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Started By
Message
1
Posted on 5/10/20 at 2:24 pm to Turbeauxdog
What does it mean.
Posted on 5/10/20 at 2:25 pm to Turbeauxdog
quote:
she didn’t witness a felony
So same as the McMichaels.
quote:
in her 911 call she yells at the guy “I’m going to shoot you!”
How is that different? He was resisting a citizens arrest. Why would he do that?
Posted on 5/10/20 at 2:26 pm to Turbeauxdog
quote:
Well, we’ve had posters here conflating it with in person, which is of course wrong.
either they witness it in person or know of it within a relatively quick timeframe, can't be a stale offense or felony
Posted on 5/10/20 at 2:27 pm to Turbeauxdog
quote:
Well, we’ve had posters here conflating it with in person, which is of course wrong.
One of those posters cited precedence via a Georgia Winn Dixie case where a clerk attempted, illegally, a citizens arrest. Courts said since he didn't see the thief steal the customers wallet/purse he couldn't attempt a citizen's arrest.
Hardly an instance of "which is of course wrong".
Posted on 5/10/20 at 2:27 pm to Turbeauxdog
It has been interpreted to mean “in person.” If you have other instances of its interpretation, feel free to share.
Posted on 5/10/20 at 2:28 pm to the808bass
quote:
So same as the McMichaels.
You don’t have to witness it in Georgia. We’ve been over this and you’ve made great strides, let’s not regress.
quote:
How is that different? He was resisting a citizens arrest. Why would he do that?
Well, she said she was going to shoot him for lack of compliance not because of an attack. Hurts her position doesn’t it?
Posted on 5/10/20 at 2:28 pm to Turbeauxdog
quote:
Entering a dwelling with intent to steal is a felony I. Georgia.
No certificate of occupancy for that building, so it's not a dwelling yet.
Moreover, was there intent to steal?
Moreover, did the McMichaels even see him enter the house under construction?
Posted on 5/10/20 at 2:29 pm to the808bass
quote:
It has been interpreted to mean “in person.” If you have other instances of its interpretation, feel free to share.
There are lots of stupid lawyers and judges, should I start listing some instances?
Posted on 5/10/20 at 2:29 pm to Turbeauxdog
quote:
You don’t have to witness it in Georgia. We’ve been over this and you’ve made great strides, let’s not regress.
You haven’t established what the law means. I’m the only one between the two of us who has cited a case. And the interpretation clearly doesn’t support your contention. Feel free to cite a counter example.
Posted on 5/10/20 at 2:30 pm to Turbeauxdog
quote:
There are lots of stupid lawyers and judges, should I start listing some instances?
No. You can continue to argue solely on the basis of your own idiocy.
Posted on 5/10/20 at 2:30 pm to Azkiger
quote:
No certificate of occupancy for that building, so it's not a dwelling yet.
That’s actually an interesting point. Do we know how that’s applicable to Georgia law?
Posted on 5/10/20 at 2:30 pm to the808bass
quote:
You can continue to argue solely on the basis of your own idiocy.
Literacy is idiocy?
Neat take.
Posted on 5/10/20 at 2:30 pm to Turbeauxdog
quote:
There are lots of stupid lawyers and judges, should I start listing some instances?
Yes you should
Posted on 5/10/20 at 2:30 pm to Turbeauxdog
It would still be a dwelling.
Posted on 5/10/20 at 2:31 pm to Turbeauxdog
quote:
There are lots of stupid lawyers and judges, should I start listing some instances?
A wonderful legal defense. "Yes, your honor, I understand the precedence of this law, but it was set by stupid lawyers and judges!"
Can I get you on retainer?
Posted on 5/10/20 at 2:31 pm to the808bass
quote:
I’m the only one between the two of us who has cited a case
The Hannah cause?
As I said, that’s an L bud.
Posted on 5/10/20 at 2:31 pm to SammyTiger
In many instances there's no specifically legal definition used for terms or phrases included in the law, in which case the plain, everyday import of the terms or phrases is used.
In general, the following are accepted plain import of the terms at issue....
Immediate: happening now or right away.
Knowledge: acquaintance or familiarity gained by sight, experience, or report.
**It's up to the finder of fact to apply it from there.
In general, the following are accepted plain import of the terms at issue....
Immediate: happening now or right away.
Knowledge: acquaintance or familiarity gained by sight, experience, or report.
**It's up to the finder of fact to apply it from there.
Posted on 5/10/20 at 2:31 pm to the808bass
How was this a citizen's arrest? Is chasing after someone and saying you want them to stop and talk considered a "citizen's arrest"? I'm no legal scholar but that doesn't seem like enough to be called a citizen's arrest to me. Have the McMichaels' attorneys come out and said they were planning on using citizen's arrest as part of their defense?
Posted on 5/10/20 at 2:31 pm to Turbeauxdog
quote:
Literacy is idiocy?
It’s not. Assuming you know the meaning of a legal term while ignoring how it’s been applied is idiocy.
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