Andrew Branca, LOSD, on Zimmerman Panel at Cornell Law School

Hey folks,

Well, I just saw an official copy of the notice over at Legal Insurrection regarding my panel appearance at Cornell Law School on Thursday, September 14, 4PM to 6PM (Room G90, Myron Taylor Hall)

Admission is free, and the event is open to the public, but I’m told parking might be a challenge.  Still, I encourage all who are interested to attend.  I’m told refreshments will be served, but have no other details on that.

Right now it appears that it will be just Professor Jacobson and myself on the panel–which, if true, is going to be rather disappointing unless a bunch of hateful protestors show up to liven up the event.  I had hoped to be called a racist at least once while back on an academic campus.

Hope to see some of you there!

–Andrew, @LawSelfDefense


LOSD2 SEMINAR ALERT

Andrew is currently in the process of planning his Fall 2013 Seminars. Please see Law of Self Defense Seminars/Webinars to get more information.

STATE-SPECIFIC SUPPLEMENTS NOW AVAILABLE AT PRE-PUBLICATION DISCOUNT (38% OFF)

“The Law of Self Defense, 2nd Edition,” covers the current state of self-defense law in all 50 states. We’ve heard from many of you, however, that you’d like to dive even deeper into the self-defense law of your particular state–to have on hand the full-text of every self-defense statute, jury instruction, and even the full-text of the most important and controlling self-defense court decisions. Fitting 50-states worth of level of comprehensive detail would result in a book that weighs 500 lbs, which is why we didn’t take that approach in “The Law of Self Defense.” Due to the great demand for this further detail, however, we have begun rolling out a series of State-Specific Supplements that do provide exactly such  comprehensive coverage of each particular state’s self-defense law. Right now these are available on a pre-publication basis at a 38% discount, with delivery of each to occur over the next 2-3 months–pre-publication customers will, as always, receive their books first, with shipment to the general public not beginning until all pre-publication customers have first been sent their books.  To see the five states we are starting with, vote for other states to be covered, or to place your pre-publication order, click here:  State-Specific Supplements.

About Andrew F. Branca

Andrew is an Massachusetts lawyer in his third decade of practice and the author of the seminal book “The Law of Self Defense,, 2nd Edition” now available at www.lawofselfdefense.com and also at Amazon.com as either a hardcopy or in Kindle version.

He is also an attorney-member of the Armed Citizens Legal Defense Network, a Guest Instructor at the Sig Sauer Academy, an NRA Life-member and Certified NRA Instructor, and an IDPA Charter/Life member (IDPA #13) and Master-class IDPA competitor in CDP and SSP.

You can follow Andrew on Twitter on @LawSelfDefense and using #LOSD2, on Facebook, and at his blogThe Law of Self Defense.

Zimmerman Redux: The Breaking Louisiana Self-Defense Case of Merritt Landry

Merritt Landry, a 33-year-old “white caucasian” shot the victim, a 14-year-old black boy, in the head. A single spent cartridge case was recovered at the scene, indicating that a semi-automatic weapon was used and suggesting that a single shot was fired. The hour of the shooting was approximately 2:00AM, on Friday, July 26, 2013. As of this writing the victim is reported to remain alive, in critical condition at a local hospital.

The victim was shot within feet from the rear door of Landry’s dwelling in New Orleans, in an area accessible only by having to scale a locked fence, suggesting forcible entry onto the property by the victim.

Landry has been charged with attempted second degree murder. His bond was set to $10,000; he posted bond late Friday afternoon. Landry works for the City of New Orleans as a building inspector. The city says he has been placed on emergency suspension without pay pending the outcome of this case.

For our detailed coverage/analysis of this breaking Zimmerman-like self-defense case, click over to my post at Legal Insurrection:

Zimmerman Redux: The Breaking Louisiana Self-Defense Case of Merritt Landry

–Andrew, @LawSelfDefense


LOSD2 SEMINAR/WEBINAR ALERT

Andrew is currently in the process of planning his Fall 2013 Seminar Tour. This time he’ll be traveling from Boston, down the East coast, and then west to East Texas. We are also launching a series of webinars, essentially identical to the seminars, but accessible over the internet. Anyone interested in hosting or attending a seminar anywhere along that route, or participating in a webinar, please csee Law of Self Defense Seminars/Webinars to get more information.

Andrew F. Branca is an MA lawyer and author of the seminal book “The Law of Self Defense,, 2nd Edition” now available at www.lawofselfdefense.com and also at Amazon.com as either a hardcopy or in Kindle version.

You can follow Andrew on Twitter on @LawSelfDefense and using #LOSD2, on Facebook,, and at his blog, The Law of Self Defense.

Stand Your Ground: The “New” Self-Defense Doctrine That’s 136 Years Young

Much has been made lately of the self-defense legal doctrine of Stand-Your-Ground, mostly for political purposes unrelated to any actual legal application of the doctrine (for more on this, see here: Stand-Your-Ground: Gun Control Zombies Exploit Grieving Black Community).

Those denouncing Stand-Your-Ground characterize it as something “new,” a misguided initiative adopted in recent years by state legislatures that has now been clearly demonstrated to have profoundly negative unexpected consequences. “Why, under Stand-Your-Ground you can shoot and kill someone just because! And it’s totally legal!”

This has become the common refrain of the pro-thug crowd who now begrudgingly concedes that Zimmerman had to be acquitted based on the facts and the law of the case–but the problem, they say, is not the thug, but the law.

