Posts by Andrew Branca  (Page 2)
 

Law of Self Defense: “Don’t Mess With the Uber Driver”

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Posted by    Saturday, September 1, 2018 at 10:00am 9/1/2018 at 10:00am

Around 2:30 AM last Tuesday, a man attacked an Uber driver, saying he had a pistol while raising his cell phone in his right hand. He abruptly discovered that the Uber driver was willing and able to defend himself from a deadly force attack with a lawfully carried handgun.

Now the Uber...

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Law of Self Defense: When the prosecutor doesn’t know the law

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Posted by    Wednesday, August 22, 2018 at 3:00pm 8/22/2018 at 3:00pm

This week’s case is not so much a case as it is a cautionary tale about the risks of relying upon the purported use-of-force law expertise of others based solely on their job title, and dangers of not you yourself being educated on that law.

I warn students in every class that...

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Law of Self Defense: The Lies of the Zimmerman Probable Cause Affidavit

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Posted by    Friday, August 17, 2018 at 9:00pm 8/17/2018 at 9:00pm

This week’s Case of the Week is inspired by the so-called “documentary,” Rest in Power: The Trayvon Martin Story, produced by Jay Z and Trayvon Martin’s parents.

The first two episodes focus enormous attention on the fact that George Zimmerman was not arrested until April 11, 2012, 44 days after he shot...

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Manslaughter Charges Filed in Florida Handicap Parking Spot Shooting

https://player.vimeo.com/video/281013501
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Posted by    Monday, August 13, 2018 at 3:07pm 8/13/2018 at 3:07pm
https://player.vimeo.com/video/281013501

Michael Drejka, the 47-year old shooter of 28-year-old Markeis McGlockton over a July 19 dispute about a handicap parking spot, has been arrested and charged with manslaughter, reports the Tampa Bay Times and other news sources.  He is being held on $100,000 bail in Pinellas County Jail.

[AFB: Update, just reading the...

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Law of Self Defense: Flashback to Three Lies Created From Zimmerman 911 Audio

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Posted by    Friday, August 10, 2018 at 7:00pm 8/10/2018 at 7:00pm

With the “documentary” Rest in Power: The Trayvon Martin Story by Jay Z in the news, I though it worthwhile to make this Case of the Week about the lies created by doctoring the audio file of the call George Zimmerman made to the police moments before he was viciously attacked...

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Attorney Andrew Branca to Critique “Rest in Power: The Trayvon Martin Story”

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Posted by    Monday, July 30, 2018 at 4:34pm 7/30/2018 at 4:34pm

It’s hard to believe, but my first post here at Legal Insurrection was on June 5, 2013. Naturally, it was a post covering the murder trial of George Zimmerman, after Professor Jacobson noticed some of my comments on his own posts and kindly invited me to contribute to the site.

I ended...

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CNN Mangles “Stand-Your-Ground” Law Yet Again

https://player.vimeo.com/video/281013501
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Posted by    Sunday, July 29, 2018 at 6:00pm 7/29/2018 at 6:00pm
https://player.vimeo.com/video/281013501

When I tell you that you must assume that everything the news media has to say about self-defense law and events is 100% wrong until proven otherwise, this is why: CNN: “What you need to know about ‘stand your ground’ laws”.

The errors on “Stand-Your-Ground” in particular and self-defense law in general, whether...

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9th Circuit panel upholds 2nd Amendment Open Carry right

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Posted by    Wednesday, July 25, 2018 at 11:30am 7/25/2018 at 11:30am

Every once in a while a federal court in the 9th Circuit hands down an opinion consistent with the actual meaning of the Second Amendment, and the Universe threatens to lose its mind. (Generally, of course, any such 2A-favorable decision is shortly reversed en banc, c’est la vie.)

One such decision was...

