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Posts from the ‘Learn.’ Category

17
Aug

Police Officer Saves Woman From Choking on Hotdog

This video really can not be properly described in words, it must be watched. Choking is no laughing matter. About 3,000 adults die from choking each year. In the video below, a woman who was choking while driving, was very lucky to have a police officer behind her, who ends up saving her life. Keep reading after the video for a little information on what to do if you see someone choking.


Read more »

12
Aug

North Korea: Do You Allow Your People To See This?

As some of you know, we are trying to get someone to check-in to our blog from every country.  Some say we will never get North Korea and it should just be skipped.  I say, nothing is impossible.

“But, but what about Dennis Rodman,” I say.  He got in and out and tweeted.  There is hope.  Well, I said that until I did the research.  So what are we up against? North Korea is that bad crazy homeless lady who just can’t be invited to a Ruth’s Chris, you can’t bring to the playground and is just too shameful to trifle with.  It’s the opposite of America.

The Internet?

According to the AP, North Koreans do not have the internet, but a restricted “Intranet” called Read more »

12
Aug

NASCAR’s Tony Stewart Hits and Kills 20-year-old in Dirt Track Race (with video and legal analysis)

INCIDENT: On August 9, 2014, there was a serious crash at Canandaigua, New York Motorsports Park, a dirt track. Tony Stewart struck fellow driver, 20-year-old Kevin Ward, Jr.  His website (kevinwardracing.com) indicates he is 17, but has not been updated in some time.

He was in his fifth season with the Empire Super Sprints circuit. Stewart is a very successful 43-year-old NASCAR driver and was supposed to participate in a race at Watkins Glen on ESPN the following day at noon.

Read more »

5
Mar

One more reason why beach driving should be banned.

Update below: A terrifying scene took place today when a pregnant mother with a van full of kids, driving on the beach in Daytona, Florida, managed to steer her minivan directly into the ocean. With the kids screaming for help from the backseat, onlookers managed to chase the car down and help rescue the family. The mother was incoherent at the scene. She is know being evaluated by mental health professionals in Daytona. Watch the video below.

UPDATE: The mother, identified as Ebony Wilkerson has been charged with the attempted murder of her children. Police say that the children in the van were yelling, “Mommy’s trying to kill us.” Read the full story here.

28
Feb

Casey Anthony Defamation Suit- Law Firm Stunt or Bona Fide Hunt?

Casey Anthony Defamation Suit- Law Firm Stunt or Bona Fide Hunt?

(from 2012)

UnknownCasey Anthony is one of the least popular people in the United States –if not the world- right now.  She was acquitted of the murder of her daughter, Caylee, and many took the decision personally.  Websites call for Casey’s sterilization, for her never to have any earnings and a host of other unfortunate (and mostly illegal) things.  A woman recently recklessly drove a look-a-like off of the road.  It’s hard NOT to root against her.   Even in her own defense, she was shown as a pathological liar and deviant, an atrocious mother and a selfish, heartless person.

I was interviewed repeatedly regarding the trial and have made no bones that I was surprised, and very disappointed, with the jury’s decision.  However, I am not sure if civil suits are going to make anything better here.  There is no “wrongful death” case here because the father is suspected to have predeceased his daughter and was not involved in her life, so there is no next of kin to fight for Caylee and her deviant mother has no assets.  There is zero true real loss potential for Casey in such a suit.  In fact, she has a STRONG chance at winning again.  She also has one of the largest and wealthiest advertising law firms in the country, Mordan & Morgan, pushing her name to nightly news regularly when most of us would rather not publicize her any further.

I wanted to take a look at the pending law suits and determine if they are worthwhile, legally, or are further giving another person 15 more minutes of fame because of the unfortunate, tragic death of Caylee Anthony.  I will address the search firm’s suit next, as it is a little different.

