Started By
Message

re: Will Smith Murder Trial-Guilty of manslaughter and attempted manslaughter

Posted on 12/7/16 at 12:58 pm to
Posted by lsupride87
Member since Dec 2007
111847 posts
Posted on 12/7/16 at 12:58 pm to
quote:


If it is so irrelevant and only case law matters the DA must really suck. If all that testimony is being given without an objection by the DA when only case law matters then there is no chance Hayes gets convicted.


Exactly. Fun doesn't want to admit he has a side here(we all subconsciously do). So he is trying to play the in a lawyer and smarter than you card
Posted by Fun Bunch
New Orleans
Member since May 2008
131013 posts
Posted on 12/7/16 at 12:58 pm to
quote:

According to your posts the only evidence that matters is Hayes shot Smith


Well that's a pretty insulting post, but I'm not going to get into it with an admin. I don't practice contract law and never have.

And I've never said that.

I've said all of the other stuff that keeps getting oooed and ahhed about is window dressing, look over here stuff. Its mostly irrelevant designed to fool idiots.

The defense has to establish a REASONABLE FEAR that his LIFE was in danger, and that he used the REASONABLE FORCE NECESSARY to preserve his life.

This will be explained to the jury in extremely intimate and painstaking detail, in detailed jury instructions.

Case law reflects what past juries have decided. It is pretty relevant and fairly consistent.

Hayes' defense has to rise to a much, much, much higher level than has been presented.

Posted by Red Stick Tigress
Tiger Stadium
Member since Nov 2005
21144 posts
Posted on 12/7/16 at 12:59 pm to
quote:

tell us again what you saw that night



Have you ever testified?

Opposing counsel tries to confuse and twist what you say.

Posted by lsuhunt555
Teakwood Village Breh
Member since Nov 2008
39028 posts
Posted on 12/7/16 at 12:59 pm to
quote:

Can you defend yourself just because someone is potentially arming themselves?


Of course you should be able to, but 1. I have yet to see it be proven he was indeed arming himself. 2. Hayes wasn't obligated to stand there and wait. He could have diffused the situation by leaving. No?
Posted by lsuhunt555
Teakwood Village Breh
Member since Nov 2008
39028 posts
Posted on 12/7/16 at 1:00 pm to
quote:

want to admit he has a side here(we all subconsciously do).

Which side do you have here? Just curious.
Posted by Fun Bunch
New Orleans
Member since May 2008
131013 posts
Posted on 12/7/16 at 1:00 pm to
quote:

only case law matters


Who said this? I've never uttered the words "only case law matters". Case law gives us insight into what past juries have done, consistently. Jury INSTRUCTIONS will say "If you believe this, you must find guilty. If you believe this, you must acquit" etc etc and that will be based on the statute and....case law.

I'm just going to withdraw from this before I say something I regret.

Ya'll have fun.
Posted by lsupride87
Member since Dec 2007
111847 posts
Posted on 12/7/16 at 1:01 pm to
I think it is manslaughter, but he will get off
Posted by Mr. Hangover
New Orleans
Member since Sep 2003
34929 posts
Posted on 12/7/16 at 1:01 pm to
quote:

He said he was going to get his gun. He was already back in the car with the door open and the gun was within reach between the drivers seat and the console. You don't think that indicates reaching? What do you think he was doing, twiddling his thumbs?



You can go anywheres with this

Do we even know for sure he was shot while IN the car?

Despite eyewitnesses testimony, which has been pretty shoddy since day 1, nobody knows FOR SURE he was even going for his gun. It could have been a number of things.. is it likely he was going for his weapon? Yea absolutely, but he could have been going to get a phone to call the police, actually going to get into his car to try to get everyone to just leave, shite, he could have been getting a drink IDK...

I don't know what happened, just throwing shite at the wall
Posted by lsuhunt555
Teakwood Village Breh
Member since Nov 2008
39028 posts
Posted on 12/7/16 at 1:02 pm to
Gotcha. So your main gripe here is the charge is too great. Makes sense, and with that said, im not terribly sure why if Manslaughter was an attainable conviction they chose to try him on Murder 2.
Posted by Red Stick Tigress
Tiger Stadium
Member since Nov 2005
21144 posts
Posted on 12/7/16 at 1:03 pm to
quote:

is bac is so high that even if you cut it 30-40% you can say that it is probable that he made bad judgement due to alcohol.





I'm not arguing for or against "bad judgement due to alcohol" just merely pointing out that BAC readings can be affected by things like... death.
Posted by Mr. Hangover
New Orleans
Member since Sep 2003
34929 posts
Posted on 12/7/16 at 1:04 pm to
quote:

Opposing counsel tries to confuse and twist what you say.



