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  #16 (permalink)  
Old 10-29-2009, 01:50 PM
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EM2 EM2 is offline
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Originally Posted by LuckyDog View Post
Apparently didn't even bother to click the reference link I provided in order to find out, much less do any research of your own.
My first two statements still stand and as far as the prosecution using the fact that the guy had a 10mm with holow points in it to somehow convince the jury that this is inappropriate is in it's self inappropriate. As we all know we carry hollow points and large calibers for the very reason the prosecution stated.

However, I think the point of all of this was about making modifications that may cause us legal trouble in the future. If your sheriff does not restrict what you can add to your CCW firearm than I believe you should be able to add whatever you need to make the outcome of a self defense situation turn out in your favor.
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Old 10-30-2009, 02:03 AM
Aurelius Aurelius is offline
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Default Incompetent Lawyer?

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.
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  #18 (permalink)  
Old 10-30-2009, 10:04 AM
LuckyDog LuckyDog is offline
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Originally Posted by EM2 View Post
I think the point of all of this was about making modifications that may cause us legal trouble in the future.
Check out the Proarms podcast regarding trigger modifications and self-defense: ProArms » Blog Archive » 022 Pull my Trigger

Quote:
I believe you should be able to add whatever you need to make the outcome of a self defense situation turn out in your favor.
I believe a self-defense situation does not turn out in your favor until after the DA decides it was justifiable homicide and no civil lawsuits are filed. Therefore I will do whatever is appropriate to ensure I don't end up in jail or sued for everything I have. You lose whether you are carried by twelve or tried by six--especially when you have a family that depends on you for support.

We live in a world where violence can strike without notice. This is not right but we accept it can happen. That is why we choose to go armed. We also live in a world where juries or lawyers can find us guilty even when we did everything right. This too is not right but I accept it can happen. That is why I choose to give would-be prosecutors as little rope to hang me with as possible.

Here's a recent news article that shows how unjust the courts can be:
The Patch family argued aluminum bats are dangerous because they cause the ball to travel faster than those hit off wooden bats. They said Brandon did not have enough time to react after the ball was hit and the line drive killed him.

Although the jury did award the Patch family $850,000 saying that H&B, makers of Louisville Sluger bats, failed to place warning labels on the aluminum bats, they also said the bat was not defective.
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