Zenaida Fernandez-Gonzalez v. Casey Anthony
Unknown
The suit with the most publicity was filed by a lady named Zenaida Gonzalez. It is located here- http://myclerk.myorangeclerk.com/CaseDetail.aspx?CaseID=1450829. Defamation has the following five elements: (1) publication; (2) falsity; (3) actor must act negligently on a matter concerning a private person; (4) actual damages; and (5) statement must be defamatory.  I get the lawsuit, but the whole slanderous episode lasted VERY briefly, was NOT believed by police, was not specific to the Plaintiff who filed suit based on released evidence and had very limited damages.  Frankly, it seems like Zenaida is just seeking to capitalize on her unfortunate coincidence of name.

Facts-

On July 15, 2008, Casey Anthony reported to the Orange County Sheriff’s Office that her daughter Caylee had been missing for more than a month.  She claimed she had dropped her daughter off with her babysitter, Zenaida Gonzalez, at her apartment on South Conway Road on June 9.  On July 16, they all went to the Sawgrass Apartments.  The manager at the Sawgrass Apartments said that apartment No. 210 had been vacant since February.  At no point had Zenaida Gonzalez resided at that complex. Casey had also claimed that Zenaida had been a seasonal employee at Universal with her, but the company could find no record that at all…. Read more »

1
Nov

Courts & Ghosts: Inspecting the Green Cove Springs Courthouse for the Paranormal

Courts & Ghosts: Inspecting the Green Cove Springs Courthouse for the Paranormal

John was invited to appear on an episode of “Local Haunts,” a northeast Florida show about investigating the paranormal.  The investigation took place in a very fitting place- the old Green Cove Springs Courthouse.  The crew described John as an “open minded skeptic.”  Did he see some things that truly opened his eyes about ghosts and things that go “boo” in the night?  Yes.

Watch (Part I):

Watch (Part II)(airing this weekend):

17
Oct

Michael Dunn’s Neighbor Talks About Michael Dunn

The State Attorneys Office released interviews with a former neighbor of Michael Dunn.  He had a lot to say about Jordan Davis’ killer.

PART I:

PART II:

5
Sep

The Legality of Betting on Fantasy Sports: What’s the Line?

As quickly as online poker sites are being shut down, or moved to some obscure island, daily fantasy sports gambling websites are popping up. While the government cracks down on online gambling and sports betting, ”daily” fantasy sports betting is beating the odds. Legally, the differentiation that makes one form of online gambling legal, and another illegal, is whether the game is a game of chance or a game of skill. Fantasy sports have been deemed a “game of skill” in most states, therefore legalizing making wagers on fantasy sports. Read more »

25
Aug

Jordan Davis’ Parents, John Phillips and T.C. Roberts go to Washington D.C. for MLK 50th Anniversary March

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While John, T.C. and the parents of Jordan Davis continue sharing Jordan’s message, I just wanted to update you on this weeks trip to D.C.

I personally was not on the trip, so when I speak with John I will get the full story behind all of these photos. For now I just wanted to share some pictures from the MLK rally with our readers.

I believe this is John introducing the Davis parents at Howard University.
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Here is John shaking hands with one of America’s great future leaders, 9-year-old Asean Johnson. Asean gave a very powerful and inspiring speech for a speaker of any age/

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John was very fortunate and humbeled to meet Martin Luther King Jr.’s son and namesake.

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John and T.C. in D.C.

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The incredible turnout:

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John with Ron Davis (on right) and friends:

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John with Unites States Attorney General Eric Holder:

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Lucy McBath, Jordan’s mother (white t-shirt in middle) and supporters:

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Additionally, John, Ron and Lucy, recently appeared on MSNBC, see more here.

I apologize for the brevity in the descriptions of these pictures. I will be sure to pass on any updates and pictures as I receive them. As always, thanks for reading and have a blessed Sunday!

