bamakertracer
Junior Member
This forum is a joke. Not one respondent here has presented any legal basis for your statements. None.Yes. I am from Michigan. But there is no wall that has prevented me from entering other states, including those in the South, and there is nothing that has prevented me from learning the laws of other states.
Because you seem quite clueless when it comes to the law, I recommend you (or whoever is involved in the civil action) seek out legal assistance in your area. Let the attorney speak for you because if you open your mouth, I fear your case is doomed.
You obviously do not know the south. I have seen horrendous assault cases dismissed because the victim "provoked" the incident with nothing more than insulting words or gestures; where, that has zero legal basis anywhere in the law.
I have seen similar civil suits deem provocative words as contributory negligence, thereby freeing the defendant of any liability. Southern juries see things differently. It just is the way it is. So it is common to try to prevent exposure to such points of prejudice.
In fact, the point of presenting it here, is that the motion denial seems to be prejudice by the judge, allowing irrelevant evidence and testimony to be presented that has nothing to do with the battery that occurred.
Your entire logic implies that the events that led up to the battery, excuse the act of stomping on the head of an unconscious helpless person.
It seems you have the same bias as the judge and jury you say I am being insulting toward. You simply don't like the notion that the guy who started the confrontation will get paid. You bias is clear. You think Marty got what he deserved.
Once and for all, explain, with legal basis and citation, why the battery of stomping on an unconscious mans head, would be relevant at all. Joe had the ability and choice not to harm Marty, and yet he chose to do so. That result could occur, no matter how it started.
So if you have any credibility at all, present a proper response and argument.
Thereby making the basis for the motion all the more valid.