Arbery Trial Verdict In: Guilty on Most Counts

submitted by Richard_Parker from self.debatealtright

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[–]88BitSorelianism 6 insightful - 1 fun6 insightful - 0 fun7 insightful - 1 fun -  (1 child)

This all pinned on whether the citizens arrest was legal or illegal and the judge did not rule correctly on whether they needed probable cause or reasonable suspicion, when it is ambiguous the judge has to apply the rule of lennity and rule on it in the defendants favor and not in the state's favor and he failed to do that. Andrew Branca really explained it well here. https://youtu.be/TkKzGnh591g

[–]88BitSorelianism 5 insightful - 1 fun5 insightful - 0 fun6 insightful - 1 fun -  (0 children)

Here is some more on it

"In the Georgia trial over the killing of Ahmaud Arbery, Judge Timothy Walmsley delivered a haymaker to the defense on the very eve of closing statements.

The court ruled that Georgia’s prior citizen’s arrest law is only applicable if a person sees a felony committed and acts without delay.

The ruling could be “outcome determinative” in the case by stripping away the core defense that these men were chasing a person suspected of a series of crimes over the last year.

[...]

Bob Rubin, attorney for Travis McMichael, objected that “if you are going to instruct the jury as you say, you are directing a verdict for the state.”

Judge Walmsley simply responded “I understand the significance of this charge.”"