15
Aug

ALS: You Better Believe We Must Do More

By John M. Phillips 

The Ice Bucket Challenge is all the rage (top 20).  The “challenge” is simple: Once challenged, donate $100 or douse yourself with iced water, record it and pass the challenge on to others via social media.  It all started with Pete Frates, a former baseball player at Boston College who has been living with ALS since 2012. He floated the idea and his former teammates, as well as other Boston-area athletes, who took him up on it. It was noticed and covered by local media and that attention, along with the social Web’s viral nature, launched it onto a much larger stage. The Law Offices of John M. Phillips were challenged by WJXT Jacksonville’s Nikki Kimbleton, and the Law Offices of John M. Phillips responded. See videos of both challenges below. Read more »

14
Aug

Ashton Kutcher Gives Great Acceptance Speech at Teen Choice Awards

I have never been a huge fan of Ashton Kutcher. However, the television and movie star delivered a fantastic message in his Teen Choice Award acceptance speech. Kutcher could have just accepted his award, said thank you, and sat down. But Kutcher used the platform to deliver a positive message to teens (and everyone else) across the country.  

9
Jul

I Think Florida Just Banned Your Phone.

This past march, a ring of internet cafes operated by Allied Veterans fo the World  was shut down after a federal investigation found that the “sweepstakes” cafes were illegally (racketeering and money laundering) bringing in over $300 million. Action News Jax reported, “Investigators claimed Allied Veterans raked in hundreds of millions of dollars from a fraud ring that used Internet Cafes as a front throughout Florida.” In the end 57 people were arrested.

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In response to the illegal gambling ring bust, Florida Governor Rick Scott signed off on a bill to ban all internet cafes in Florida that offer games of chance. But it appears that Governor Rick Scott treated the bill like the “agree to terms and conditions” button you click when you buy something on itunes. You just kind of want your song and you just start clicking, “agree” without reading any of the actual terms, conditions or writing. Well Governor Scott must have just started signing everything because he just kind of wanted to ban internet cafes. Why do I think this? Because the the bill banning most internet cafes defines illegal slot machines as any “system or network of devices” that may be used in a game of chance.* Your computer and smart phone most likely have internet access. That would classify them as devices on a system or network. Additionally, your computer and phone probably have games like solitaire, Candy Crush, or Bejewelled which would probably all be considered games of chance (I would consider Angry Birds a game of skill, games of skill are legal in Florida*). In effect your phone and computer are both devices on a system or network of devices that may be used in a game of chance.

*So what is a game of chance? As explained in our previous post, The legality of Online Gambling on Fantasy Sports: What’s the Line?, “A game of skill requires the player to have one or more of the following: A knowledge of the game strong enough to give the player an edge, a highly developed strategy or tactic, superior physichal abilities and the ability to use one’s knowledge effectively and readily in execution or performance. Games of chance on the other hand require much more luck than skill”

9
Jul

George Zimmerman – The Case for Manslaughter (Because It’s About My Child, Too)

atticusGeorge Zimmerman – The Case for Manslaughter

(Because It’s About My Child, Too)

by John M. Phillips

I keep asking myself- have we opened Pandora’s Box so wide that what George Zimmerman did is ACTUALLY legal and reasonable and entirely free from punishment? Early on, I thought it might be.  Before I saw a deceased Jordan Davis and consoled his tearful parents, before Newtown, before spending months really looking at this country, I thought George Zimmerman was just “looking out for his own neighborhood” and might have had to shoot to protect his own life.  And then I looked at life around me.  And then I looked at all of the unreasonable and avoidable actions and inactions that caused him to take Trayvon’s life.

I start with a little about me and my family and what I learned about fear and prejudice in America.  We were burglarized last August.  Seeing my crying wife hold my crying child while police invaded our invaded house, made me wonder- do we all need to arm up to prevent the bad from taking over.  With this thought and $50, I wound up with about 100 others in a Concealed Weapon Permit class, driven there by fear.  This only made my fear worse.  That was the its design- profit off of fear.  Fear sells guns and breeds contempt and power.

The class was put on by a gun store with a cheesy name and the two men who ran the class were like circus barkers:

FoCWPBadger just $162 and 4 hours, you, too, can be master of the universe.  We even sell a book written by the top gun lawyer in the country, which you must buy.  It tells you how to ‘get away’ with self defense.  Live in the grey area of the gun laws.  It tells you more than just, ‘don’t shoot them in the back,’ but what Stand Your Ground really means and how it protects your rights as an American citizen.

