Greg McMichael is found not guilty of malice murder but guilty of 4 counts of felony murder, which carries essentially the same potential penalty.
And Bryant is found guilty of 3 counts of felony murder
Murder in Georgia includes both malice murder & felony murder and carries a potential sentence of life in prison.
Malice murder is intentional murder - the intent can be either direct or implied from killing without provocation in a manner that demonstrates a “malignant heart.”
Felony murder is a killing that occurs during the commission of another felony - here prosecutors charged aggravated assault & false imprisonment. There is no need to prove intent as long as all the elements of the underlying crime are proven, along with the death.
An early prediction: defendants will plead guilty to federal charges now, out of a desire to serve their time in fed’l prison, not the Georgia state system
.@TheRevAl & @AttorneyCrump bring a message of unity, saying that it took a community of Black & white people to get justice for Ahmaud. They look to a future where Black lives matters & in the words of Ahmaud’s Dad, no parent has to go thru what his family has.
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1/ Before deliberation, the judge in the Rittenhouse case will instruct the jury on the law, incl' Wisconsin's self-defense law. A few key points: you can use force to stop "interference with your person" but there are limits on how much force you can use law.justia.com/codes/wisconsi…
You can only use the amount of force/threat you reasonably believe is needed to stop the threat you're defending yourself against. You can't intentionally use force that will cause death/great harm unless you reas believe it's necessary to prevent death/threat harm to yourself.
3/ This explains some of the questions asked of Rittenhouse on cross-ex today, for instance, about using a gun against someone who is unarmed.
In opening statement in the trial of #AhmaudArbery’s killers, the prosecution is doing a masterful job of laying out the evidence to reduce any suggestion the defendants were protecting the neighborhood from burglaries (not a defense to murder btw) to the mere pretext it is
The prosecution has videotape of law enforcement telling the McMichael defendants that the owner of the construction site (where some items may have been stolen from a boat) has been using motion activated security cameras & Mr. Arbery never stole anything from his property.
911 call operator asks Greg McMichael what Arbery is doing wrong & he tells her … running down the street. He has no idea where Arbery is coming from or going, but he goes inside to get his gun & his son. “He’s running from somebody” he later told police.
A few links for those of you who want to get up to speed on New Mexico homicide (the killing of a person by another) law. Criminal homicide can be murder or manslaughter & typically, it's the killers state of mind that distinguishes the crimes 1/
Criminal law is statutory law. Different state codes are different so you have to start by reading the law. 1st degree murder in New Mexico can be premeditated, felony murder or "depraved mind" (think back to George Floyd). law.justia.com/codes/new-mexi…
In New Mexico, essentially, other intentional murders are second degree. The statute requires proof the defendant "knows that such acts create a strong probability of death or great bodily harm to that individual or another." And there's a carve out for crimes of passion.
In DOJ’s challenge to Texas’ anti-abortion law, The judge has just temporarily enjoined the law which means that, at least until the defendants can get on appeal to the 5th Circuit, the law and its ban on abortion after 6 weeks are no longer in force. justsecurity.org/wp-content/upl…
The law has a confusing provision that purports to provide 4 years from the time a person has an abortion for vigilantes to file suit & to apply to procedures while the law is temporarily enjoined. That provision seems questionable, but that's SB8 in a nutshell.
Tx has appealed to the 5th Circuit, noting the case is "related to" Whole Women's Health, the earlier challenge to SB8 where the 5th stripped Judge Pitman's ability to consider the request for an injunction & setting up the SCOTUS ruling that let SB8 go into effect
Anyone who’s studied our founding, hopefully all of us, understands how essential this principle, enshrined in the 1st Amendment, is. We must reject the imposition of Christian or other religious beliefs as vigorously as fearmongers have reacted to even a hint of other practices.
Remember Roy Moore? He was always worried about the imposition of Sharia law (even though it wasn’t actually being imposed). politifact.com/factchecks/201…
The 5th Circuit, which kept the trial court from considering Texas' abortion leading to the SCOTUS ruling issued an opinion: SB 8 emphatically precludes enforcement by any state, local, or agency officials. The defendant officials..are not amenable to suit ca5.uscourts.gov/opinions/pub/2…
Am I the only one who finds it ironic that the 5th Circuit stayed the district court from acting in order to protect the defendants (judge, court official, person who wants to sue under SB8), without any concern for the women whose Constitutional rights it denied?
Impact of this: The 5th Circuit is expediting the cases, it will hear it on its next argument docket to decide whether there can be further proceedings in the district court or whether, as it implies, none of these defendants are proper defendants to sue msnbc.com/opinion/texas-…