INSEARCHTION PT. II
PASIV Aggressor's Masterpost Pt. II
15. Hunt within a hunt. Wanted posters for our team 1 & 2.
16. PEOPLE VS. COBB (2012)
File 2/28/12
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION EIGHT
THE PEOPLE, } I528491
Plaintiff and Respondent, } (Los Angeles County
} Super. Ct. No. NO071610
v. }
}
DOMINICK COBB, }
Defendant and Appellant, }
APPEAL from a judgment of the Superior Court of Los Angeles County. Christopher Nolan, Judge. Reversed and vacated.
L. DiCaprio, under appointment by the Court of Appeal, for Defendant and Appellant.
Emma Thomas., Attorney General, Thomas Tull, Chief Assistant Attorney General, Jordan Goldberg, Assistant Attorney General, Wally Pfister and Lee Smith, for Plaintiff and Respondent.
__________________________
Dominick Cobb appeals from the trial court’s judgment following his conviction for second degree murder of his wife. We reverse and vacate.
FACTS AND PROCEEDINGS
On the night of September 21, 2008, Dominick Cobb was at the Green Hotel with his wife, Mallorie Cobb, to celebrate their anniversary. Over the course of the night, their hotel room was thrown into disarray and Mallorie fell to her death. As suspicion turned toward appellant and foul play, he fled overseas. Two years later, American authorities arrested appellant and returned him to the Unites States for trial. A jury convicted him of second degree murder. This appeal followed. [1]
DISCUSSION
A. The Physical Evidence
Security camera footage of hotel corridor shows Mrs. Mallorie Cobb leaving room 827A, taking the elevator down to the ground floor, and entering the B wing, where she took its elevator to the eighth floor and went into room 827B, directly across from 827A, and never entered the corridor again. Another camera on the street actually shows Mallorie sitting in the window of 827B, though unfortunately does not catch the critical last few moments of her life. The appellant, however, is not visible behind her.
The condition of the room indicated a struggle though only Mallorie’s fingerprints were found on the items. Dr. Nina Sengupta testified there were no discernible marks on the upper body, such as bruises on the arms where she might have been grabbed and dragged to the window. Toxicology came back negative for alcohol or sedatives, so she was unlikely to be incapacitated and should have been able to defend herself from her husband, despite their difference in size. Furthermore, the condition of the body indicated a feet-first impact, with aortic lacerations and ring fractures of the skull base consistent with vertical deceleration trauma. [2] The orientation of the body to the southwest suggested a fall from the B wing. In Dr. Sengupta’s opinion, the greatest probability was that Mallorie Cobb jumped feet-first from the B wing of the Green Hotel.
B. The Psychiatric Evidence
Dr. Joshua Thomas, one of Mallorie’s psychiatrists, testified that a psychiatric evaluation ascertains: 1) if one is contained by touch near actuality; if one’s perceptions of one’s environment are relatively accurate; 2) if one shows signs of impairment within one’s day-by-day vivacity; 3) if one can keep up tough interpersonal relationships - can one preserve a livelihood; does one enjoy interactions with one’s own flesh and blood or friends; does one think through boundaries. [3] She also underwent the Minnesota Multiphasic Personality Inventory (MMPI-2). Dr. Thomas was unaware the decedent had consulted two other psychiatrists for a psychiatric evaluation and of the letter filed with her attorney stating her fear for her safety. He maintains this likely would have affected his evaluation at the time, as it indicates some mental distress at the least that was not presented during his meeting with her, or even paranoia if determined to be unfounded. His declaration of sanity is therefore brought into question, along with Mallorie’s two others and deemed suspicious of mental illness, supporting the appellant’s claims that his wife was not acting normally nor rationally.
C. The Case Law
Even with Mallorie’s three declarations of sanity by credible psychiatrists, Searle v. All State Life Ins. Co. (1979) [4] determined that one must be sane to commit suicide, by the very definition:
The plain meaning of the word suicide is to intentionally take one's life. If a person is insane and thus is incapable of forming the intent to commit suicide, how can that person commit suicide? One cannot unintentionally do an intentional act.
Though the California statues do not include suicide by deception as a form of murder, the 2005 Connecticut Code Sec. 53a.-54a. [5] do. However, it makes the exception for emotional distress.
(a) A person is guilty of murder when, with intent to cause the death of another person, he causes the death of such person or of a third person or causes a suicide by force, duress or deception; except that in any prosecution under this subsection, it shall be an affirmative defense that the defendant committed the proscribed act or acts under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant's situation under the circumstances as the defendant believed them to be, provided nothing contained in this subsection shall constitute a defense to a prosecution for, or preclude a conviction of, manslaughter in the first degree or any other crime.
(b) Evidence that the defendant suffered from a mental disease, mental defect or other mental abnormality is admissible, in a prosecution under subsection (a) of this section, on the question of whether the defendant acted with intent to cause the death of another person.
