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Law of Self Defense Tag

Posted by Andrew Branca on August 18, 2013 36 Comments

We’ll be covering the second degree murder trial of Merritt Landry, who was charged with second degree attempted murder for his shooting 14-year-old Marshall Coulter (described as a “professional thief” by his brother in news reports). Coulter had scaled a spiked metal fence to enter Landry’s...

Posted by Andrew Branca on August 07, 2013 64 Comments

It is perhaps inevitable that comparisons will be drawn between the  recently completed murder/self-defense trial of George Zimmerman in Florida and the just beginning travails of self-defense shooter Merritt Landry in New Orleans. Indeed, I've already begun to do so myself (see "Zimmerman Redux: The Breaking...

Posted by Andrew Branca on August 06, 2013 52 Comments

Hey folks, I just wanted to take a moment to drop a note sharing the news that Professor Jacobson has kindly invited me to continue blogging here at Legal Insurrection, and I have gratefully accepted. Of course, my frequency of posting won't be at the two-to-three-mega-posts-per-day rate...

Posted by Andrew Branca on July 31, 2013 37 Comments

Of the 50 states in the US, 49 of them require the State to disprove a defendant’s claim of self-defense, beyond a reasonable doubt. Ohio, on the other hand, requires that the defendant prove self-defense by a preponderance of the evidence. Why is Ohio Such...

Posted by Andrew Branca on July 24, 2013 209 Comments

Hungry for another claimed example of a deadly Stand-Your-Ground defensive encounter, the mainstream media has seized upon the gas-station shooting death of a black man by a rifle-armed woman, also black, this past Sunday in Houston. Video of the encounter was captured by the gas station's...

Posted by Andrew Branca on July 23, 2013 76 Comments

Much has been made lately of the self-defense legal doctrine of Stand-Your-Ground, mostly for political purposes unrelated to any actual legal application of the doctrine (for more on this, see here: Stand-Your-Ground: Gun Control Zombies Exploit Grieving Black Community). [caption id="attachment_59829" align="alignnone" width="500"] Reverend Al Sharpton protests...

Posted by Andrew Branca on July 19, 2013 54 Comments

Now that the Zimmerman criminal trial has concluded, much attention has focused on the prospects for Zimmerman seeking protection under Florida's self-defense immunity statute from any possible civil action against him. Florida's statute 776.032, is among the broader self-defense immunity statutes, in that it possesses all...

Posted by Andrew Branca on July 18, 2013 112 Comments

In 2005 the Florida legislator enacted statute 776.032. "Immunity from criminal prosecution and civil action for justifiable use of force." This immunity statute is often erroneously referred to as Florida's Stand-Your-Ground (SYG) law, even by lawyers, judges, and law professors who ought to know better...

Posted by Andrew Branca on July 16, 2013 71 Comments

Well, that's it. George Zimmerman has his legal victory. Late in the night on Saturday, July 13, 2013, George officially survived a brutal and malicious legal assault backed by the full power of a State government intent on hanging a life sentence on an innocent man...

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