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  1. #41
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    May 2018
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    Default Re: Does This Actually Fit in the Bookends of Syg

    I can't see any rational judge allowing the SYG immunity.

    Florida's legislature needs voted out for their asinine non-sense with SYG and pretty much ignoring the Trueman doctrine.

  2. #42
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    Default Re: Does This Actually Fit in the Bookends of Syg

    Quote Quoting KK1968
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    Trueman doctrine.
    You keep using the term "trueman". Can you post a link to a proper definition of it? I've never heard of it and neither has google, bing or yahoo.

  3. #43
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    Default Re: Does This Actually Fit in the Bookends of Syg

    put a space between the "e" and "m".

    I also am pretty sure I've posted snippets from holdings, and in this thread that are also easily searchable.

    The rule requiring accused to retreat is especially applicable where he was at fault in getting himself in the dangerous situation. 40 C.J.S. Homicide 127, p. 1012.

    Also: Fighting Words, what he was saying to McGlocklin's lady and how he was saying including being armed, it should be considered if Drejka attempts to obtain SYG immunity.


    I don't believe for one minute the people of Florida elected idiots that really intended to pass a "self-defense" law where the aggressor and instigator could run around provoking altercations then kill those reasonably responding appropriately.

    I'd say the argument that Drejka wouldn't have meddled with McGlocklin's lady and children had he not been emboldened with his concealed weapon.... well that will be an easy argument to support.

    McGlocklin responded appropriately to his lady and children being publicly accosted by a habitual instigator, regardless if the store clerk advised him Drejka was known for this behavior or not.

  4. #44
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    Default Re: Does This Actually Fit in the Bookends of Syg

    Quote Quoting KK1968
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    put a space between the "e" and "m".
    Then why aren't you typing it that way? It's not even spelled that way in the one snippet you post that actually references it in an oblique manner. You then run off at the mouth calling it a doctrine, which I see no evidence for.

    Quote Quoting KK1968
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    I also am pretty sure I've posted snippets from holdings, and in this thread that are also easily searchable.
    I found a vague reference that doesn't really define the term.

  5. #45
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    May 2018
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    Default Re: Does This Actually Fit in the Bookends of Syg

    Do you not have a copy of Black's Law?

    I can't help it if you cannot find any reference to the True Man Doctrine and that leads you to conclude I'm merely running my mouth.

    Volumes of case law speaks to the subject matter including Fighting Words.

    I can't help it if it is obscure or obtuse, the reality is that reasonable people with common sense necessary to survive without some idiotic law protecting their idiocy know there are indeed things you just don't do without having a pretty good notion somebody may step up and thump your gourd for foolish actions.

    If Drejka had no idea what he was doing was truly provocative, I'm guessing he is as mentally ill as some in this thread that appear to see nothing right with his instigating conduct landing him on his fearful punk ass.

    The doctrine relates to the principle of self defense , particularly in the law of homicide , and it is to the effect that a true man, who is without fault , is not obliged to flee from an assailant who, by violence or surprise , maliciously seeks to take his life or do him great bodily harm . The victim of an aggressor has no invariable duty to retire to a place of safety. See state v Haakenson, (N.D.J213 N. W.2d 394.


    Now I haven't gone back through this entire thread to see if the ass jacks in charge deleted any of my posts, in whole or in part, but, I did see some of the case law and other info I posted on this subject appears to have been vaporized.

  6. #46
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    Default Re: Does This Actually Fit in the Bookends of Syg

    Quote Quoting KK1968
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    Do you not have a copy of Black's Law?
    I don't but once you made it clear that you had repeatedly misspelled it, I was actually able to find it online.

    Quote Quoting KK1968
    View Post
    I can't help it if you cannot find any reference to the True Man Doctrine and that leads you to conclude I'm merely running my mouth.
    Sure you can. By spelling it correctly.

  7. #47
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    May 2018
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    Default Re: Does This Actually Fit in the Bookends of Syg

    Gotcha, the "wrong spelling" renders hits that are Harry at best.

    What is interesting is that prior to the Zimmerman case, it was very easy to find volumes of dissertations on the True Man Doctrine, now, you really have to dig to find them online.

    https://scholar.google.com/schhp?hl=en&as_sdt=6,43

    Not sure if you use this resource, try it if not, it's quite helpful.


    https://books.google.com/books?id=XX...%20law&f=false

    This one above provides some interesting historical background on Florida's law which isn't supposed to overlook the "without fault" prong and certainly did with respect to the SHeriff that refused to arrest Drejka.... it also escaped mention or consideration of all the talking head pundits.

    https://lawdigitalcommons.bc.edu/cgi...3&context=iclr

    https://books.google.com/books?id=nb...%20law&f=false

    This one gets into "reasonableness" which Drejka demonstrated a patent lack of reasonableness.

    "In court documents, McCabe and Pinellas sheriff's Detective George Moffett cited three other drivers who said Drejka threatened them during confrontations that preceded his run-in with McGlockton. Two of them said he displayed a gun.

    A black man who drives a septic truck told Moffett he parked in the same handicapped-accessible spot three months before McGlockton's shooting, the documents show. The man said Drejka began yelling at him and said he would shoot him. The driver said he left, but as he pulled away Drejka shouted racial slurs. The man's boss told Moffett that Drejka later called, telling him "that he was lucky he didn't blow his employee's head off."

    In separate 2012 cases, drivers reported that Drejka waved a gun at them during road rage confrontations. In both cases, officers stopped Drejka and found a gun in his car, but he denied showing it to the other drivers."

    http://www.foxnews.com/us/2018/08/14...-shooting.html

    This appears enough to void any overtures for SYG immunity putting proseuctors right at ther bar for 2nd degree.

    The manslaughter should be a slam dunk assuming they do not impanel metally defective or corrupt panelists.

  8. #48
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    May 2017
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    Default Re: Does This Actually Fit in the Bookends of Syg

    Quote Quoting KK1968
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    I can't see any rational judge allowing the SYG immunity.

    Florida's legislature needs voted out for their asinine non-sense with SYG and pretty much ignoring the Trueman doctrine.
    That's the problem. Florida judges apply SYG inconsistently. There is disagreement among the District Courts of Appeal about the most recent revision the legislature made to the law last year. It's a mess. Even in one judicial circuit different judges see it differently. Any law that is that hard for lawyers and judges to interpret is undoubtedly a bad law.

  9. #49
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    May 2018
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    Default Re: Does This Actually Fit in the Bookends of Syg

    https://www.youtube.com/watch?v=KeQEHzH47Qg

    Any history on how Judge Bulone views the SYG loopholes?

    https://scholar.google.com/scholar_c..._sdt=4,167,168

    https://scholar.google.com/scholar_c..._sdt=4,167,168

    one of these involves a killing in 2011 and it would appear the jury didn't buy into much of the defense argument, much less self-defense.

    The Brown case appears as though he tried to raise self-defense and apparently with an imaginary friend.... not sure about that one.

  10. #50
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    Mar 2016
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    Default Re: Does This Actually Fit in the Bookends of Syg

    Well Drejka is now being charged with manslaughter I believe - and as he should. Three times prior he threatened other people for parking in that handicap spot. He actually called one guy's boss and said he would come shoot the guy in the head for parking there. He threatened a woman and someone else. Each time threatened to shoot people for parking in a handicap spot. He's a violent person - and he murdered someone. Plain and simple. He's not the parking police. He should have just called the police and reported someone without a placard parking in that spot. Not stalking people at their work or threatening them and then ultimately shooting someone.

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