Email Blast 09/08/2009: More evidence that you NEED a good lawyer

Discussion in 'Texas Concealed Handgun (CHL)' started by DoubleActionCHL, Sep 8, 2009.

  1. DoubleActionCHL

    DoubleActionCHL Well-Known

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    Jun 23, 2008
    Spring, Texas
    [FONT][​IMG][/FONT]
    [FONT]Words of Wisdom, From John Farnam[/FONT]

    [FONT]As I tell my students, when you pull the trigger in a defensive shooting situation, the nightmare has just begun. Do you know what to do immediately after? Do you try to administer first aid? What do you say to the police? More importantly, what do you NOT say to police? You will need access to a criminal attorney IMMEDIATELY, and your Uncle Frank, the tax attorney just won't do. For more information about securing quality legal resources for you and your family, [FONT]CLICK HERE[/FONT] and complete the request form.[/FONT]

    [FONT]John Farnam, well-known and well-regarded firearms instructor distributes frequent email bulletins of interest. This one is, I believe, of particular importance:[/FONT]

    [FONT]7 Sept 09[/FONT][FONT]

    Courtroom Poker in CO. This from one of our Instructors who is also a well-known criminal-defense attorney:[/FONT]

    [FONT]
    [FONT]Just handed down on appeal here in CO:[/FONT]

    [FONT]The defendant had claimed self defense and appealed the judgment of conviction entered on a jury verdict that found him guilty of second-degree assault and conspiracy to commit second-degree assault.[/FONT]

    [FONT]The judgment was just affirmed on appeal.[/FONT]

    [FONT]Two important points:[/FONT]

    [FONT](1) Defendant contended that the Trial Court's jury instructions with regard to what constitutes legitimate self-defense were inadequate and incomplete. The jury should have been informed that the defendant had 'no duty to retreat' under State Law. But, the Appellate Court ruled that the Trial Court was not required to provide that specific information to the jury, sua sponte (without being asked to do so). Therefore, the Trial Court's omission does not constitute reversible error.[/FONT]

    [FONT](2) Defendant also argued that the Trial Court erred in permitting the prosecutor to argue that the defendant's flight in the aftermath of the incident demonstrated 'consciousness-of-guilt.' But, the Appellate Court indicated that such an argument on the part of the prosecutor was not improper and that it is indeed reasonable for the jury to infer that the defendant fled because he had a 'guilty conscience.'[/FONT]
    [/FONT]

    [FONT]
    [FONT]Comment:[/FONT] I know there is a lot of legal mumbo-jumbo that comes out of every court action, but, from the foregoing, we all need to reconfirm.

    (1) Get a good lawyer! Not everyone with a law degree is someone your want representing your best interests during the fight of your life. This is no place for amateurs and incompetents!

    (2) When involved in a lethal confrontation, or a potentially lethal one, be the first to call the police! Don't run and hide and hope no one will find you. Get a safe distance away when necessary, but get to a phone fast and meet police at the scene, identifying yourself as "the one who called." Much guilt will be inferred when you spontaneously "flee," as we see!

    /John
    _______________________________________________
    Dtiquips mailing list
    Dtiquips@clouds.com
    Copyright 2009 by DTI, Inc. All rights reserved.[/FONT]
     


  2. pheet17

    pheet17 Active Member

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    Jun 24, 2009
    Baytown, Texas
    Falls right in line with everything you talk about in your classes. If your going to pull the trigger, you have to know the consequences of your action. Nobody is going to protect you more than you protect yourself. If you run and hide it makes you look guilty of something bad. And we all know public perception is a MF'er. :2cents:
     
  3. Wedge

    Wedge Member

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    Mar 2, 2009
    Great reminder and thanks. Got a lawyer from Dallas that does gun cases. I have his 24hr #. Cost me just under 400.00 for 4 years of coverage. Thats pennies in a actual case.CHL Protection Plan Member. www.chlpp.com #877-219-8488. I would also like to add when u call police dont mention u shot anyone just thats there has been a shooting and at the scene be polite but tell the officers u wont be able to say anything until u talk to your lawyer. He should be called just after u call police.
     
  4. TxEMTP69

    TxEMTP69 TGT Addict TGT Supporter

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    Rockport
    good info and yes assumptions is the mother of all... well you know
     
  5. slammr

    slammr Member

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    Plano, Tx
    Anybody got any further info on this; www.chlpp.com. What law office in N. Dallas or Collin County area provides support? I'd like to confirm
     
  6. Wedge

    Wedge Member

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    Mar 2, 2009
    Go to the website. They have a FAQ section that may help or call them. I found out about them through my CHL class.
     
  7. hkusp1

    hkusp1 TGT Addict TGT Supporter

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    DALLAS, TX
    father in law is a top notch lawyer got it covered
     
  8. wllmwallace

    wllmwallace Active Member Lifetime Member

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    Aug 14, 2009
    Denton, TX
    Wife...."What should I do...really do, if someone breaks in...?"

    My advice? - EMPTY THE WEAPON - shoot until you are dry. Shows "in fear for her life" more than if she puts two in the chest and one in the head (of which she is well capable). Also told her...you have a choice...you could be the ONLY one telling the officers what happened, or they could get TWO sides of the story...make sure the perp isn't telling his...
     
  9. DoubleActionCHL

    DoubleActionCHL Well-Known

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    Jun 23, 2008
    Spring, Texas
    I understand where you're going with this, but shooting wildly, emptying the weapon doesn't necessarily indicate fear. How about anger or a psychotic episode?

    By the same token, a controlled response doesn't necessarily indicate that she didn't experience a reasonable and immediate fear for her life. In reality, it most likely means that she trained and, in a crisis situation, defaulted to her level of training.

    And 'no comment' on the rest... :rofl:
     
  10. Greg_TX

    Greg_TX Well-Known

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    Aug 2, 2009
    Klein, TX
    What, if any, adverse effect would having lots of ammo have on your defense? In other words, the prosecutor arguing something like "The defendant has over 1,000 rounds of ammo in house - clearly more than needed for normal self defense. With such a stockpile, the defendant obviously was prepared to do great bodily harm to someone."
     

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