I'd be terrible on the stand because I have a fricking terrible memory, especially when it comes to conversations
Posted by lsuhunt555
Teakwood Village Breh
Member since Nov 2008
39028 posts
Posted on 12/7/16 at 1:04 pm to
quote:

I don't know what happened, just throwing shite at the wall


Thats partially what I am arguing. People here are using the defense's case as church. No one has proven that he was reaching to arm himself.
Posted by Fun Bunch
New Orleans
Member since May 2008
131013 posts
Posted on 12/7/16 at 1:05 pm to
quote:

He could have diffused the situation by leaving. No?


If stand your ground applies here then Hayes doesn't have to retreat.

However, the ability to retreat CAN be used against him as one factor of many.
Posted by TigahJay
New Orleans
Member since Sep 2015
11402 posts
Posted on 12/7/16 at 1:05 pm to
quote:

Do we even know for sure he was shot while IN the car? Despite eyewitnesses testimony, which has been pretty shoddy since day 1, nobody knows FOR SURE he was even going for his gun. It could have been a number of things.. is it likely he was going for his weapon? Yea absolutely, but he could have been going to get a phone to call the police, actually going to get into his car to try to get everyone to just leave, shite, he could have been getting a drink IDK...

Yes, his body was found in the seat. It's been reported that he told Hayes that he was going to get his gun. IF testimonies show that to be true then he wasn't just trying to leave or call the police.
Posted by Mr. Hangover
New Orleans
Member since Sep 2003
34929 posts
Posted on 12/7/16 at 1:05 pm to
quote:

Of course you should be able to, but 1. I have yet to see it be proven he was indeed arming himself. 2. Hayes wasn't obligated to stand there and wait. He could have diffused the situation by leaving. No?




I wasn't arguing with you, I was genuinely curious... look at one of my previous posts where I talk about WS being by the car
Posted by Fun Bunch
New Orleans
Member since May 2008
131013 posts
Posted on 12/7/16 at 1:06 pm to
quote:

Gotcha. So your main gripe here is the charge is too great. Makes sense, and with that said, im not terribly sure why if Manslaughter was an attainable conviction they chose to try him on Murder 2.


Those who argue this don't know that Murder 2 in LA has a different definition than most other states and is fine for this case.

If you think its manslaughter, you think its murder 2. There's no difference in the present facts.

He either acted in reasonable self-defense or he didn't.

If he did, you think he gets off. If he didn't, Murder 2 is the charge.
Posted by lsuhunt555
Teakwood Village Breh
Member since Nov 2008
39028 posts
Posted on 12/7/16 at 1:07 pm to
Ramon Antonio Vargas ?@RVargasAdvocate 3m3 minutes ago
J. Fuller has PT say that Racquel Smith would know what Will Smith is capable of. Then, has him explain how RS had her back to C. Hayes ...

Ramon Antonio Vargas ?@RVargasAdvocate 2m2 minutes ago
... during argument. He seems to insinuate Racquel Smith was worried about what her husband is capable of doing in tense moments, not ...

Ramon Antonio Vargas ?@RVargasAdvocate 2m2 minutes ago
... Cardell Hayes. Anyway, they move on to how the Smiths were walking to the car, and the other men kept arguing.

This is stupid logic. If I get into an argument with a stranger my wife won't be concerned about the other person because she has no control over that person. Shell be concerned about me, because she has more control.
Posted by lsuhunt555
Teakwood Village Breh
Member since Nov 2008
39028 posts
Posted on 12/7/16 at 1:08 pm to
quote:

I wasn't arguing with you, I was genuinely curious... look at one of my previous posts where I talk about WS being by the car


Sorry, wasnt really arguing as much as I was asking for someone to confirm my train of thought.
Posted by Coeur du Tigre
It was just outside of Barstow...
Member since Nov 2008
4739 posts
Posted on 12/7/16 at 1:08 pm to
quote:

Hayes' defense has to rise to a much, much, much higher level than has been presented.
Yes, and the coming ballistics evidence from the coroner may make that insurmountable.

Unless Fuller can walk Smith's pistol out of the glove box, into the street and back between the seat and console, these diversions aren't enough.
Posted by Mr. Hangover
New Orleans
Member since Sep 2003
34929 posts
Posted on 12/7/16 at 1:09 pm to
I honestly have no clue what's going on


This is interesting to me
Jump to page
Page First 61 62 63 64 65 ... 248
Jump to page
first pageprev pagePage 63 of 248Next pagelast page

Back to top
logoFollow TigerDroppings for LSU Football News
Follow us on X, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookXInstagram