Law of Self Defense  (Page 9)

Book Review: “Dumbing Down the Courts,” By Dr. John Lott, Jr.

Comments
Permalink
Posted by  ▪  Friday, December 6, 2013 at 4:15pm 12/6/2013 at 4:15pm

Dumbing Down the Courts: How Politics Keeps the Smartest Judges Off the Bench” (2013) is the most recent of Dr. John Lott Jr.’s excellent books applying economics to better understand the societal dynamics around controversial issues. Gun owners will be most familiar with his past work on the defensive uses of...

Read More...
 
 
 

Analysis: Self-Defense Claim May be Legally Weak in Michigan Porch Shooting

Comments
Permalink
Posted by  ▪  Wednesday, November 27, 2013 at 8:16pm 11/27/2013 at 8:16pm

Earlier this month, a man allegedly shot a woman through the front screen door of his porch when the woman knocked or banged on it after reportedly crashing her car nearby in suburban Detroit, Michigan.  The case has since made news headlines.

I’ve been asked repeatedly to comment on the purported self-defense...

Read More...
 
 
 

Sanford, FL to ban Neighborhood Watch from carrying guns

Comments
Permalink
Posted by  ▪  Wednesday, October 30, 2013 at 2:24pm 10/30/2013 at 2:24pm

Reuters reports that Sanford, Florida — the town where George Zimmerman successfully and lawfully defended his life by shooting and killing a vicious attacker, Trayvon Martin — has passed new rules for how neighborhood watch volunteers may conduct themselves. In particular, it forbids them from being armed with a firearm, as...

Read More...
 
 
 

“Stand Your Ground” opponents mangle law and Trayvon facts at Senate Hearing

Comments
Permalink
Posted by  ▪  Tuesday, October 29, 2013 at 5:46pm 10/29/2013 at 5:46pm

This morning Democratic Senator Dick Durbin of Illinois held a US Senate hearing nominally on the subject of Stand Your Ground laws.

Here I’ll just share an overview of the testimony, along with my own general observations. (More detailed posts will likely follow.)

My first general observation is that the anti-SYG folks were,...

Read More...
 
 
 

No “Make-My-Day” Immunity for Colorado Woman Who Killed Estranged Boyfriend

Comments
Permalink
Posted by  ▪  Friday, October 25, 2013 at 5:00pm 10/25/2013 at 5:00pm

A Colorado judge denied immunity under the state’s “Make My Day” law to a woman charged with 1st degree murder. The defendant, Marla Abling, has been charged with first degree murder for the strangulation killing of her estranged boyfriend, Rory Alba.

The couple had a history of alleged domestic violence, and Abling...

Read More...
 
 
 

South Carolina Father Wins Self-Defense Immunity in Shooting of Bystander

Comments
Permalink
Posted by  ▪  Thursday, October 10, 2013 at 4:30pm 10/10/2013 at 4:30pm

A father in South Carolina who fired his handgun in self-defense–and in the process killing an apparent innocent bystander–has successfully argued that he is not subject to criminal or civil liability under the state’s self-defense immunity law.

South Carolina’s self-defense immunity statute–§16-11-450. Immunity from criminal prosecution and civil actions; law enforcement officer...

Read More...
 
 
 

The Myth of Marissa Alexander’s “Warning Shot”

Comments
Permalink
Posted by  ▪  Friday, September 27, 2013 at 12:00pm 9/27/2013 at 12:00pm

Much of the coverage of the Marissa Alexander case (previously touched on Legal Insurrection here and here) laments that Ms. Alexander was sentenced to a statutory mandatory sentence of 20 years in prison for having “merely” fired a “warning shot”.  

The actual evidence of the case shows that this claim has...

Read More...
 
 
 

Marissa Alexander Wins a “Do-Over” in Florida “Self-Defense” Case

Comments
Permalink
Posted by  ▪  Thursday, September 26, 2013 at 5:45pm 9/26/2013 at 5:45pm

In May 2012, Marissa Alexander was convicted of aggravated assault for having fired a gun at her estranged husband and his two children. Under Florida’s “10-20-Life” law she received the mandatory 20-year-sentence for having fired a gun in the commission of a felony.

