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Old July 15, 2013, 08:09 PM   #97
KyJim
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Join Date: July 26, 2005
Location: The Bluegrass
Posts: 9,137
I did some very quick research on WestLaw on applying for immunity protection in a civil suit following acquittal in a jury case. I found no civil cases in Florida that cited to the Florida statue on immunity. I also did not find anything in the rest of the country, though I emphasize this was just a quick keywords type search. Based on the Florida statute as a whole, I think Zimmerman can raise it in a civil suit. He would have the burden of proving immunity by a preponderance of the evidence. The trial judge would make that determination.

Quote:
The Brady Campaign has (of course) jumped into the fray. They were the most vocal opponents to the trend of SYG laws that started with Florida, and this is a prime opportunity for them to take a second crack at the issue.

Add in Mayor Bloomberg's stated intent to rally support for repeal, and we've got a real problem. They're winning on the AWB/UBC thing in several states, and this could be next.
We need to remind those seeking repeal that the "stand your ground" defense was NOT used in this case. This was traditional self-defense.

On defamation of Zimmerman by NBC, I think Zimmerman would have an excellent chance of success even if he is considered to be a public figure for limited purposes. Under the NY Times v. Sullivan case, he would have to show actual malice or reckless disregard for the truth. The actual malice might be difficult to prove but reckless disregard for the truth should be relatively easy. They had the unedited tape and deliberately edited it to change the meaning and cast Zimmerman as a racist.

Last edited by KyJim; July 15, 2013 at 08:16 PM.
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