Le·gal In·sur·rec·tion

Defense and State conclude their closing arguments, Judge Healey instructs the jury, and sends into deliberations...

Assistant State Attorney Erin Wolfson made a solid presentation in the first of the State's two closing arguments. (The State has a second closing argument after the defense's close.)

Reasonable Doubt

She touched upon all the key points, using powerpoint slides and forensic photos, beginning with a definition of a reasonable doubt, defined in the negative as is pretty much the norm. [caption id="attachment_78557" align="alignnone" width="450"] (Reasonable Doubt.)[/caption]

 First Degree Murder

The elements of the crimes with which Dunn is charged, beginning with first degree murder. [caption id="attachment_78558" align="alignnone" width="450"] (Murder 1st Degree.)[/caption] In the context of first degree murder she also provided a definition ofpremeditation:

NOTE: LIVE COVERAGE: “Loud Music” Murder Trial, VERDICT WATCH

Welcome to day six of our live coverage of the "loud music" 1st degree murder trial of Michael Dunn in real time. Here are three live video feeds. Expectations are that this morning will see closing arguments, in the following sequence: State, Defense, State. Then the jury will be charged (read the jury instructions) and provided with their verdict forms. The jury instructions in this case are extensive. Not only are there the five primary charges on which Dunn was indicted--first degree murder, three counts of attempted murder, and firing into an occupied vehicle--there are also the lesser included crimes of each, as well as Florida's 10-20-Life statute (775.087), made infamous by the Marissa Alexander case.  Add on top of that Florida's very lengthy and convoluted justification jury instructions, and it's not hard to see that the jury's going to receive a very large packet of instructional material, indeed. (Sadly, I expect the standardized jury instructions will once again include the instruction on Stand-Your-Ground, despite the fact that SYG plays no more of a role here than it did in the Zimmerman trial--meaning, none. Their inclusion will provide plenty of fodder for the "SYG-phobics" and, of course, journalists.) Our end-of-day wrap-up discussing these issues as well as yesterday afternoon's testimony by Michael Dunn, and rebuttal by State-called witnesses Rhonda Rouer and Homicide Detective Musser can be found here: “Loud Music” Murder Trial Day 5: Dunn Testifies, Defense Rests Below the live video feeds is a live Twitter feed with my live tweets and those of others reporting on the trial. We plan to do a brief mid-day summary when the court recesses for lunch, then our usual lengthier coverage/analysis after the court recesses that day's end. At the bottom of this post, below the Twitter feed, I've embedded yesterday's testimony by Dunn, Rouer, and Musser.)

NOTE: LIVE COVERAGE: “Loud Music” Murder Trial, VERDICT WATCH

Today the Dunn trial managed to wrap up all of the evidence to be presented to the jury, including a bit of rebuttal evidence once the defense had rested.  All the criminal charges--first degree murder, three counts of attempted murder, and firing into an occupied vehicle--are moving forward, as is the legal defense of self-defense. Notable today was the testimony of the defendant, Michael Dunn.  On direct he recounted the events leading up to, during, and following his shooting of of Jordan Davis, as was necessary if he hoped to get a self-defense jury instruction.  He was unshaken by the ~ 3 hours of cross-examination of Assistant State Attorney John guy. In my opinion, however, he came across as cool, aloof, and lacking in empathy.  This would normally be a small matter, except that the sole evidence of self-defense comes from his own testimony, and his credibility is already seriously damaged by his flight from the scene and his failure to contact police be he was arrested by them. Closing arguments are scheduled for 10AM tomorrow morning, with perhaps some final argument ironing out the jury instructions beforehand.  We'll be live here at Legal Insurrection whatever time court starts up and the video feed is live. OK, let's get to the events of the day:

NOTE: LIVE COVERAGE: “Loud Music” Murder Trial, VERDICT WATCH

---------------- Welcome to day five of our live coverage of the "loud music" 1st degree murder trial of Michael Dunn in real time. Here are a couple live video feeds, with the smaller, upper-most feed proving the most reliable yesterday. Expectations are that this morning will see the last two defense witnesses. One of these is expected to be some kind of expert on stress reactions, but is a bit of a "surprise witness" from the perspective of the State. A hearing will be held at 8AM to discuss whether to allow this testimony, in the form of a Daubert hearing. The second witness, I expect, will be the defendant, Michael Dunn himself. At present there seems insufficient--meaning no--evidence of self-defense necessary for the defense to meet its burden of production on the issue of self-defense. If they fail to meet this burden the jury will not be instructed on self-defense and a conviction is certain. Our end-of-day wrap-up discussing these issues as well as yesterday afternoon's testimony can be found here: “Loud Music” Murder Trial Day 4: Entire Self Defense Narrative At Risk At the bottom of the post is a live Twitter feed with my live tweets and those of others reporting on the trial. We plan to do a brief mid-day summary when the court recesses for lunch, then our usual lengthier coverage/analysis after the court recesses that day's end.