Mb civil suit rulings 11/15/2022

If I had to guess it would be the desire to keep him away from his farm and world in a manner which is punitive in nature.

Just like some look to his being at his psychiatric facility now as a certain type of Incarceration though it’s not. They do not want him free.

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I don’t know why this is a point of obsession. MB either is or isn’t a legal resident in the state of Florida. It’s really not for us to determine based off what we know or what we think we know. He either is, or isn’t.

Idk, this isn’t even all that exciting or noteworthy.

I mean, interesting for educational purposes re someone maintain residency while being incarcerated, or otherwise held by another state.

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What? No. I never said that he is incarcerated.

The implication of Incarceration is there where one opines about MBs movements being restricted. No one is saying you said he’s Incarcerated. We’re saying that you’re assigning restrictions upon release AS IF he’s incarcerated and therefore going on parole.

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I remember that one too.

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yeah that would make sense.

Just wanted to clarify that I was genuinely curious if it made a difference to things there.

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I think it would be different if MB required a type of care the state of FL could not provide if he does require outpatient treatment but that certainly isn’t the case.

MB is NOT on probation or parole but I remember my mother talking about interstate transfer cases regarding her probationers/paroles. Even in the criminal system (which is NOT part of), cases are transferred to different states all the time.

It seems the wishful thinking that MB has to stay in NJ is to be punitive towards him.

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Absolutely punitive.

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Schellhorn “had decent forensic testing evidence clearly showing” the actus reus.

The mens rea depended on the expert psychiatric testimony, not on the forensic evidence at the scene.

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Thorough enough, wouldn’t it have been better if it had been thorough?

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It still failed in regards to RG affiliated charges. They were straight up based on lack of forensics. Jury nullification certainly there too.

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I really hope that the actual forensics testing that was done (IE., the projection of the bullet originating somewhere near the front of the truck) gets discussed in the civil trial. That fact has never sat well with me.

Also, I think a huge bearing on how the police handled this situation is the fact that they testified to having never been called to a shooting before. Tiny, quiet town, podunk police handling.

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As she didn’t object to that change when MB filed his motion to amend, LK might have trouble contesting that going forward.
It will mostly matter in the damages phase, if/when that comes up.

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Florida has a homestead law such that your residence cannot be seized to satisfy a $5,000,000 million judgement awarded in a civil suit to the woman you shot.

Therefore his farm in Florida would be protected from being sold to satisfy a judgement if he is a Florida resident, but not if he is a NJ resident.

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Remember, for the civil suit there is no presumption that MB shot anyone.

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MB has residing in FL for years, even prior to 2019.

He pays FL property taxes and as stated by Maria upthread, has had his vehicles registered in FL, etc.

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Why would she have trouble contesting it? What difference does it make whether he stipulated Florida as his residence in the original filing as opposed to his amended filing?

I can understand that being a huge factor in the immediate aftermath.

But I would still think that based on the accounts that they ended up with something like 40 or 50 law-enforcement types on the scene, it seemed as if at least one of them could have thought of, you know, checking fingerprints. Or gunshot residue. Or something.

Or grabbing the surveillance camera containing the video that was mentioned by RG!

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So was Michael a resident of Florida before he was incarcerated, or was he a resident of NJ, but since the NJ residence is no longer his, his residency switches to Florida without him having to meet the required number of days living in Florida?

78-D chess! :chess_pawn:

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