did she get off on a technicality? interesting write-up from Branca

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  • Bozz10mm

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    Oct 5, 2013
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    Short version. Woman gets charged with the use of deadly force arising from a spat with another woman. She brandished a firearm. Judge gives wrong or improper instructions to the jury. Woman is convicted. Woman appeals on the grounds that brandishing in itself is not deadly force and that the judge did not instruct the jury properly. Woman is exonerated.
     

    leVieux

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    BUT,

    BE WARNED:

    Any display of a firearm during a dispute will be called "brandishing" by media, and that will be implanted in potential juror minds.

    It will be re-enforced by deceptive prosecutors.

    Never mind the actual definition of the words "brandish" or "brandishing".

    leVieux
     

    candcallen

    Crotchety, Snarky, Truthful. You'll get over it.
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    Little Elm
    From what I understand of the case, no gun was displayed till after the supposed victim started ramming cars with 2 year olds in them.

    There is enough fail to go around here but a defensive display doesnt seem unreasonable under the circumstances. So yes the judge failed, AS DID THE DEFENSE because all parties are involved in jury instructions and can raise objections about limited info or improperly added info. I doubt the defense realized this or it would have been a MAJOR part of her defense. Unless the judge wouldnt allow it. I doubt very seriously that's the case as it would have been litigated and appealed as soon as the judge made the decision. Another case of your defense is as competent and effective as your pocket book.

    I dont want to do the usual nitpicking of gun angle, pointed up or at ready, where the cars were arguments etc. Its not relevant to weather the judge failed.

    The jury if properly instructed would have decided weather a defense display was lawfull. That's where those questions are relevant.


    Oh ya, THIS IS WHY YOU CALL POLICE IF FORCED INTO SIMILAR SITUATIONS. There were enough competent people, acting like adults is questionable but competent yes, there and that should have been done asap after the ramming occurred and 2 year old was safe. Its obvious the danger of an imminent ADW just increased. Sane people dont ram cars over arguements.

    The line between defense display and ADW is razor thin.
     
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