Posts by Andrew Branca  (Page 3)
 

No Surprise: Police Shooter of Laquan McDonald Convicted

Comments
Permalink
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...

Read More...
 
 
 

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

Comments
Permalink
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...

Read More...
 
 
 

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/
Comments
Permalink
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...

Read More...
 
 
 

Law of Self Defense: Prosecutors Again Test Colorado’s “Make My Day” Law

Comments
Permalink
Posted by    Thursday, September 13, 2018 at 7:00pm 9/13/2018 at 7:00pm

A prosecutor in Colorado Springs is going to once again test the legal boundaries of Colorado’s “make-my-day” statute, which came into law in 1986.

The “Make My Day” law, properly §18-1-704.5. Use of deadly physical force against an intruder, has several substantive sections:  one relaxes the proportionality requirement when dealing with a...

Read More...
 
 
 

Law of Self Defense: Life Sentence Affirmed for “Warning Shot” That Hurt No One

Comments
Permalink
Posted by    Wednesday, September 5, 2018 at 5:00pm 9/5/2018 at 5:00pm

This case of the week, Williams v. State, is out of the Georgia Supreme Court, in a decision handed down just last week, and involves a man whose claimed “warning shot” earned him life in prison, even though the bullet he fired wasn’t proven to have harmed anyone.

Stoplight Confrontation Between...

Read More...
 
 
 

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

Comments
Permalink
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...

Read More...
 
 
 

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

Comments
Permalink
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...

Read More...
 
 
 

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

Comments
Permalink
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...

Read More...
 
 
 

Manslaughter Charges Filed in Florida Handicap Parking Spot Shooting

https://player.vimeo.com/video/281013501
Comments
Permalink
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...

Read More...
 
 
 

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

Comments
Permalink
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...

Read More...
 
 
 

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

Comments
Permalink
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...

Read More...
 
 
 

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

https://player.vimeo.com/video/281013501
Comments
Permalink
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...

Read More...
 
 
 

9th Circuit panel upholds 2nd Amendment Open Carry right

Comments
Permalink
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...

Read More...
 
 
 

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

Comments
Permalink
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),...

Read More...
 
 
 

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
Comments
Permalink
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.

(more…)

 
 
 

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

Comments
Permalink
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...

Read More...
 
 
 

Law of Self Defense: Milwaukee Restaurant Attack

Comments
Permalink
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:
(more…)