If we examine the testimony of the appellant, that he convinced his wife she was no longer living in reality, and the testimony of his own psychiatrist that he believed this to be true at the time as well, a clear issue of mental duress and subsequent unintentional deception can be seen.
Taking into consideration the preceding evidence, we determine that the defense demonstrated reasonable doubt and sufficient legal precedence that we cannot uphold the second degree murder verdict.
DISPOSITION
The judgment is reversed and vacated.
SAITO, T.
WE CONCUR:
FORGER, E.
POINTMAN, A.
[1] Here ends anything resembling a real appeal decision. We know this is not how appeals work, but we don’t actually know how they do work, so lawyers please forgive us.
[2] Forensic Pathology Reviews, Vol. 5.
[3] From here.
[4] 96 Cal. App. 3d 614 [158 Cal.Rptr. 5]
[5] Chapter 952 Penal Code: Offenses.
17. CROSSDRESSING META
Too much dreaming, daaarrling by MARiKaArt
Recs
Pretty Panties are Perfect for Peckers by Anon
(Eames in Arthur-bought lace panties)
The Things You Learn When You Cohabitate
(Arthur in a corset; fic by cthonical, art by platina)
Verisimilitude by ineptshieldmaid
(A/A/E; Eames in panties)
Crossdressing is a kink that Inception lends itself to quite easily. To begin with, there's a general comfort with different forms of gender expression and queerness throughout the movie-for exmaple, Eames shifts into a female form and no one blinks an eye, even when she then flirts with Fischer and Saito.
Then there’s the bickering and banter between Arthur and Eames, which has been read by many viewers (in and out of fandom) as having homoerotic undertones1, which fandom used to launch a massive ship. In addition, in the world created by Inception, the mind may be the scene of the crime, but it's also the setting for limitless possibility. Characters are able to do things that they couldn't do in the waking world-fight in zero gravity, bend the laws of physics, create paradoxical architecture, and, of course, change their physical forms. The fluidity of this world makes for an attitude of openness towards any and/or all whims of one’s imagination.
Not to mention that, as discussed in other meta, because we are provided with so very little actual canon information about the characters and because they dabble in a rare, complex field that plays on and with the subconscious, lurking curiosities or repressed desires are undoubtedly going to make an appearance.
And finally, the characters literally traverse each others' subconscious minds, which all end up projecting bits of themselves into the worlds they build.
One way to break down crossdressing in fic is to look at it as a matter of audience. There's visible crossdressing, which means that the character in question is dressed in outer-garments that society associates with the opposite sex. In this case, whether or not the character is attempting to pass as the opposite gender, they are making a public statement about gender and gender identity (although, if they successfully pass, that statement may only be known to those who are aware of the person's sex).
The flip side of that is a more hidden kind of crossdressing, by which it is meant that the character is wearing undergarments or other articles of clothing associated with the opposite sex underneath other clothing that matches their physical sex. In this case, the audience is controlled by the crossdressing character, who may choose at any time to reveal the fact that they are crossdressing to another character or characters, or who may simply enjoy the act of “getting away with it” by crossdressing with no one any wiser.
Regardless of the wider audience, for many the kink in crossdressing comes from the contrast between expectation and reality, or between what is considered taboo versus socially acceptable. Writers often make particular mention of the way a penis can strain against or be contained by women's underwear, and describing the thrill a character experiences when finding out their partner is wearing undergarments traditionally associated with the opposite sex is relatively popular. This exciting contrast serves to highlight the subversiveness of the kink, and can involve genderfuck as well.
1http://www.advocate.com/Arts_and_Entertainment/Film/Not_Your_Average_Joe/; http://www.queerty.com/tom-hardy-hot-straight-actor-who-had-some-young-fun-with-other-dudes-20100728/
18. A SONNET FOR NASH
Sonnet 155
You see me as this slimy loathsome toad,
with ears like wings spread to take off in flight
and cannot seem to carry his fair load,
weakest in the shadow of Arthur’s might.
But I am the creator of your dreams,
I make your precious fantasies feel real.
Why do I not have internet-based memes?
How did I get such a stinking raw deal?
I get torn limb from limb and still stand strong,
but I won’t risk my neck for your asses --
that dying in real life shit is bare long.
Remember me well, slash fandom masses.
For how was I supposed to realize
that polyester would catch his sharp eyes?
19. Someone hacked Ariadne's phone.
20. INCEPTION AS A BAND
A Song for Mal
Band members:
Dominic Cobb - Vocals
Arthur - Lead Guitar/Producer
Eames - Bass Guitar
Yusuf - Rhythm Guitar
Ariadne - Drums
Saito - Executive Producer
Robert Fischer - Management
Mallorie Cobb - Muse
You found me on a day when I felt all alone,
so lost and afraid and so far from home.
