That's in part because there actually was a self-defense issue in the Zimmerman case. In the Dunn case on the other hand, self defense is a real stretch - not so much because of what he alleges took place, but rather due to his actions after the shooting - which certainly were not those of most people making a self defence claim.Despite what appears to be similarities with the George Zimmerman case, the Michael Dunn case has generated nowhere near the public and media attention and outrage. Maybe that is a good thing? On the other hand, maybe the shooting to death of unarmed teenagers in Florida is no longer newsworthy anymore?
Not to sound like a know-it-all, but murder in the 1st degree was a stretch, this really boils down to murder in the 2nd degree or manslaughter. Frankly I can see it going either way on those charges.Looks like the jury is hung on the 1st degree murder charge.
Mark O'Mara was interviewed on CNN.
Angela Corey said that, subject to approval by the Davis family, they will re-file the 1st degree murder charge. Also, it appears that the defense will appeal the guilty verdict. Unlike the Zimmerman trial, the final chapter has not been written on this case.I doubt that the prosecutors will opt to retry him on the Murder charge given that the attempted murder charges have a sentence range of up to 20 years on each charge and 15 years on the charge of firing into an occupied vehicle, so up to 75 years on the charges of which he was convicted.
I'm not so sure the residents of Duval, Nassau and Clay counties will be particularly thrilled at the cost particularly when even if there were a conviction it is likely that the sentence would be concurrent with the sentence which will shortly be imposed for today's convictions. This seems more about her vanity and "tougher than nails" reputation than real justice.said that, subject to approval by the Davis family, they will re-file the 1st degree murder charge.
Quite standard, in fact in many jurisdictions such appeals are automatic.it appears that the defense will appeal the guilty verdict.
Does Florida have a statute of limitation on re-filing a 1st degree murder charge?I'm not so sure the residents of Duval, Nassau and Clay counties will be particularly thrilled at the cost particularly when even if there were a conviction it is likely that the sentence would be concurrent with the sentence which will shortly be imposed for today's convictions.
Under the Florida Rules of Criminal Procedure the new trial must commence within 90 days of a mistrial being declared.Does Florida have a statute of limitation on re-filing a 1st degree murder charge?
Ok, now I know what one of the talking heads on CNN meant. He basically said that should Dunn win on appeal on all counts and Angela Corey does not re-file the murder charge within the statute of limitation, then Dunn walks.Under the Florida Rules of Criminal Procedure the new trial must commence within 90 days of a mistrial being declared.
I haven't followed the trial closely at all, it would depend upon what issues they are raising on appeal. Appeals in the Common Law system are on matters of law it is rare that the issue of "but no jury in it's right mind should have convicted me" is raised and rarer still that it succeeds unless their are other issues of law also being raised (such as DNA testing that shows that it wasn't you).Ok, now I know what one of the talking heads on CNN meant. He basically said that should Dunn win on appeal on all counts and Angela Corey does not re-file the murder charge within the statute of limitation, then Dunn walks.
Query: What are Dunn's chances on appeal?
Dunn convicted of attempted murder
Even without a final decision on the murder count -- and pending defense appeals -- the 47-year-old Dunn is looking at a lengthy prison term.
Prosecutor Erin Wolfson explained Saturday night that each attempted second-degree murder conviction carries a minimum sentence of at least 20 years. There's also a 15-year sentence possible on the conviction for shooting into the teenagers' vehicle.
"You are looking basically at life in prison," Strolla said, even as he vowed to challenge the convictions. "At 47 years old, that's a life sentence regardless of count one."
A CNN legal analyst, Paul Callan, said in most cases prosecutors will take some time after a mistrial to reflect on the case before planning the next steps.
"If he winds up with 60 or 75 years in jail, from a pragmatic standpoint it doesn't make a whole lot of sense to retry the case,"
What a damning statement about the Florida penal system!Hope he spends the rest of his life in jail running from big mean black guys who truly mean to do him harm.
