Considering the evidence and inferences in the light most favorable to the State, the State presented sufficient evidence inconsistent with Dunn’s self-defense theory.* Thus, the trial court properly concluded that the State rebutted Dunn’s prima facie case of self-defense, and we affirm the denial of Dunn’s motion for judgment of acquittal.
June 7, 2016, at 9 AM, Eastern.
DOWNLOAD / READ BRIEFS
You can download and read the initial brief here- Michael Dunn Appeal.
You can view the entire docket here- http://126.96.36.199/pls/ds/ds_docket?p_caseyear=2014&p_casenumber=4924&psCourt=1&psSearchType=.
Dunn Appeal – When was it filed and what is Dunn appealing?
Michael Dunn filed a notice of appeal on October 23, 2014 of his September 30, 2014 jury conviction for the first degree murder of Jordan Davis AND of his February 15, 2014 guilty verdict of three counts of attempted murder and firing into an occupied vehicle.
Why is it taking so long?
His attorneys filed multiple motions for extension of time, but finally filed their brief on August 11, 2015. All briefs have now been competed and final oral argument is scheduled.
In reviewing the appeal, certain facts are out of context. When it gets to “Indictment and First Trial,” Dunn complained about the supporters and assembly which gathered outside of the courthouse. However, it is important to note that the loud speakers and general assembly of people that Dunn complains about occurred after the jurors were sequestered. However, both of these are fairly minor points when it comes to the requests for relief.
Dunn also complains about pre-trial publicity. However, the first lawyer to generate any publicity towards the case was Dunn’s first lawyer. She spoke to local and national media not just regularly, but with sensational and misrepresentative detail. As you will see in the attached 25 minute video, they took to the media often and publicized their client’s “stand your ground” defense at every opportunity- https://www.youtube.com/watch?v=wPcUkNjko4s. Any claims of bias related to publicity is insincere. Michael Dunn, by and through his agents, defamed Jordan Davis from day one. A civil case was settled in full not just for wrongful death, but defamation.
In addition, the principle issue of the appeal seems to be the Denial of Motions for Judgment of Acquittal. The appeal states, “It is unrebutted that Decedent Davis threatened Appellant’s life.” That is entirely untrue.
It also states, “The only accident reconstruction expert confirmed that Decedent Davis’s car door was partially open and that he was partially out of the vehicle when he was shot.” That is also entirely untrue. There was no witness other than a paid expert who said Jordan was out of the car. Even Dunn was equivocal and uncertain about all of his claims.
The Brief further claims, “No evidence showed that Appellant intended any harm to Victims Stornes, Thompson, or Brunson; rather, all of the evidence showed that Appellant’s gunshots were aimed at Decedent Davis.” Untrue. Dunn filed wildly at the car. He got out of his car to shoot at them. He was intending to kill everyone in that car. The jury certainly can come, and did come, to its own decision on this. He was guilty.
Like with any appeal, Dunn’s appeal is an attempt to pick apart of the facts. Not one, but two, juries convicted Michael Dunn. We see nothing in the appeal that shows any error by the Judge, the Jury, witnesses or public and we expect the verdicts will be upheld in full.
Read an update on Dunn’s pending appeal here (you are here)
Watch what Michael Dunn’s neighbor had to say about him (very negative)
Review over 400 photos of the physical evidence for yourself (may download slow)
We invite you to review our verdicts, our accolades and awards and what clients have to say about us and give us a call for a free consultation where our lawyers will consult with you personally. John represents clients in Florida, Georgia and Alabama and before the U.S. Supreme Court with passion and compassion. Our firm handles a wide variety of injury and death cases, criminal defense, family law and a host of high profile matters. We can be emailed at firstname.lastname@example.org or call us at (904) 444-4444 in Florida or (912) 444-4444 in Georgia.