You showed me a life much bigger than my own,
and from that moment on I knew I belonged.
You gave me the things I didn’t know I would need,
you showed me the things I never thought I would see.
You made me the man I never thought I would be,
you gave me all of you and you gave me family.
I once had a dream that life was better than this.
I once had a dream that began with a kiss.
In your eyes I could see all the future would hold,
how our story together would slowly unfold.
I dreamt of our life full of hope and of grace,
and the only thing missing in my dream was your face.
Together we soared higher than the clouds;
we broke all the rules, you and I had no bounds.
We discovered truths that no one else had found,
flying so high, never touching the ground.
We built a new world that was just all our own,
but then you got lost , leaving me all alone.
I once had a dream that life was better than this.
I once had a dream that began with a kiss.
In your eyes I could see all the future would hold,
how our story together would slowly unfold.
I dreamt of our life full of hope and of grace,
and the only thing missing in my dream was your face.
Now you are gone and I cling to the past,
to so many moments that I always thought would last.
I can’t let you go, as my memories fade fast.
I am forever under the shade that your long shadow casts.
In losing you I have lost a part of myself
that can never be filled by fame or by wealth.
But I must move on now, for my own health,
leaving you and I behind, with love, on the shelf.
I once had a dream that life was better than this.
I once had a dream that began with a kiss.
In your eyes I could see all the future would hold,
how our story together would slowly unfold.
I dreamt of our life full of hope and of grace,
and the only thing missing in my dream was your face.
21. TEN TEXTS FROM LAST NIGHT
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
22. FIVE POSTSECRETS
1. Mal
2. Eames
3. Yusuf
4. Ariadne
5. Arthur
23. TEN RECS FOR "SUPERHERO"
1. The Adventures of Yusuf, Best Superhero Ever by jibrailis
2. Sailor Moon Manips [Art] by rutarut
3. be my hero, baby by vega_writes; "I am not going to be the Boy Wonder," Arthur says, "to your goddamn Batman."
4. Something Like a Superhero by acidpop25; In which Ariadne can move things with her mind, Mal is still alive, and both of these things are a problem.
5. I'll Keep You By My Side [Art] by brevanna03
6. Preference by kiyala; Teenage/High school!AU in which Arthur and Eames are DC fanboys and Eames uses superhero preferences to come out to Arthur.
7. A Cage Went in Search of a Bird by gollumgollum; Eames and Arthur are superheroes. Arthur is also a librarian.
8. Hero Today [Art] by loobeeinthesky
9. Of Ground, or Air, or Ought by tigriswolf; Superhero AU.
10. Sustenance by the_ragnarok; Nobody in their business comes by their skills for free. There is always someone to train you, to remake you in the image of your chosen profession. Their world is a place of ownerships. The best you could hope for was a long, comfortable leash.
24. THE TEAM'S REACTIONS TO WIKILEAKS, IN .GIFS
ARTHUR
http://media.tumblr.com/tumblr_lyuc4gSCih1qae7ag.gif http://dl.dropbox.com/u/30754301/tumblr_lzm9ieUFAO1r76pys.gif http://media.tumblr.com/tumblr_lyr02f5CT61qa0wzz.gif
EAMES
http://dl.dropbox.com/u/30754301/Fuck%20Warrior%20Tom.gif http://i.imgur.com/LvK7R.gif http://dl.dropbox.com/u/30754301/Contemplating%20Tom.gif http://oi42.tinypic.com/szipf8.jpg
DOM
http://dl.dropbox.com/u/30754301/Kinda%20Shocked%20Leo.gif http://media.tumblr.com/tumblr_lya8jszT5c1qd9g4e.gif http://media.tumblr.com/tumblr_lycigoGRkn1qdfiww.gif http://30.media.tumblr.com/tumblr_lysbwfpDmo1qmlsa5o1_500.gif
YUSUF
http://dl.dropbox.com/u/30754301/tumblr_lhs8k9XZMO1qaeqj9o1_500.gif http://media.tumblr.com/tumblr_lu3ww7dTY51qhktag.gif http://27.media.tumblr.com/tumblr_lya11wG2Vk1qm6oc3o1_500.gif
ARIADNE
http://dl.dropbox.com/u/30754301/Shocked%20Ellen.gif http://28.media.tumblr.com/tumblr_ly46b9WDYU1r8kz44o1_500.gif http://media.tumblr.com/tumblr_lylll2tAPu1qcwy11.gif
SAITO
http://media.tumblr.com/tumblr_lqmlcvUvL01qz5pgw.gif http://dl.dropbox.com/u/30754301/tumblr_lxf9kzr9pj1qh0ej5o1_r1_400.gif
ROBERT
http://26.media.tumblr.com/tumblr_lhludnGTlx1qb1mbuo1_500.gif
25. FIVE LJ ICONS FOR THE TEAM