The two gun store employees proceeded to tell us more about boycotting certain specific businesses who did not allow guns on the premises than the laws we needed to know.  Over the four hour presentation, they each pulled out six or seven guns from their various hiding spots, taking a few moments to give the sales pitch on each. I was so entranced, I actually bought one of the guns they pitched- the Bodyguard. They did well that day.  They sold- America.

And, as I went alone, I remember just listening to the conversations around me.  It was a few weeks before the 2012 Presidential election and most were there in fear of the re-election of “the black President.”  Others had bought the NRA’s propaganda that the FBI was coming door-to-door to take guns or that permits would be more tightly regulated.  Some spoke against the “thug” in Sanford who had been shot and speculated on who he was “staking out.” The rise in crime, the fear of minority power and other conspiracy theories drove quite a few people there to join the 1 million Concealed Weapon Permit holders in the State of Florida.  Some had been victims.  Some just wanted to feel less fear. All craved the lustful taste of power over fear a gun was promised to provide.

I left, hanging my head in shame.  Who had I become?  Had I let fear overcome me? Having grown up in the great State of Alabama, I knew racists.  But they were only racists when they were around those they trusted.  Now, racism is openly justified by crime reports, broken politics and black teenagers in the wrong place at the wrong time. Holy shit.

And then, weeks later, the God above put me on the couch of Ron Davis. His son, Jordan Davis was just shot and killed by a man with a gun in his glove box.  Michael Dunn’s infamous last words were, “you aren’t going to talk to me like that.”  People say it was about loud music, but it was about where we are as a society.  It was about hate and intolerance, not race as I said in one of the first national interviews I did on the matter. I sat there with tears pouring down my and my associate’s faces- a broken man.  Ron and Lucia had media trucks following them trying to scoop one another.  All three local stations knocked on the door while I was there.  Days earlier, he was a happy father hearing his son lead the Thanksgiving prayer for the first time, and now he was a broken man because of another broken man- Michael Dunn and his legal gun and the empowerment and control it brought him.  He claims self defense and Stand Your Ground, as well.

We will deal with that matter in due course, but it changed me.  It changed the way I view life and tolerance, love and passion.  I grew very angry with lawyers, victims advocates and others who were using these victims or were in it for the profit.  I grew impatient with the close minded.  I walked as close as I could in the shoes of someone who had lost a child to gun violence.  I wound up wanting to find solutions more and more.  I felt (and feel) I can stop a few bullets. Trayvon can stop more.  Jordan can stop more.  The butterfly effect of all of our efforts can stop even more.  Or maybe heal some hearts.  Or something.  We have to, because the next bullet could be flying towards any of us.  And instead of Michael Dunn’s death sentence of “you aren’t going to talk to me like that,” George Zimmerman’s was basically, “you aren’t going to walk in my neighborhood like that.”  What sentence will do you in.

My dad always said, “don’t start no shit, and there won’t be none (sic).”  Let’s look at that-

So, why do we need George Zimmerman to be convicted and why, as a lawyer, do I feel he should be convicted?

On February 26, 2012, Zimmerman did one right thing- he called police. That was the LAST thing he did correct, reasonably and with any intelligence.  If he stopped there, Trayvon Martin would be alive and George Zimmerman would be free of the justice system.  But he compounded neglect of omission and commission thereafter- manslaughter. Read more »

7
Jul

George Zimmerman’s Ex-Fiance’s Full Statement to Police

George Zimmerman’s Ex-Fiance’s Full Statement to Police

Biased? Truthful?

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8
Apr

State of Florida Releases Evidence in Michael Dunn (Jordan Davis) Case… Again.

The State of Florida released additional evidence today, the fourth (or so) such release it has made. We do not understand the release of information in this fashion or why some of it is even up for public consumption, but here has what has been released thus far.

As we have said from the beginning, these boys were defiled and defamed and they do not need to keep reliving it every week with another release of information. For those of you trying to keep up, here it is in one place- all linked directly from WJXT, First Coast News and Action News.

Read more »