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Law of Self Defense: VIDEO: Shove-Shoot Case Sheriff’s Statement

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Posted by    Saturday, July 21, 2018 at 8:00pm 7/21/2018 at 8:00pm

Pinellas County Sheriff Bob Gualtieri issued a statement about the shove-shoot case. He gets a lot right in this statement, but he also gets a lot wrong. In the interests of time (and because I have a full-day Law of Self Defense LEVEL 1 Class to teach today in Sacramento CA),...

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Law of Self Defense VIDEO: Just because it’s lawful to present the gun doesn’t mean it’s lawful to press the trigger

https://player.vimeo.com/video/281013501
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Posted by    Friday, July 20, 2018 at 9:00pm 7/20/2018 at 9:00pm
https://player.vimeo.com/video/281013501

There’s been a shooting in Florida (naturally?) that resulted over an argument about a non-handicapped person parking in a handicapped parking spot, and it was captured on a rather poor quality surveillance camera recording, according to news reports.

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Law of Self Defense: A Self-Defense Cascade of Failure

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Posted by    Wednesday, July 18, 2018 at 7:00pm 7/18/2018 at 7:00pm

I’m often asked to describe the most common way people screw up their self-defense claim. The truth is there isn’t a single most common way. Too many people manage to find an apparently infinite number of ways to step outside the bounds of the law. Often, there were a bunch of...

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Law of Self Defense: Milwaukee Restaurant Attack

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Posted by    Wednesday, July 11, 2018 at 9:00am 7/11/2018 at 9:00am

This case of the week involves an armed employee stopping a vicious bare-handed attack in the kitchen of a Milwaukee restaurant:
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Law of Self Defense: Self-Defense Claim Lost When Defender Becomes Aggressor

https://www.ctpost.com/policereports/article/Victim-of-Norwalk-assault-gets-18-months-for-not-13044078.php
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Posted by    Wednesday, July 4, 2018 at 5:00pm 7/4/2018 at 5:00pm
https://www.ctpost.com/policereports/article/Victim-of-Norwalk-assault-gets-18-months-for-not-13044078.php

This week’s case is a recent criminal trial sentencing out of Connecticut that purportedly involves principles of “Stand-Your-Ground,” but that in reality, of course, has nothing to do with “Stand-Your-Ground” at all.

Three-on-one Attack Ends With Defender Convicted

The defendant in this case was Jeffrey Sumpter, 21 years old, who was working his...

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Law of Self Defense: Murder re-trial for man who confronted public urination

https://www.youtube.com/watch?v=O9GEk-ub8ek&feature=youtu.be
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Posted by    Wednesday, June 27, 2018 at 9:05pm 6/27/2018 at 9:05pm
https://www.youtube.com/watch?v=O9GEk-ub8ek&feature=youtu.be

Law of Self Defense Case of the Week is a new weekly series by Andrew Branca

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This case of the week involves the recent murder trial of a Texas man, Terry Thompson, who got into a barehanded fight with a drunk, John Hernandez, in a Denny’s parking lot. Thompson choked Hernandez to...

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Supreme Court reverses 9th Circuit, rules for officer in police excessive use of force case

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Posted by    Monday, April 2, 2018 at 3:00pm 4/2/2018 at 3:00pm

The Supreme Court just handed down a police use-of-force decision, Kisela v. Hughes (

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Idaho Expands Right to Use Deadly Force Against Intruders

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Posted by    Tuesday, March 27, 2018 at 7:00pm 3/27/2018 at 7:00pm

Last week Idaho’s Governor Butch Otter allowed a substantive change to the state’s self-defense law to take effect, albeit without his own signature, reports the Idaho Spokesman-Review and other sources. Although Senate Bill 1313 (embedded below) mostly just summarized in statute form Idaho’s already existing self-defense law, one provision, in particular,...

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U. Cincinnati Officer Who Shot Sam DuBose Wins $350k Settlement From University

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Posted by    Thursday, March 22, 2018 at 9:00pm 3/22/2018 at 9:00pm

Today the University of Cincinnati announced that it would settle a grievance brought by former UC police officer Ray Tensing by paying him almost $250,000 in back pay and $100,000 in legal fees he incurred, reports NBC and other sources.

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