Ishmael
Literotica Guru
- Joined
- Nov 24, 2001
- Posts
- 84,005
I had wondered why O'Mara had decided to fore go the "Stand Your Ground" hearing. I think the answer is in his written petition for summary acquittal.
The 'SYG' law is relatively new and is without any real precedence and no State Supreme Court findings that I know of. Going into a 'SYG' hearing would be a crap shoot under the best of circumstance and given the political nature of the trial is is unlikely that he would have prevailed anyway. Further a finding against the defense in a 'SYG' hearing, the most likely outcome, would most likely get back to the jurors and might possibly prejudice their deliberations.
On the other hand Self-defense has a long history of precedent as well as several State Supreme Court decisions. O'Mara obviously feels that the 'SYG' defense is unnecessary in this case and has strategically decided to not even broach that law.
We'll see if it works.
Ishmael
The 'SYG' law is relatively new and is without any real precedence and no State Supreme Court findings that I know of. Going into a 'SYG' hearing would be a crap shoot under the best of circumstance and given the political nature of the trial is is unlikely that he would have prevailed anyway. Further a finding against the defense in a 'SYG' hearing, the most likely outcome, would most likely get back to the jurors and might possibly prejudice their deliberations.
On the other hand Self-defense has a long history of precedent as well as several State Supreme Court decisions. O'Mara obviously feels that the 'SYG' defense is unnecessary in this case and has strategically decided to not even broach that law.
We'll see if it works.
Ishmael