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

Posted on 12/8/16 at 12:09 pm to
Posted by USMCTiger03
Member since Sep 2007
71176 posts
Posted on 12/8/16 at 12:09 pm to
Has it been established exactly how many people where there with Smith and who they were?
Posted by lsupride87
Member since Dec 2007
111860 posts
Posted on 12/8/16 at 12:10 pm to
State done fricked up

By calling O'Neil Fuller is allowed to lead his horse to all the water he wants
Posted by kbdos
Uptown
Member since Oct 2005
2062 posts
Posted on 12/8/16 at 12:12 pm to
That's why fuller wants a mistrial eh?
Posted by nola000
Lacombe, LA
Member since Dec 2014
13139 posts
Posted on 12/8/16 at 12:14 pm to
quote:

You're confusing pulling out a gun with using it.

You're also overlooking that the standard is not just death but also serious bodily harm.


Agree 100%.

quote:

There doesn't need to be. I can take out my gun right now. What I do afterwards is the issue.



Yup. Although youre setting the mood and possibly taking the threat level up a notch.

quote:

So you have to wait until you reach a certain threshold of pain or physical damage? What exactly is that? And what do you do then, call a timesy so you can pull your gun and shoot him?


Agree 100%.

quote:

quote:
You can't pull out a gun because two guys are talking shite to you.


You most certainly can. What you do with it is another story.


Disagree. I think it needs to be a little more than just "shite talking" for a weapon that wasnt already present to present itself. If you were already carrying your firearm openly on a hip holster then the presence of the firearm is immaterial. If, after the heat has been turned up you then expose your firearm in response, it could be a problem in most jurors minds. Assuming the verbal threats included threats of a physical nature. Maybe you were grossly outnumbered, much smaller in physical stature, with vulnerable parties such as women, children, elderly or handicapped, aggressors were in your "personal space" representing an immediate physical threat, etc. In those cases jurors might be inclined to give you the benefit of the doubt that you legitimately felt yourself or anothers life or limb were in danger.
This post was edited on 12/8/16 at 12:19 pm
Posted by Fun Bunch
New Orleans
Member since May 2008
131016 posts
Posted on 12/8/16 at 12:14 pm to
quote:

By calling O'Neil Fuller is allowed to lead his horse to all the water he wants



From everything I've read the Prosecution absolutely did a great job by calling O'Neil and they can also redirect.
Posted by lsupride87
Member since Dec 2007
111860 posts
Posted on 12/8/16 at 12:15 pm to
He had a good case for one just now

quote:

Fuller moves for a mistrial as he throws his legal pad down on the defense table when pros asks about Fuller winning cases on technicalities
Posted by lsupride87
Member since Dec 2007
111860 posts
Posted on 12/8/16 at 12:17 pm to
Kangaroo court


quote:

Now both lawyers are free styling. Judge tells Fuller he is out of line when Fuller blurts out "she knows Penthouse tapes were erased"
Posted by kbdos
Uptown
Member since Oct 2005
2062 posts
Posted on 12/8/16 at 12:17 pm to
Maybe to you he does. I'm trying to watch this impartially, might be the only one in here. Fuller could have done much better than he did on that cross.
Still way to early to say how this will turn out, far too much can happen
Posted by tigerpimpbot
Chairman of the Pool Board
Member since Nov 2011
69164 posts
Posted on 12/8/16 at 12:18 pm to
Appellate issues everywhere
Posted by TigerFred
Feeding hamsters
Member since Aug 2003
27900 posts
Posted on 12/8/16 at 12:19 pm to
What is the deal on the Penthouse?

Racquel Smith said something about it too.
Posted by Zach Lee To Amp Hill
New Orleans
Member since Mar 2016
4991 posts
Posted on 12/8/16 at 12:20 pm to
Foret sounds like a total moron going on about how credible O'Neal sounds after he just said that Hernandez had tattoos on his face the night of the shooting and Fuller said they were either removed or covered by make-up.
Posted by lsupride87
Member since Dec 2007
111860 posts
Posted on 12/8/16 at 12:21 pm to
Fuller said there was video of them at the penthouse that night, but the video was erased

It really isn't relevant but he is just trying to show lack of character
Posted by nola000
Lacombe, LA
Member since Dec 2014
13139 posts
Posted on 12/8/16 at 12:22 pm to
quote:

you can't take out a gun in an argument and not expect others might then feel the need to protect themselves therefore only you have the legal right to shoot people dead because you showcased your gun first.


You overestimate the threat of a firearm. Much of this has to do with peoples view of firearms in general. What if the individual had it on his person but not in hand or in a ready fire position?
Posted by reddman
Member since Jul 2005
78195 posts
Posted on 12/8/16 at 12:23 pm to
Foret was ripping O'Neal big time during the prosecutions questioning earlier. He then said that O'Neal did a great job of redeeming himself during cross (with help of Fuller, obviously).

Posted by lsupride87
Member since Dec 2007
111860 posts
Posted on 12/8/16 at 12:23 pm to
I think this case will come down to Hayes taking the stand

I don't think there will be any evidence whatsoever of him fearing for his life(unless fuller has a smoking gun)

I think he will need to convince the jury he did

A tough hill to climb, as I don't think Hayes appears as a very appealing figure, but you never know
Posted by Zach Lee To Amp Hill
New Orleans
Member since Mar 2016
4991 posts
Posted on 12/8/16 at 12:24 pm to
quote:

Foret was ripping O'Neal big time during the prosecutions questioning earlier. He then said that O'Neal did a great job of redeeming himself during cross (with help of Fuller, obviously).


he also said that he was wrong about Fuller being terrible during direct because he didn't know about O'Neal's brain surgery.

not sure how that's relevant to anything.
Posted by Ash Williams
South of i-10
Member since May 2009
18561 posts
Posted on 12/8/16 at 12:25 pm to
quote:

yeah... Foret now saying the State calling O'Neal may have been a mistake b/c leading questions can be asked on cross


Then the prosecutor should object because if the state calls a party that's adverse to them and aligned with the defense, then the prosecutor can ask the judge to force the defense to ask open ended questions
Posted by reddman
Member since Jul 2005
78195 posts
Posted on 12/8/16 at 12:26 pm to
Hayes isn't taking the stand. No way.
Posted by lsupride87
Member since Dec 2007
111860 posts
Posted on 12/8/16 at 12:29 pm to
Man I know it normally is terrible idea, but he has nothing else

Zimmerman had wounds they could show as evidence he was getting beaten up

So far there is zero evidence for Hayes

I think he will have to convince the jury himself

I am just putting myself as a juror here
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147710 posts
Posted on 12/8/16 at 12:30 pm to
the "tattoos on the face" thing is what will make O'Neal's testimony not all reliable to the jury
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