Posts by Andrew Branca  (Page 4)
 

Freddie Gray Analysis: Edward Nero Trial Day 3

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Posted by    Tuesday, May 17, 2016 at 12:15pm 5/17/2016 at 12:15pm

First, my apologies for not getting this post up last night–I’m in the process of riding the motorcycle to the NRA Annual Meeting in Louisville, and various delays just pushed last night’s arrival to too late an hour.

Yesterday the State presented the remainder of its case against Officer Edward Nero, and...

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Freddie Gray Analysis: Officer Edward Nero Trial, Days 1 & 2

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Posted by    Friday, May 13, 2016 at 5:30pm 5/13/2016 at 5:30pm

Yesterday saw the start of the latest trial related to the arrest and transport of Freddie Gray on April 12, 2015.  Gray would die a week after his arrest, and his death was promptly used as a justification for days of violent rioting, looting, and arson in Baltimore.

This time the defendant is Baltimore Police...

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Just Published “The Law of Self Defense, 3rd Ed.” #1 at Amazon

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Posted by    Tuesday, May 10, 2016 at 6:05pm 5/10/2016 at 6:05pm

I know many of you have been wondering where the heck I’ve run off to from the pages of Legal Insurrection, so I want to immediately dispel the most common rumor:  No, Professor Jacobson and I have not broken up. 🙂

More seriously, the reason for my absence has...

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Freddie Gray: Officer Nero trial starts May 11 on novel prosecution legal theory

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Posted by    Sunday, May 8, 2016 at 2:35pm 5/8/2016 at 2:35pm

The second of the Freddie Gray trials is scheduled to being this Wednesday, May 11, this time of Police Officer Edward Nero, one of the three officers involved in Freddie Gray’s initial stop and arrest.  Nero was charged with second-degree assault, two counts of misconduct in office, and reckless endangerment.

Nero is...

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Yet Another Worthless Study on Police Shootings

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Posted by    Friday, April 8, 2016 at 2:45pm 4/8/2016 at 2:45pm

The Washington Post reports on a new study that suggests racial bias motivates police to fatally shoot black suspects at a disproportionally high rate.  That study, entitled “Fatal Shootings By US Police Officers in 2015: A Bird’s Eye View,” is published in the once well-respected scientific journal Nature.

The first alarm bells went...

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Freddie Gray: Prosecution to Compel Another Officer to Testify

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Posted by    Monday, April 4, 2016 at 1:00pm 4/4/2016 at 1:00pm

Having succeeded in getting court permission to compel Officer Edward Porter to testify, under limited immunity, against other officers in the “Freddie Gray” trials, Baltimore prosecutors have now filed a motion to similarly compel Officer Garrett Miller [Featured Image, left] to testify in next month’s trial of Officer Edward Nero [Featured...

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Freddie Gray: Officer Edward Nero Trial Set for May 10

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Posted by    Wednesday, March 16, 2016 at 3:00pm 3/16/2016 at 3:00pm

The Maryland court system has re-scheduled the trials of the six officers charged in the death of Freddie Gray, reports ABC News.

These trials had been delayed while the state’s hig...

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Freddie Gray: MD’s Highest Court Says Officer Porter Must Testify

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Posted by    Tuesday, March 8, 2016 at 3:50pm 3/8/2016 at 3:50pm

In a single-page per curiam decision, the Maryland Court of Appeals (the state’s highest court) ruled today that Baltimore Police Officer William Porter can be compelled to testify in the trials of Caesar Goodson and Alicia White, the two officers who like Porter were most closely involved in Gray’s transportation, according...

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Justice Thomas Asks Questions at Oral Argument for 1st Time in 10 Years

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Posted by    Monday, February 29, 2016 at 5:30pm 2/29/2016 at 5:30pm

(UPDATED: This post has been updated with the transcript of the oral arguments, at the bottom of this post. h/t Shall Not Be Questioned blog.)

In a turn of events sure to shock those who follow the US Supreme Court, Justice Clarence Thomas has broken with his 10-year-long record of declining to...

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Florida Senate Eases Threshold for Self-Defense Immunity

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Posted by    Saturday, February 27, 2016 at 10:30am 2/27/2016 at 10:30am

Yesterday, on the 4th anniversary of the self-defense shooting of Trayvon Martin, we wrote about Florida’s just enacted changes to its “10-20-Life” mandatory minimum sentencing law in the context of aggravated assault and self-defense.

There is also another substantive change to the state’s self-defense law that is advancing through the Florida legislature:...

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Florida Removes Aggravated Assault from “10-20-Life”

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Posted by    Friday, February 26, 2016 at 11:30am 2/26/2016 at 11:30am

Today marks the fourth anniversary of the fateful day on which Trayvon Martin made the imprudent and quickly fatal decision to viciously beat (as testified to by eye witnesses) an armed George Zimmerman.

Presumably coincidentally timed with anniversary, Florida has made or is making a couple of substantive changes in its laws covering some...

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Lies About Zimmerman Trial Just Keep Coming

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Posted by    Friday, February 26, 2016 at 8:30am 2/26/2016 at 8:30am

Today the South Florida Times posted on their web site a piece entitled “FILM USES VIRTUAL REALITY TO REENACT TRAYVON’S MURDER.”

In that piece they describe a piece of fabricated (“virtual reality”) cinema that purports to tell the “true story” about the interaction between George Zimmerman and Trayvon Martin that resulted in...

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Freddie Gray Trial: Baltimore to Add Cameras Inside Police Vans

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Posted by    Tuesday, February 23, 2016 at 10:00am 2/23/2016 at 10:00am

The Baltimore Sun reports today that city officials will finalize approval of a contract this week to install video cameras inside the Police Department’s 23 transport vans, at a cost of $187,000.

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Freddie Gray: MD High Court Delays All Officer Trials

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Posted by    Friday, February 19, 2016 at 8:30am 2/19/2016 at 8:30am

Maryland’s Court of Appeals (the state’s highest-level “supreme court”) ruled yesterday that the trials of the Baltimore police officers charged in the Freddie Gray incident will be postponed while they decide whether one of those officers, William Porter, can be compelled to testify against the others.

We covered the leg...

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Freddie Gray Defense: Legally irrelevant whether Freddie’s knife was illegal

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Posted by    Friday, February 5, 2016 at 5:30pm 2/5/2016 at 5:30pm

This week saw a flurry of motions from both the State prosecutors and defense counsel in preparation for the upcoming “Freddie Gray” trial of Baltimore Police Office Edward Nero, scheduled to begin February 22.  These were primarily in limine motions, which are motions asking the court to exclude particular evidence from...

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Big #2A Win – 4th Circuit Applies Strict Scrutiny to Maryland Gun Control Law

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Posted by    Thursday, February 4, 2016 at 2:30pm 2/4/2016 at 2:30pm

In 2013, Maryland enacted its Firearms Safety Act (FSA). With its passage, effectively banning its residents from owning any of the large majority of semi-automatic rifles owned by American citizens (exceptions were made for retired law enforcement officers). The FSA also imposed other restrictions, such as banning certain standard-capacity magazines.

Such laws...

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Freddie Gray: Porter Not Required to Testify Against Arresting Officers

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Posted by    Thursday, January 21, 2016 at 8:30am 1/21/2016 at 8:30am

Judge Barry Williams, the trial judge in the “Freddie Gray” cases, yesterday ruled that Officer William Porter is not required to testify against the three white officers charged in the case: Edward Nero, Garrett Miller, and Brian Rice, reports CNN.

Those officers were primarily involved in the initial arrest of Gray,...

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