If you think you know your states self defense laws, think again

[MEHavey]

BECAUSE the judge didn't see the case as being a self-defense case

That judge had to have come right out of Lewis Carrol Law School*
And the Appeals said the same in effect "you just gotta be kidding"


*
“Let the jury consider their verdict,” the King said, for about the twentieth time that day.
“No, no!” said the Queen. “Sentence first—verdict afterwards.”




.

 

[DeepSouth]

To me this is another example of “don’t do stupid things” and you can drastically lower your chances of being in court in the first place! It’s been said life is harder when you’re stupid, this is an example of that.

Every incident of self defense obviously isn’t preventable, but a whole lot of them are, this one included.

I also agree this was plausibly a murder plot, I also agree that should have been the jury’s decision…. And apparently it still could be

 

[bdickens]

Perhaps the real lesson is don't get involved in a relationship with someone who is cheating on their spouse....

 

[The Night Rider]

Perhaps the real lesson is don't get involved in a relationship with someone who is cheating on their spouse....

This is relevant.

It's a broad interpretation of the rule of stupids.

If you're carrying a gun you shouldn't be making life choices that will lead to you having to use it.

 

[Kleanbore]

I also agree this was plausibly a murder plot, I also agree that should have been the jury’s decision…. And apparently it still could be

Were it a murder plot, it would appear that the more likely suspect is not the person charged.

 

[JohnKSa]

That judge had to have come right out of Lewis Carrol Law School

Stupidity is all around us all the time. There is always more of it than you expect and the damaging effects are always worse than you expect.

https://en.wikipedia.org/wiki/Carlo_M._Cipolla

Failure to take reality into effect is costly and part of reality is that you can't expect everyone to behave rationally, you can't expect people to be smart and you can't expect everyone to see things the way you do. THEREFORE, expecting that "good shoots" won't go to trial is a bad idea.

 

[Kleanbore]

a

THEREFORE, expecting that "good shoots" won't go to trial is a bad idea.

Amen.

 

[Hugger-4641]

No one should bank on any illusion of justice in any state. Right here in my own beloved state of TN, I have no doubt that a justified SD incident that occurred here in my home town is going to face a different mindset of prosecutors and "peers" in court than would likely be faced in a less conservative town like Nashville. But its one of those things I would rather deal with on top of the ground than under. I'm going to do what I have to, no more, no less, and hope the court sees it the same.

 

[MEHavey]

expecting that a "good shoots" don't go to trial is a bad idea.

John... I would never bank on even the most obvious of SD shootings not winding up in front of a jury.
(In TX everything goes to the grand jury -- no matter what)

What I would not expect is a Court (re judge) who would be so (Pik-a-Word) as to set
himself up for so embarrassingly a reversal w/ so obviously an indefensible a position.,

I have to admit that no one acted rationally here -- wife, lover especially -- in creating the situation.
'make a good movie......

.

 

[lemaymiami]

I spent time in court over a 22 year period as a cop - it was part of every cop's job... In those 22 years I actually saw "Justice" done only a few times, just my opinion on the matter... Everything else was about process as well as who wins and who loses, both in criminal and civil cases... Just my opinion - but for me, courtrooms are something to avoid at all costs since you might not like the outcome - and whatever the outcome - the participants will be the ones footing the bill..

 

[Kleanbore]

If you carry, you should have carry insurance.

What does "carry" have to do with it? One may have to justify the use of deadly force if the weapon was an asparagus digger.

 

[Kleanbore]

*Ihave no direct knowledge of the case but the explanation I posited is far more plausible

The fact that the wife was not charged weakens that theory substantially.

 

[old lady new shooter]

What does "carry" have to do with it? One may have to justify the use of deadly force if the weapon was an asparagus digger.

First of all, this is a firearms discussion site.

Secondly, a person doesn't go around carrying an asparagus digger intending to use it for self-defense... although if s/he is digging asparagus and an assailant comes onto the scene and s/he has no other weapon, certainly s/he should use it.

By contrast, a person who carries a firearm specifically carries it with the intention of using it for self-defense if that should be necessary. Part of that preparation should be insurance coverage for the event the person has to use the firearm.

 

[Kleanbore]

Secondly, a person doesn't go around carrying an asparagus digger intending to use it for self-defense..
By contrast, a person who carries a firearm specifically carries it with the intention of using it for self-defense if that should be necessary.

True--but neither of those points is relevant to the legalities. All kinds of things are used in defensive situations.

I agree with the recommendation to have a robust prepaid legal services contract.

 

[Jeff White]

Secondly, a person doesn't go around carrying an asparagus digger intending to use it for self-defense....

I wouldn't be so sure about that. We had a glass display case in the PD lobby that was full of kinds of "unusual things" people carried as weapons. Any kind of knife you can think of was represented along with more clever things like "knuckles" made from plaster cast material, chains and household items that were carried for self defense or offense............

 

[old lady new shooter]

I wouldn't be so sure about that. We had a glass display case in the PD lobby that was full of kinds of "unusual things" people carried as weapons. Any kind of knife you can think of was represented along with more clever things like "knuckles" made from plaster cast material, chains and household items that were carried for self defense or offense............

For years now people have suggested women use their car key to stab an attacker in the eye. Anybody here know of a case where this method was actually used and was successful?

 

[Jeff White]

Another attorney weighing in on this case. A pretty good explanation of the relevant law and how it was applied:

 

[Kleanbore]

Another attorney weighing in on this case. A pretty good explanation of the relevant law and how it was applied:

This is an excellent informative and educational presentation. It covers several things very well:

• The role of the judge as gatekeeper in trial court
• The role of the jury as finders of fact in trial court
• The different roles of trial courts and appellate courts
• The importance of preserving issues for potential appeal
• The burden of production vs the burden of persuasion in self defense cases

 

[CapnMac]

For years now people have suggested women use their car key to stab an attacker in the eye. Anybody here know of a case where this method was actually used and was successful?

Not a one.
And training has demonstrated that's a good way to cut up your own fingers.
You might (only might) get a raking strike in. But to do so, you have to be "open" at the beginning and the end of the swing, and you are off even balance the whole way around the swing.

The only method worse is putting multiple keys between your fingers.

 

[Kleanbore]

Keys? Last ditch and with proper technique.

Nothing to do with laws