Michael Dunn trial date continued

Wednesday, April 23, 2014

Good afternoon:

News4Jax is reporting that Michael Dunn’s trial date has been continued at the request of his public defender, Waffa Hanania. The court will set a new trial date at a hearing on June 9th.

Ms. Hanania has to watch the trial and review thousands of pages of police reports, forensic reports, autopsy reports, witness statements to police, witness depositions, trial transcripts, and defense investigation reports to review before she can realistically determine what else she must do to prepare for trial and how long it will take her to do it. In addition, she has other cases to handle and some of them will have scheduled trial dates.

I think Judge Healey will set a new trial date in the late fall or early next year. There is no reason to hurry because Dunn isn’t going anywhere. He will remain in the county jail until his case is resolved.

The judge has already ruled that the sentencing for the three attempted murder convictions will have to wait until the murder charge is resolved.

Whether he is found guilty or not guilty, a sentencing will follow, probably about 30 days after verdict.

If the new jury cannot agree on a verdict and a mistrial is declared, Angela Corey will have to again decide whether to retry him.

There is no limit to the number of times she can retry him on the murder charge, if each jury cannot reach a unanimous verdict. The Double Jeopardy Clause does not prevent a retrial because no verdict has been reached.

I doubt she will try the case a third time, if the second jury hangs.

As I’ve said many times beginning with the Zimmerman case, jury selection is the most important part of these ridiculous white-man-shoots-unarmed-black-kid self-defense trial.

If Corey and her team do not weed out the racists, they ain’t going to win.

They also need to take another run at persuading Judge Healey to allow them to introduce Dunn’s racist letters, phone calls, and graffiti on his cell wall to show why he he shot at the kids. Authentication of the graffiti might pose a problem, but it should not be difficult to find someone to identify it as his.

I believe the evidence is admissible to prove motive under Rule 404(b). Motive is relevant and admissible because he is charged with premeditated murder and he claims self-defense. Indeed, his state of mind is the primary issue in the case.

And, if he dares to open the door again by placing his character in issue, Corey better be prepared to back the garbage truck up to the courthouse door and dump all of the stinky stuff the former neighbor knows about him on the courtroom floor.

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Fred

11 Responses to Michael Dunn trial date continued

  1. JJP says:

    The reenactment disproves that Michael Dunn’s exculpatory claims of self-defense. The jail house letters indicate a depraved mind, which is a prerequisite for a second degree murder conviction. Depraved mind murder is ill will, hatred, spite or an evil intent. Any jury that was empowered to view evidence that shows homicide with animus will at a minimum convict Michael Dunn of second degree murder with the discharge of a firearm causing death. Premeditated first degree murder can’t be proven beyond a reasonable doubt. There was insufficient time to reflect on the intent to kill and killing itself. The litigation strategy of the State was not persuasive to preclude a hung jury on February 15th, 2014 that voted 9-3 to reject the justifiable use of deadly force and convict for first degree murder. The actual link for the shooting reenactment is http://www.actionnewsjax.com/content/topstories/story/Action-News-Recreates-Michael-Dunn-Shooting/HzVCHASVZE2G-3X1ftAXqg.cspx

  2. Trisha0620 says:

    Im down here in Jacksonville the feds are here looking into this case, its was on the 5:30 news tonight, they re inacted the crime, and they said there is no way Dunn was in his car when he fired those shots, they also said Davis was not getting out of the car either, they said the kill shot a long with the other shots happened with Dunn out of the car down on one knee, they are also ticked off they there was no reinacted of the crime period,

    • Malisha says:

      OMG it is such an obvious federal habeas case, I don’t know that you could find a clearer Sixth Amendment case.

  3. Malisha says:

    Oh he’ll die of fear in a real prison. He was shitting bricks because somebody yelled at him in a damn CAR!

    • Trained Observer says:

      He yaks on the stand about being in “fear of his life” from four teens. Eventually he’ll find out what fear is all about.

  4. Trained Observer says:

    He’ll stall as long as possible to stay out of a state pen and remain in the comparatively cozy confines of the Duval County jail.

    • crazy1946 says:

      Trained Observer,

      “comparatively cozy confines of the Duval County jail.”

      Actually, I would suspect that it is the “safety” of the Duval County jail that he wants to stay in… He might not survive long in the state facility with a racially mixed population…

  5. bettykath says:

    I think the witness who heard him say something to the effect of “You can’t talk to me like that” shows his state of mind. It wasn’t self-defense or impulse. It was anger b/c his white privilege authority was challenged.

    As I ‘ve said before, if playing loud music or mouthing off were a capital offense we’d have a much smaller population.

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