frustration is far and away from ill will, hatred, spite necessary for second degree. frustration is one thing, the necessary element for second degree murder, that ill will, spite and hatred which you know from listening to the judgment of the acquittal arguments, has specific connotation to it, and has to have specific fact. somebody picking up somebody in a more pit over the head and throwing them on the ground that s not ill will and hatred, someone saying to someone, f-ing punks, may be frustration, may be some street talk, but is nowhere near second degree murder, and with the case being done, they haven t shown how they re going to tie that together. it was not the way john guy or bernie say those expletives, the way the enunciation and emphasis they put on it, it has to be in the context of the way my client said it, and as every witness who has testified about the way
he was frustrated, that frustration is far and away from ill will, hatred, spite necessary for second degree. frustration is one thing, the necessary element for second degree murder, that ill will, spite and hatred which you know from listening to the judgment of the acquittal arguments, has specific connotation to it, and has to have specific fact. somebody picking up somebody in a more pit over the head and throwing them on the ground that s not ill will and hatred, someone saying to someone, f-ing punks, may be frustration, may be some street talk, but is nowhere near second degree murder, and with the case being done, they haven t shown how they re going to tie that together. it was not the way john guy or bernie say those expletives, the way the enunciation and emphasis they put on it, it has to be in the context of the way my client said it, and as every witness who has testified about the way my client said it, there s no spite, anger, ill will, hatred, anything more than frust
frustration is far and away from ill will, hatred, spite necessary for second degree. frustration is one thing, the necessary element for second degree murder, that ill will, spite and hatred which you know from listening to the judgment of the acquittal arguments, has specific connotation to it, and has to have specific fact. somebody picking up somebody in a more pit over the head and throwing them on the ground that s not ill will and hatred, someone saying to someone, f-ing punks, may be frustration, may be some street talk, but is nowhere near second degree murder, and with the case being done, they haven t shown how they re going to tie that together. it was not the way john guy or bernie say those expletives, the way the enunciation and emphasis they put on it, it has to be in the context of the way my client said it, and as every witness who has testified about the way
remember, as an aside, there are not a lot of cases about judgments of acquittal in self-defense cases after 2006. the reason why is, of course, we now have self-defense immunity hearings as an alternative to judgment of acquittal arguments in a trial. we did not avail ourselves of that pretrial determination of immunity. so many other people in most of the other case law have so you ll see a significant number of drop offs in joa appellate case law after 2006 on a self-defense issue because, as you would imagine, most of them exist pretrial. they re addressed pretrial. we had made the voluntary decision not to do that. but jenkins, what jenkins is good for, your honor, is that first of all, the facts are
acquittal and self-defense cases after 2006. the reason why is, of course, we now have self-defense immunity hearings as an alternative to judgment of acquittal arguments in a trial. we did not avail ourselves of that pretrial determination of immunity. so many other people in most of the other caseload, case law, have. so you ll see a significant dropoff in the number of joa arguments or joa call it case law after 2006 on a self-defense issue. because, as you would imagine, most of them exist pretrial, they re addressed pretrial. we have made the voluntary decision not to do that. but jenkins, what jenkins is good for, your honor, is that first of all the facts are are close. jenkins was in his house. a guy was outside making a lot of noise.