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re: Will Smith Murder Trial-Guilty of manslaughter and attempted manslaughter
Posted on 12/8/16 at 1:14 pm to Fun Bunch
Posted on 12/8/16 at 1:14 pm to Fun Bunch
quote:I don't think Fuller can put that pistol in Smith's hands, but this is Hayes' only real chance. I can't wait to get the Coroner's Report and Forensics submitted and cross examined.
The thing I'm most interested in is where Fuller was going with the gun powder residue/Will Smith questions. Could be he's just throwing shite out there and hoping it creates some doubt and talk in the jury room. Could be there is some unexplained gun powder residue on Smith and the police covered it up... But there's absolutely no testimony or evidence whatsoever that Smith ever reached or fired a weapon.
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Posted on 12/8/16 at 1:15 pm to lsupride87
I'm not sure how that makes me wrong. If he doesn't show that he had reasonable fear, he's getting convicted.
Seems like we're saying the same thing, but I'm sure you'll just disagree.
Seems like we're saying the same thing, but I'm sure you'll just disagree.
Posted on 12/8/16 at 1:16 pm to LNCHBOX
quote:Ummm, no. It says the state has to actively show he did not have reasonable fear
I'm not sure how that makes me wrong. If he doesn't show that he had reasonable fear, he's getting convicted.
That does not mean Hayes has to shown he did have reasonable fear
The burden of proof is on the state
Even you have to admit you were mistaken
This post was edited on 12/8/16 at 1:17 pm
Posted on 12/8/16 at 1:16 pm to lsupride87
I wouldn't agree.
Its a lot easier to prove than you think. You're giving it some crazy high standard, and while the burden is high, the State has easily done it so far.
I think Fuller/Hayes have to really, really establish some reasonable fear.
The State has established to me that there was no confirmed physical violence done to Hayes, that Hayes shot Smith at close range, in the back several times, and that he possibly exited the vehicle with his weapon. Among other things.
You're thinking a bit too much.
Its a lot easier to prove than you think. You're giving it some crazy high standard, and while the burden is high, the State has easily done it so far.
I think Fuller/Hayes have to really, really establish some reasonable fear.
The State has established to me that there was no confirmed physical violence done to Hayes, that Hayes shot Smith at close range, in the back several times, and that he possibly exited the vehicle with his weapon. Among other things.
You're thinking a bit too much.
Posted on 12/8/16 at 1:17 pm to LNCHBOX
You really suck at this
Posted on 12/8/16 at 1:17 pm to Fun Bunch
quote:That is not what I asked
I wouldn't agree.
Its a lot easier to prove than you think. You're giving it some crazy high standard, and while the burden is high, the State has easily done it so far.
I think Fuller/Hayes have to really, really establish some reasonable fear.
The State has established to me that there was no confirmed physical violence done to Hayes, that Hayes shot Smith at close range, in the back several times, and that he possibly exited the vehicle with his weapon. Among other things.
You're thinking a bit too much.
Posted on 12/8/16 at 1:17 pm to Fun Bunch
quote:
. I believe the burden is on the prosecution to show that his fear was not reasonable
Isn't one foot out the door already with this? Considering the people in Smith's camp who already testified that offered nothing damning in regard to Hayes? Even the neutral witnesses haven't offered much
Where do you think the knockout will come?
Posted on 12/8/16 at 1:18 pm to lsupride87
quote:
If I dont think the state has shown he didnt have reasonable fear, but I also dont think the defense has shown he had reasonable fear, which way would the judge and law instruct me to vote?
I would have a hard time believing that they would want you to convict with that many doubts either way. I really don't know though.
Posted on 12/8/16 at 1:18 pm to LNCHBOX
quote:
LNCHBOX
Do you understand what burden of proof means? Stop pretending to be a lawyer.
Posted on 12/8/16 at 1:19 pm to lsupride87
quote:
It says the state has to actively show he did not have reasonable fear
So far I've seen zero evidence that says he had reasonable fear. A lack of reasonable fear means he had none as far as I'm concerned.
If Fuller can't show he had it, he didn't have it.
I'm pulling a you from earlier in the thread and saying frick what the actual laws says.
Posted on 12/8/16 at 1:20 pm to TigahJay
The fact has now been shown the burden of proof is on the prosecution in regards to self defense
Fun Bunch, I feel like earlier you tried to say once self defense was the plea, that the burden shifted to the defense
Lnch sure as shite is arguing that
Fun Bunch, I feel like earlier you tried to say once self defense was the plea, that the burden shifted to the defense
Lnch sure as shite is arguing that
Posted on 12/8/16 at 1:20 pm to TigahJay
quote:
Do you understand what burden of proof means? Stop pretending to be a lawyer.
I didn't pretend to be anything. I'd tell yo the same since you also admitted you aren't one.
Posted on 12/8/16 at 1:20 pm to LNCHBOX
quote:Agreed. Too bad that isnt where the burden of proof lies.
So far I've seen zero evidence that says he had reasonable fear. A lack of reasonable fear means he had none as far as I'm concerned.
Just admit you were wrong about the actual law
Posted on 12/8/16 at 1:21 pm to lsupride87
quote:
Just admit you were wrong about the actual law
Congrats on finishing reading the post you quoted.
Posted on 12/8/16 at 1:21 pm to LNCHBOX
quote:Scary to think of you as a juror.....
If Fuller can't show he had it, he didn't have it.
Who cares about the law right?
Posted on 12/8/16 at 1:21 pm to LNCHBOX
quote:Say the words you were wrong about the law
Congrats on finishing reading the post you quoted.
Posted on 12/8/16 at 1:21 pm to LNCHBOX
quote:
I didn't pretend to be anything. I'd tell yo the same since you also admitted you aren't one.
Yeah I admit it when I don't know the law. Same can't be said for you obviously.
This post was edited on 12/8/16 at 1:22 pm
Posted on 12/8/16 at 1:22 pm to lsupride87
quote:
Who cares about the law right?
You yourself said you didn't earlier in the thread. I took a page out of your book.
Posted on 12/8/16 at 1:22 pm to lsupride87
Theses recesses suck. It always ends up in all of us showing how much we don't know about the law, me included.
Posted on 12/8/16 at 1:22 pm to TigahJay
quote:
Same can't be said for you obviously.
Except for where I clearly said it just a few posts ago.
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