Posts by Andrew Branca  (Page 2)
 

Law of Self Defense: Detective in “Handicap Parking Spot Shooting” Case Arrested

https://player.vimeo.com/video/281013501
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Posted by    Sunday, January 13, 2019 at 12:00pm 1/13/2019 at 12:00pm
https://player.vimeo.com/video/281013501

This week’s “Case of the Week” involves some perhaps non-obvious risks and uncertainties you incur if you’re involved in a use-of-force event that you now have to legally justify, specifically the risk that the folks investigating and judging your conduct may themselves be profoundly flawed individuals.

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Law of Self Defense: When the 5th Amendment collides with the right of Self-Defense

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Posted by    Wednesday, December 19, 2018 at 8:00pm 12/19/2018 at 8:00pm

This case involves a recent Court of Appeals decision out of Texas —State v. Vasquez, 2018 Tex. App. LEXIS 9748 (TX Ct. App. 2018)—that illustrates how a refusal to take the witness stand can effectively strip you of the ability to argue self-defense to a jury.
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Was Cyntoia Brown sentenced to life in prison for self-defense? Nope.

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Posted by    Tuesday, December 11, 2018 at 1:00pm 12/11/2018 at 1:00pm

A lot of people have been forwarding me articles about Cyntoia Brown, who was convicted of first-degree murder and aggravated robbery when she was a 16-year-old prostitute. Recent news coverage includes this very sympathetic piece from CNN</...

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Law of Self Defense: FedEx Driver Not Charged in Fatal Punch of Man Who Hurled Racial Slurs at Him

https://www.youtube.com/watch?v=eDHJCM-P9k0
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Posted by    Wednesday, December 5, 2018 at 7:00pm 12/5/2018 at 7:00pm
https://www.youtube.com/watch?v=eDHJCM-P9k0

I came across this brief news article about a confrontation between a black FedEx driver, Timothy Warren, and an angry man who repeatedly shouted racial epithets at him. The driver killed the man.

Prosecutors have decided against bring charges against the driver, despite the death of the victim. B...

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Law of Self Defense: How to Turn An “Accidental” Shooting into Negligent Homicide

https://www.youtube.com/watch?v=Pn21Oe6U2SA#action=share
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Posted by    Thursday, November 29, 2018 at 8:00pm 11/29/2018 at 8:00pm
https://www.youtube.com/watch?v=Pn21Oe6U2SA#action=share

This case of the week involves a Montana man who reportedly shot his hunting partner just as they returned from a hunt to their cars in a K-Mart parking lot, according to this ABC Fox news report.

The shooter is said to be an NRA Instructor in handgun and rifle. The victim...

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Law of Self Defense: Road Rage Stabbing Acquittal Touches Many Facets of Self-Defense Law

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Posted by    Thursday, November 22, 2018 at 6:30pm 11/22/2018 at 6:30pm

I came across this recent very brief, four paragraph, news story out of Illinois a few days ago of a defendant acquitted in a bench trial on several felony charges after he stabbed someone 10 times with a 2.5” knife during a road rage incident.

I noted that it conveniently provided a good...

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Law of Self Defense: Ohio House Votes to Join Modern Era of Self-Defense Law

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Posted by    Saturday, November 17, 2018 at 8:00pm 11/17/2018 at 8:00pm

This past Wednesday the Ohio House voted by a 64 to 26 margin to pass HB 228, which seeks to bring Ohio self-defense law into the modern era. It is believed by advocates of this legal advance that the Senate version of the bill will pass that chamber easily, and with...

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Law of Self Defense: How Martial Arts Can Get You 25 Years

https://www.youtube.com/watch?v=O9GEk-ub8ek&feature=youtu.be
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Posted by    Friday, November 16, 2018 at 8:30pm 11/16/2018 at 8:30pm
https://www.youtube.com/watch?v=O9GEk-ub8ek&feature=youtu.be

This “Case of the Week” involves a conviction and sentencing out of Texas this past week, in which Terry Thompson was sentenced to 25 years in prison as a result of his use of a BJJ-style choke hold that caused the death John Hernandez in May 2017, as reported this week...

