Posts by Andrew Branca  (Page 20)
 

When can you legally use a gun against an unarmed person?

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Posted by    Sunday, August 31, 2014 at 6:20pm 8/31/2014 at 6:20pm

One of the most common laments to come out of Ferguson these last days has been that surely it was outrageous for Office Darren Wilson to use his service pistol to shoot an “unarmed” Mike Brown.  (Earlier iterations of this narrative went further in their misinformation, describing the 18-year-old 6’4″ 292...

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A Conundrum? New Orleans Murders Fall as Self-Defense Killings Rise

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Posted by    Thursday, August 28, 2014 at 9:45am 8/28/2014 at 9:45am

It’s become so commonplace for “journalists” to be blind to obvious cause-and-effect relationships that fall outside the acceptable Progressive narrative that James Taranto of the Wall Street Journal has long used the tag-line “Fox Butterfield, Is That You?” as he notes these occurrences in his daily (and excellent) “Best of the Web”...

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Detroit Porch Shooting: Defendant’s claim of “Accident” cost him “Self-Defense”

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Posted by    Tuesday, August 26, 2014 at 6:00pm 8/26/2014 at 6:00pm

One of the key messages I hit in my Law of Self Defense Seminars is that the use of force can only very rarely be both an “accident” AND “self-defense.”

Self-defense is an inherently deliberate act.  You perceived a threat, you responded with force against that threat. Deliberate.

An accident is the opposite...

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Courts strike California 10-day waiting period and Baton Rouge gun possession restrictions

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Posted by    Tuesday, August 26, 2014 at 10:45am 8/26/2014 at 10:45am

Just a quick note on a pretty good 24 hours for the Second Amendment with a pair of favorable Federal court decisions out of California and Louisiana, respectively.

Federal Court Rules California 10-day Waiting Period Unconstitutional (for Some)

As reported by Calguns, California’s 10-day waiting period for gun purchases has been ruled unconstitutional...

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Did MO Law Allow for Deadly-Force Arrest of Mike Brown?

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Posted by    Sunday, August 24, 2014 at 7:00pm 8/24/2014 at 7:00pm

The shooting in Ferguson MO of robbery suspect Mike Brown by Police Officer Darren Wilson has raised a myriad of social, racial, and legal issues.  In this post I’d like to address one of the latter, specifically whether under Missouri law Wilson was authorized to use deadly force to arrest a...

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Thankfully, the presumption of innocence applies even in Ferguson

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Posted by    Friday, August 22, 2014 at 10:30am 8/22/2014 at 10:30am

At The New Republic, author Yishai Schwartz argues that “Convicting Darren Wilson Will Be Basically Impossible” because of the presumption of innocence mixed with race and Missouri self-defense law :

We may never know what actually happened during the violent encounter between teenager Michael Brown and policeman Darren Wilson. But legal judgments rarely happen...

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Misleading Initial Narrative of Zimmerman-Martin Case Applied in Ferguson

http://youtu.be/eBx06JcFGdk
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Posted by    Tuesday, August 19, 2014 at 12:30pm 8/19/2014 at 12:30pm
http://youtu.be/eBx06JcFGdk

The fatal shooting of the Mike Brown by police officer Darren Wilson has raised a hue and cry about a wide variety of social issues, among them the increasingly vitriolic nature of American race relations, the astonishing militarization of the police (or, perhaps more accurately, their equipment), and the curious (to...

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GUILTY: Verdict in Detroit Front Porch Murder Trial

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Posted by    Thursday, August 7, 2014 at 2:53pm 8/7/2014 at 2:53pm

The jury has returned a verdict of guilty of second degree murder/voluntary manslaughter and weapons charges in the trial of Detroit homeowner Theodore Wafer for the front porch shooting death of Renisha McBride in the early morning hours of November 2, 2013.  Trial Judge Hathaway has ordered Wafer imprisoned immediately,...

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Detroit Front Porch Murder Trial: Closing Arguments, Jury Deliberations

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Posted by    Wednesday, August 6, 2014 at 2:53pm 8/6/2014 at 2:53pm
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Defense Rests in Detroit Front Porch Murder Trial, Closings Wednesday

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Posted by    Tuesday, August 5, 2014 at 6:00pm 8/5/2014 at 6:00pm

Welcome back to the eighth day of the murder trial of Detroit homeowner Theodore Wafer for the shooting death of Renisha McBride on his front porch in the early morning hours of November 2, 2013.

Theodore Wafer Back on Cross-Examination

Wafer was back on cross-examination today, having taken the stand in his own...

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Homeowner Takes the Stand in Detroit Front Porch Murder Trial

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Posted by    Monday, August 4, 2014 at 6:37pm 8/4/2014 at 6:37pm

Court room testimony took a dramatic turn today in the murder trial of Detroit homeowner Theodore Wafer for the front porch shooting death of Renisha McBride when Wafer took the stand to testify in his own behalf.

Direct questioning was conduced by lead defense counsel Cheryl Carpenter.  (As usual for this trial...

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Detroit Front Porch Shooting Case: What you need to know heading into Week 3

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Posted by    Sunday, August 3, 2014 at 6:15pm 8/3/2014 at 6:15pm

Tomorrow marks the start of the third week of the second degree murder trial of Detroit homeowner Theodore Wafer for the front porch shooting death of Renisha McBride in the early morning hours of November 2, 2013.  This past week saw the milestone of the prosecution resting and...

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Detroit Front Porch Shooting Case: Day 6 End-of-Day Wrap-Up

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Posted by    Thursday, July 31, 2014 at 5:20pm 7/31/2014 at 5:20pm

Well today continued to be a bad, bad day for the Prosecution in the Detroit trial of Theodore Wafer, charged with second degree murder for the shooting death of Renisha McBride on his front porch in the early morning hours of November 2, 2013.  The prosecution team seems to completely lose...

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Detroit Front Porch Shooting case: Day 6 Mid-Day Wrap-Up

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Posted by    Thursday, July 31, 2014 at 1:20pm 7/31/2014 at 1:20pm

Welcome, all to the morning of the 6th day of the Michigan front porch shooting case, in which homeowner Theodore Wafer is up on second degree murder charges for the shooting death of an extraordinarily intoxicated and likely concussed Renisha McBride on his front porch ~4:00 AM on November 2, 2013.

Continued...

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Detroit Front Porch Shooting Case: Day 5 End-of-Day Wrap-Up

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Posted by    Wednesday, July 30, 2014 at 9:20pm 7/30/2014 at 9:20pm

So we find ourselves at the end-of-day wrap-up for day 5 of the murder trial of Theodor Wafer for the shooting death of Renisha McBride on his Detroit front porch in the early morning hours of November 2, 2013.  This afternoon the State would rest with its final witness, Medical Examiner...

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Detroit Front Porch Shooting Case: Day 5 Mid-Day Wrap-Up

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Posted by    Wednesday, July 30, 2014 at 1:50pm 7/30/2014 at 1:50pm

We’re back for day 5 of the second degree murder trial of Theodore Wafer in the shooting death of Renisha McBride on his front porch in the early morning hours of November 2, 2013. As has been the case since mid-day of day 1, Judge Hathaway still refuses the trial to...

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BREAKING: New Jersey “Road Rage Cop” Acquitted in Maryland Murder Trial

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Posted by    Wednesday, July 30, 2014 at 12:52pm 7/30/2014 at 12:52pm

Just breaking in the last few minutes, NJ police officer Joseph Walker, tried on charges of  first degree murder in the road-rage shooting of Joseph Harvey Jr., has been acquitted. Not many details yet, so we’ll just share the news as provided by Hudson News 12 New Jersey, 

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