[Aurelius]

Having read the story, I see nothing that would suggest that thedefense failed to provide an effective defense. Just because they lost is no grounds for believing otherwise--no competent lawyer will ever guarantee a result, because no lawyer can predict what a jury will do. Here the jury was persuaded by the facts and believed that the defendant overreacted--always a possibility when deadly force is used. Yeah the gun biz was BS, but the jury bought it, and I doubt the attorney saw that one coming. Had he done so, all he had to ask was to have the expert testify as to the relative sizes of 9, 40, 10mm and 45 rounds, and show that the differences are nominal, And then ask the jury, "If you were being attacked, what would you wnat to have to defend yourself? A .22 or a.45?"

I don't know how many degrees of murder there are in Arizona. Usually thre are three, pre-meditated, 2d degree (passion killings) and 3rd degree, negligent homocide. Under a three tier system, this guy at worst committed 3rd degree homocide, not 2d degree. Well, we'll just have to wait and see. It is tough to get a reversal absent an error in the jury instructions.