Posts by Andrew Branca  (Page 20)
 

Federal District Court Strikes Down Washington, DC Handgun Carry Ban

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Posted by    Saturday, July 26, 2014 at 6:40pm 7/26/2014 at 6:40pm

Well, well, well–I guess the big guy upstairs knew I could do with a pick-me-up while I struggle through this respiratory infection.  And boy, did he deliver big (with a h/t to Ace of Spades HQ).

In light of Heller, McDonald, and their progeny, there is no longer any basis on which...

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George Zimmerman Appeals Dismissal of Defamation Suit Against NBC

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Posted by    Saturday, July 26, 2014 at 11:15am 7/26/2014 at 11:15am

[Clarification (7/26/14): I’ve just been informed by a knowledgeable person on the Zimmerman side of this case that what was submitted to the 5th DCA this past Friday is the official notice of appeal.  The actual appeal has not yet been submitted.]

As anticipated by, well, everybody, George Zimmerman’s civil lawyer, James Beasley Jr.,...

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Pro-Tip: Shooting Fleeing Women in the Back is NOT Self-Defense

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Posted by    Friday, July 25, 2014 at 3:20pm 7/25/2014 at 3:20pm

One of the conditions of using deadly force in self-defense is that one be facing an imminent threat of death or grave bodily harm. That definition of imminence is well captured by Black’s Law Dictionary:

Immediate danger, such as must be instantly met, such as cannot be guarded against by calling for the...

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Detroit Front Porch Shooting case: Day 2 End-of-Day Wrap-Up

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Posted by    Thursday, July 24, 2014 at 5:17pm 7/24/2014 at 5:17pm

This afternoon saw testimony from two additional Dearborn Heights law enforcement officers,  Tim Zawacki and Mark Parrinello.

Highlights of this afternoon’s events included a request by the Prosecution for sanctions against the defense for a mention earlier this morning of general crime in the Wafer neighborhood.  A pretrial ruling excludes such generalized...

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Detroit Front Porch Shooting case: Day 2 Mid-Day Wrap-Up

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Posted by    Thursday, July 24, 2014 at 12:48pm 7/24/2014 at 12:48pm

The State’s case against Wafer proceeded through several more witnesses today, including additional officers on scene as well as dash-cam video from a “Scout” patrol car, witnesses to McBride’s single-vehicle car crash some hours before the shooting, and the 911 dispatcher who took Wafer’s call.

To me the most relevant bits of...

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Detroit Front Porch Shooting case: Day 1 End-of-Day Wrap-Up

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Posted by    Wednesday, July 23, 2014 at 7:05pm 7/23/2014 at 7:05pm

This afternoon I was helpfully directed to a live video stream of the Wafer trial, suggesting the streaming of the trial is not explicitly prohibited, as I had been led to believe Unfortunately the feed was of such low quality it was effectively useless. It seems even the provider recognized this,...

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Detroit Front Porch Shooting case: Day 1 Mid-Day Wrap-Up

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Posted by    Wednesday, July 23, 2014 at 12:45pm 7/23/2014 at 12:45pm

By order of trial judge Dana Hathaway there is no live streaming of the second degree murder trial of Theodore Wafer, the Detroit man who shot and killed Renisha McBride, a young black woman who was on his front porch in the early morning hours of November 15, 2013.

The defense claims...

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Attorney for Road Rage Cop Argues Defense of Self, Family in Opening Statement

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Posted by    Tuesday, July 22, 2014 at 6:00pm 7/22/2014 at 6:00pm

Today marked the start of the case in chief of Joseph Walker, the New Jersey police officer charged with first degree murder by the state of Maryland in the road-side shooting of Maryland native Joseph Harvey.

There is no television coverage of the trial itself, and the lawyers have been issued...

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Jury Selection Begins Detroit Front Porch Shooting of Black Woman

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Posted by    Monday, July 21, 2014 at 6:45pm 7/21/2014 at 6:45pm

Jury selection begins today in the murder trial of Detroit homeowner Theodore Wafer, as reported in the Detroit Free Press. Wafer shot and killed Renisha McBride, a 19-year-old black woman, on his front porch. Wafer is claiming self-defense.

The most recent news in the Wafer case was the June 27 denial by...

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Trial Begins of Joseph Walker, NJ Cop Involved in “Road Rage” Killing

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Posted by    Monday, July 21, 2014 at 2:05pm 7/21/2014 at 2:05pm

Today begins the trial of black New Jersey police officer Joseph Walker over the “road rage” killing of white victim Joseph Harvey (Jury selection begins in road-rage murder case).

Unfortunately, it does not appear that this case will be televised, as were the Zimmerman and Dunn trials in Florida, and as a result there...

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No Second Self-Defense Immunity Hearing for Marissa Alexander

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Posted by    Monday, July 21, 2014 at 11:40am 7/21/2014 at 11:40am

Marissa Alexander has been denied a second shot at a self-defense immunity hearing (often incorrectly referred to as a “Stand-Your-Ground’ hearing), reports by First Coast News.

Under Florida’s self-defense immunity statute (

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South Carolina licensing officials accused of suppressing lawyer’s 1st Amendment rights

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Posted by    Wednesday, July 16, 2014 at 11:20am 7/16/2014 at 11:20am

It is axiomatic that the freedom of speech provisions of the 1st Amendment of the US Constitution are specifically intended to protect unpopular and/or offensive speech. After all, speech that is neither unpopular nor offensive is, obviously, not in need of any particular protections.  It is equally indisputable that of all...

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Florida prosecutors fail in effort to deny self-defense immunity to black male shooter

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Posted by    Sunday, July 13, 2014 at 7:00pm 7/13/2014 at 7:00pm

The Miami Herald is reporting that the Florida Supreme court has declined to hear state prosecutor’s final appeal of self-defense immunity awarded to a black Floridian who shot and killed two Hispanic men in self-defense: “State high court won’t hear appeal in Miami self-defense case” (h/t Miguel over at GunFreeZone.net).

This decision by...

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How bad can a lawyer be and still be deemed “effective”? Pretty bad

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Posted by    Saturday, July 5, 2014 at 9:30am 7/5/2014 at 9:30am

One of the most common questions I get at Law of Self Defense Seminars is, “How do I pick a good self-defense lawyer if I’ve had to use force in defense of myself (or my family, my home, business, etc.)?”

That’s too lengthy a topic for a forum post, but it does...

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Zimmerman Libel Suit Against NBC Thrown Out

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Posted by    Monday, June 30, 2014 at 12:30pm 6/30/2014 at 12:30pm

How can we miss her, when she won’t go away?

Judge Debra Nelson, who presided over the murder trial of George Zimmerman, today issued a ruling dismissing his libel suit against NBC (a copy of that ruling can be found at the bottom of this post).

Those of us who followed the Zimmerman...

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One Way Florida’s “Warning Shot” Bill Could Help Marissa Alexander

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Posted by    Friday, June 27, 2014 at 1:00pm 6/27/2014 at 1:00pm

A couple of days ago I posted up a piece re: Florida’s passage of its “warning shot” bill and the prospects for that bill helping the case of Marissa Alexander.

Florida’s just-signed “warning shot” law unlikely to help Marissa Alexander

I neglected, however, to point out one particular facet of Florida’s new law...

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Florida’s just-signed “warning shot” law unlikely to help Marissa Alexander

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Posted by    Tuesday, June 24, 2014 at 11:50am 6/24/2014 at 11:50am

It was with considerable astonishment that I read the following headline in an ABC news post:

Marissa Alexander, who fired warning shot at husband attacking her, likely won’t see prison after Fl...

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