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Law of Self Defense: Using Your Gun to Defend Your Car — Just Don’t

http://www.wrcbtv.com/story/39327693/update-victim-suspect-facing-charges-in-connection-to-auto-theft
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Posted by    Tuesday, October 30, 2018 at 9:00pm 10/30/2018 at 9:00pm
http://www.wrcbtv.com/story/39327693/update-victim-suspect-facing-charges-in-connection-to-auto-theft

This story comes out of Chattanooga TN last week, and involves a man who fired shots at his receding automobile as it was being driven away by a car thief. That man has now been hit with felony charges, and ironically enough found himself locked up in the same jail as...

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Law of Self Defense: Media Mangles “Stand-Your-Ground” Law Yet Again

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Posted by    Friday, October 26, 2018 at 9:13pm 10/26/2018 at 9:13pm

This Case of the Week is not so much a case of self-defense law as it is a case of mischaracterization of self-defense law. As sure as the sun rises in the East and sets in the West, the media will continue to mischaracterize “Stand-Your-Ground” in terms of both actual application...

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Update: Mark O’Mara Joins Legal Team for Shoplifter Shooter Michael Dunn

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Posted by    Thursday, October 25, 2018 at 9:00pm 10/25/2018 at 9:00pm

The Orlando Sentinel newspaper reports today that Attorney Mark O’Mara has joined the legal team for Michael Dunn, the Florida man who recently shot and killed apparent shoplifter Cristobal Lopez. Dunn has been charged with second-degree murder in the killing.

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UPDATE: FL Shooter of Shoplifter Charged with Murder

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Posted by    Saturday, October 20, 2018 at 12:11pm 10/20/2018 at 12:11pm

Michael Dunn, a City Commissioner of Lakeland FL who on October 3 shot and killed a shoplifter in his store, has been indicted and charged with second-degree murder. He was arrested at his attorney’s office yesterday evening and is being held without bail, reports the Tampa Bay Times.

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Law of Self Defense: Use of Deadly Force Against Shoplifter Stealing A Hatchet

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Posted by    Thursday, October 18, 2018 at 3:00pm 10/18/2018 at 3:00pm

On October 3, 2018, Michael Dunn—a City Commissioner for the city of Lakeland, FL—shot and killed Cristobal Lopez as Lopez shoplifted a hatchet from Dunn’s store, reports TheLedger, a local paper.

The shooting occurred as Dunn was attempting to stop Lopez from leaving the store with the hatchet. The store’s security recording...

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Law of Self Defense: Will US Supreme Court Allow Cops’ Suit Against Marilyn Mosby?

https://www.youtube.com/watch?v=LHunddzorhY
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Posted by    Wednesday, October 10, 2018 at 5:30pm 10/10/2018 at 5:30pm
https://www.youtube.com/watch?v=LHunddzorhY

The Baltimore police officers who are suing State’s Attorney Marilyn Mosby for maliciously investigating and defaming them when she criminally charging them over the death of Freddie Gray while he was in police custody have appealed the 4th Circuit’s dismissal of their case to the US Supreme Court, according to the...

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No Surprise: Police Shooter of Laquan McDonald Convicted

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Posted by    Friday, October 5, 2018 at 8:00pm 10/5/2018 at 8:00pm

Not that it ought to be any surprise to anybody who looked at the evidence, but Chicago Police Department officer Jason Van Dyke has just been found guilty by a jury of second-degree murder in the shooting death of Laquan McDonald.

There was a hypothetical narrative under which Officer Van Dyke’s narrative...

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Law of Self Defense: A Merely Speculative Fear is Inadequate to Justify Use-of-Force

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Posted by    Thursday, October 4, 2018 at 1:00pm 10/4/2018 at 1:00pm

This week’s case comes out of California’s Court of Appeal, in a decision filed just last Monday (People v. Gregory). It involves two particularly interesting facets of self-defense law: a speculative threat, and provocation with intent. This week we’ll address the speculative threat, and we’ll address provocation with intent...

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Several Strategies for the Aftermath of Self-Defense

https://www.ajc.com/news/crime--law/bloody-details-emerge-alleged-murder-inside-reynolds-lake-oconee/4jrhUyviaBfv8XXZhONWpN/
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Posted by    Saturday, September 29, 2018 at 10:00am 9/29/2018 at 10:00am
https://www.ajc.com/news/crime--law/bloody-details-emerge-alleged-murder-inside-reynolds-lake-oconee/4jrhUyviaBfv8XXZhONWpN/

This “Case of the Week” involves a shooting death in Oconee County, GA one that on the surface has the trappings of self-defense. The purported defender promptly shredded those trappings from the first moment he spoke...

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