they were asking the court to prohibit the perps from profiting by selling their stories etc.
     
  18. afm

    afm New Member

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  19. daisy7

    daisy7 Retired WS Staff

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    Thanks, afm!

    I wonder why Morgan wasn't included in this?

    ETA: It'll be interesting to see what happens with this re Sunshine Laws.
     
  20. CountryGirl

    CountryGirl Member

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    http://pnj.com/article/20090813/NEWS01/90813020
    The surviving members of Byrd and Melanie Billings’ family have asked the court to block public access to crime scene photos and video surveillance footage from her parents' home.

    Ashley Markham, daughter of the Beulah couple shot to death on July 9, asks that the State Attorney’s Office be barred from releasing the photos and video to the co-defendants and the public, including the media.

    Under state law, the usual process is for the state to release documents to be used in prosecutions to the defendants’ lawyers during the “discovery process.” At the same time, the documents become open to the public.

    However, Markham’s motion argues: “The only media or public interest in the information arises out of morbid exploitation by some members of the public and the sensationalism surrounding the criminal case.”

    I can understand Ashley not wanting this released to the public, but doesn't the defense have a right to this? I don't know Florida law, but if the prosecution uses it, the defense has a right to have it. Correct?

    I would think these tapes are vital to the prosecution.
     
  21. daisy7

    daisy7 Retired WS Staff

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    Under Sunshine Laws, discovery is released to the public, usually by a public records request of the media, at the same time or shortly after discovery is given to the defense.

    I don't think this motion is trying to keep discovery from the defense (I don't think that's legal in any way), but only trying to keep it from the media and the public. And, only for the photos and videos.
     

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