We wrote about the Alexander case here some...

Read More...
 
 
 

Video: Did The Zimmerman Jury Get It Right?

Comments
Permalink
Posted by  ▪  Friday, September 13, 2013 at 7:15pm 9/13/2013 at 7:15pm

Andrew Branca and I gave a lecture on September 12, 2013, at Cornell Law School in an event sponsored by the Cornell 2nd Amendment Club.

The topic was the George Zimmerman shooting of Trayvon Martin and subsequent trial.

My segment starts at 2:45 and Andrew Branca’s...

Read More...
 
 
 

Missouri liquor store robber almost wins Darwin Award

Comments
Permalink
Posted by  ▪  Sunday, September 8, 2013 at 4:15pm 9/8/2013 at 4:15pm

This past Sunday, September 1, saw the release of a remarkable bit of security footage from a Marionville, MO liquor store.

In it, store clerk (and military veteran) Jon Alexander is behind the counter when he is approached by a would-be robber — a robber who came very close to winning...

Read More...
 
 
 

Deceptive Trayvon Martin Shooting Reenactment Video Released

Comments
Permalink
Posted by  ▪  Monday, August 19, 2013 at 7:53pm 8/19/2013 at 7:53pm

Via Amanda Turkel at Huffington Post comes news that The Coalition to Stop Gun Violence has released a video “reenactment” of the shooting of Trayvon Martin in order to encourage people to oppose “Stand Your Ground Laws”:

The Coalition to Stop Gun Violence has released a chilling new online ad reenacting the night...

Read More...
 
 
 

Merritt Landry Case: Overview of Louisiana’s Self-Defense Statutes

Comments
Permalink
Posted by  ▪  Sunday, August 18, 2013 at 9:05am 8/18/2013 at 9:05am

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 property at 2AM, in a Louisiana...

Read More...
 
 
 

NJ Cop Faces 1st Degree Murder — should have followed Law of Self Defense

Comments
Permalink
Posted by  ▪  Thursday, August 15, 2013 at 2:00pm 8/15/2013 at 2:00pm

You’d think a police officer would know better, but I’ve come across a MD incident in which a New Jersey detective (working for a State prosecutor’s office) managed to violate multiple principles of the law of self defense and get himself charged with 1st degree murder.  (Usual disclaimer:  the “facts” in...

Read More...
 
 
 

Merritt Landry Allies Developing Narrative of Innocence

Comments
Permalink
Posted by  ▪  Wednesday, August 7, 2013 at 9:28am 8/7/2013 at 9:28am

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 Louisiana Self-Defense Case of Merritt Landry”).

More...

Read More...
 
 
 

Andrew Branca to Continue Blogging at Legal Insurrection

Comments
Permalink
Posted by  ▪  Tuesday, August 6, 2013 at 6:31pm 8/6/2013 at 6:31pm

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 that was sustained during much of...

Read More...
 
 
 

That Odd Duck, Ohio: Self-Defense as an Affirmative Defense (Kind Of)

Comments
Permalink
Posted by  ▪  Wednesday, July 31, 2013 at 5:00pm 7/31/2013 at 5:00pm

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 an Odd Duck on the Burden...

Read More...
 
 
 

Zimmerman Redux: The Breaking Louisiana Self-Defense Case of Merritt Landry

Comments
Permalink
Posted by  ▪  Saturday, July 27, 2013 at 5:00pm 7/27/2013 at 5:00pm

Merritt Landry, a 33-year-old “white caucasian” shot the victim, a 14-year-old black boy, in the head. A single spent cartridge case was recovered at the scene, indicating that a semi-automatic weapon was used and suggesting that a single shot was fired. The hour of the shooting was approximately 2:00AM, on Friday,...

Read More...