DoubleActionCHL
Well-Known
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[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]
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[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]
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[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]
[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]
