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re: Rittenhouse day 9-Motions and jury instructions

Posted on 11/12/21 at 1:02 pm to
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
76373 posts
Posted on 11/12/21 at 1:02 pm to
I don't think it's ideal, but I think Rekieta is also being victims of the moment with their freakout.
Posted by David_DJS
Member since Aug 2005
22714 posts
Posted on 11/12/21 at 1:03 pm to
quote:

Kyle fully acquitted = liberals lose their mind/media incites hate

Kyle is found guilty = liberals lose their mind/media incites hate

Kyle is found guilty of lesser charges = liberals lose their mind/media incites hate

This is what is wrong with America.

Also what's wrong with America -

Kyle fully acquitted = conservatives engage in omphaloskepsis

Kyle is found guilty = conservatives engage in omphaloskepsis

Kyle is found guilty of lesser charges = conservatives engage in omphaloskepsis
Posted by BuckyCheese
Member since Jan 2015
57778 posts
Posted on 11/12/21 at 1:03 pm to
quote:

I don't think it's ideal, but I think Rekieta is also being victims of the moment with their freakout.



It's not ideal, but should be pointed out.
Posted by BFIV
Virginia
Member since Apr 2012
8873 posts
Posted on 11/12/21 at 1:03 pm to
quote:

If Kyle is convicted, he never had a chance in the first place.



IF he is convicted, what reasonable grounds would Kyle have to file an appeal? I'm certainly not a lawyer, either.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476637 posts
Posted on 11/12/21 at 1:03 pm to
These jury rules in other states are WILD man.

They would make a bunch of lawyers I know commit suicide.
Posted by BuckyCheese
Member since Jan 2015
57778 posts
Posted on 11/12/21 at 1:05 pm to
quote:

omphaloskepsis
Posted by udtiger
Over your left shoulder
Member since Nov 2006
115384 posts
Posted on 11/12/21 at 1:05 pm to
quote:

Also, this is just jury instructions. Defense still has directed verdict motion to go.


No.

Problem is that for the judge to allow the instruction, he has to conclude there is some degree of evidence that the jury should be afforded the opportunity to reach that legal conclusion (which, they cannot do without the instruction on the law).

By extension, the argument could be made that since the instruction was given, a "reasonable" juror could conclude there was provocation, which is all that is necessary to defeat a directed verdict.
Posted by Havoc
Member since Nov 2015
39255 posts
Posted on 11/12/21 at 1:06 pm to
Just jumping to the last page.

Wow. How the hell did the defense lose that? The judge started off sounding very clearly supporting the defense position re: the video, provocation, etc.

At a loss. I guess they can just try and clean it up on closing?

The problem with the picture/video "evidence" that I see is that is causes more questions than it resolves. Probative evidence should not do that. IOW, even if you accept that the evidence shows what it is intended, KR lifting up his rifle, it raises many questions as to:
Was it raising or pointing?
Pointing it where?
At whom?
Who saw that?

And there is NO evidence to resolve those questions.
Similar to other evidentiary tests, the probative value does not outweigh the prejudicial effect.
Posted by paladine36
Member since Feb 2013
1524 posts
Posted on 11/12/21 at 1:07 pm to
quote:

Fatlock





Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
76373 posts
Posted on 11/12/21 at 1:07 pm to
Can the defense come back after lunch and fight provocation again? Or is that portion over and done with?

They just seem to think this trial is completely over and now he's going to jail for a long arse time. Maybe I'm underrating how bad this, who knows.
This post was edited on 11/12/21 at 1:10 pm
Posted by TDTOM
Member since Jan 2021
25893 posts
Posted on 11/12/21 at 1:08 pm to
quote:

The judge started off sounding very clearly supporting the defense position re: the video, provocation, etc.



That is how he starts most then talks himself out of it.
Posted by BuckyCheese
Member since Jan 2015
57778 posts
Posted on 11/12/21 at 1:10 pm to
quote:

That is how he starts most then talks himself out of it.



It's easier for him to do when the defense doesn't say shite.
Posted by TDTOM
Member since Jan 2021
25893 posts
Posted on 11/12/21 at 1:12 pm to
quote:

I don’t feel like the defense worked hard enough for Kyle.


I said this last night.
Posted by omarlittle
Member since Mar 2011
1334 posts
Posted on 11/12/21 at 1:13 pm to
quote:

That is how he starts most then talks himself out of it.


This. He’s definitely not the hero most are making him out to be. He scolds the prosecutors then allows their requests.
Posted by hogcard1964
Alabama
Member since Jan 2017
19852 posts
Posted on 11/12/21 at 1:13 pm to
I think they're done for the day.

Today was a huge win for the state/prosecution.

Everything previously won by the defense could have been completely crapped away today.

I have a bad feeling that he's going to jail.
This post was edited on 11/12/21 at 1:15 pm
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476637 posts
Posted on 11/12/21 at 1:14 pm to
If Chicken ever give me a TD coozie I'll ask to do a Rekieta law segment with the coozie in full view
Posted by Dawgfan247
Member since Jan 2021
1900 posts
Posted on 11/12/21 at 1:19 pm to
Can they still do motions for directed verdict or are they done for the day?
Posted by David_DJS
Member since Aug 2005
22714 posts
Posted on 11/12/21 at 1:19 pm to

It's the cool way of saying navel gazing. Like Trump, I had to look it up.
Posted by David_DJS
Member since Aug 2005
22714 posts
Posted on 11/12/21 at 1:19 pm to

It's the cool way of saying navel gazing. Like Trump, I had to look it up.
Posted by geauxskeet
Member since Oct 2009
555 posts
Posted on 11/12/21 at 1:20 pm to
quote:

Also what's wrong with America -

Kyle fully acquitted = conservatives engage in omphaloskepsis

Kyle is found guilty = conservatives engage in omphaloskepsis

Kyle is found guilty of lesser charges = conservatives engage in omphaloskepsis





Better looking at my conservative belly button, than have my liberal head up my liberal arse.
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