For my take on this misperception, and the force driving it, take a look at my morning post at Legal Insurrection:

Stand Your Ground: The “New” Self-Defense Doctrine That’s 136 Years Young

–Andrew, @LawSelfDefense, #LOSD2


LOSD2 SEMINAR ALERT

Andrew is currently in the process of planning his Fall 2013 Seminar Tour. This time he’ll be traveling from Boston, down the East coast, and then west to East Texas. Planned stops include (1) the Quantico area in Virginia, (2) Columbia, SC, (3) Atlanta, GA, (4) Houston, TX, (5) San Antonio, TX (6) Austin, TX (7) Dallas, TX, then back to Houston and the return trip back to Boston (with similar stops on the way home). Specific dates are being hashed out as I talk with groups interested in hosting seminars, but the trip will definitely be built around the Gun Rights Policy Conference being held in Houston, TX on September 27, 28, 29–so, which I am attending, so plan on the week before and the week after as likely seminar dates. Anyone interested in hosting or attending a seminar anywhere along that route, please contact me directly via the contact form on my blog to get more information.

Andrew F. Branca is an MA lawyer and author of the seminal book “The Law of Self Defense,, 2nd Edition” now available at www.lawofselfdefense.com and also at Amazon.com as either a hardcopy or in Kindle version.

You can follow Andrew on Twitter on @LawSelfDefense and using #LOSD2, on Facebook,, and at his blog, The Law of Self Defense.

Coveted Double-Mention of LOSD on Ace of Spades HQ

I don’t know if it’s ever happened before, but somehow I was lucky enough to get mentioned prominently not just once today, but twice, on the fantastic Ace of Spades HQ blog.

First mention came in the Sunday morning gun thread, because of my daily coverage of the Zimmerman trial:

Gun Thread 7/21/2013: Stand Your Ground On Stand Your Ground Laws

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Next came mention in the Sunday morning book thread, because of the release of my book, “The Law of Self Defense, 2nd Edition”:

Sunday Morning Book Thread 07-21-2013: All Zimmerman, All the Time

Screen Shot 2013-07-21 at 4.22.40 PM

 

Thanks a ton, Ace and co-bloggers!

In appreciation, I’ve made a discount coupon code available for all the Ace morons.  Use “LOSD2-AOS” at checkout to get $10 off plus free shipping.  This coupon will be available only until my wife finds out about it, so act fast!  🙂

–Andrew

 


Andrew F. Branca is an MA lawyer and author of the seminal book “The Law of Self Defense,, 2nd Edition” now available at www.lawofselfdefense.com and also at Amazon.com as either a hardcopy or in Kindle version.

You can follow Andrew on Twitter on @LawSelfDefense and using #LOSD2, on Facebook,, and at his blog, The Law of Self Defense.

Andrew Branca Talks Zimmerman, Self-Defense Law on Teri O'Brien Show

Hey folks,

Last week I was a guest on the great Teri O’Brien show, and had a fantastic time talking the just concluded Zimmerman trial and self-defense law in general. (I’m hoping I get invited back sometime, too–hint, hint. 🙂 ).

I’ve bee meaning to post up here about it right away, but with the rush of the past week just didn’t have time. Now, finally, there’s time.

The link below will take you to last Sunday’s episode of Teri’s show. I’m sure the whole thing is awesome, but my part starts at about the 39:30 minute mark.

Listen to internet radio with Teri OBrien on BlogTalkRadio

Enjoy!


Andrew F. Branca is an MA lawyer and author of the seminal book “The Law of Self Defense,, 2nd Edition” now available at www.lawofselfdefense.com and also at Amazon.com as either a hardcopy or in Kindle version.

You can follow Andrew on Twitter on @LawSelfDefense and using #LOSD2, on Facebook,, and at his blog, The Law of Self Defense.

Self-Defense Immunity Laws: Which States Protect You Best?

Hey folks,

Now that the Zimmerman criminal trial has concluded, much attention has focused on the prospects for Zimmerman seeking protection under Florida’s self-defense immunity statute from any possible civil action against him.

Florida’s statute 776.032, is among the broader self-defense immunity statutes, in that it possesses all four qualities of an optimal statute of this type.

Fully 29 states provide some degree of limitation of liability for the individual who has genuinely acted in self-defense, but there is considerable variety in terms of the scope and manner of protection provided.

To read all about it in my detailed post on Legal Insurrection, including the self-defense immunity states listed by state, click below:

Self-Defense Immunity Laws: Which States Protect You Best?

–Andrew, @LawSelfDefense, #LOSD2

Facebook:  Law of Self Defense


Andrew F. Branca is an MA lawyer and author of the seminal book “The Law of Self Defense,, 2nd Edition” now available at www.lawofselfdefense.com and also at Amazon.com as either a hardcopy or in Kindle version.

You can follow Andrew on Twitter on @LawSelfDefense and using #LOSD2, on Facebook,, and at his blog, The Law of Self Defense.

The Marissa Alexander Case Wasn't About "Stand-Your-Ground" Either

Hey folks,

By now some of you may have heard about the Marissa Alexander case in Florida.

Many people are trying to twist the facts of this case in a fashion that will be familiar to the rational among us who watched the Zimmerman case.

Essentially they want to know why Florida’s stand-your-ground law was sufficient to win Zimmerman an acquittal yet when applied in the Alexander case it produced a speed-of-light guilty verdict in a mere 12 minutes (did the jurors even bother to sit down, or were they putting on their coats while coming to consensus?), and a sentence of 20 years.

I did a lengthy analysis of this issue over at Legal Insurrection–take a look here:

The Marissa Alexander Case Wasn’t About “Stand-Your-Ground” Either

–Andrew, @LawSelfDefense, #LOSD2

Facebook:  Law of Self Defense

 


 

Andrew F. Branca is an MA lawyer and author of the seminal book “The Law of Self Defense,, 2nd Edition” now available at www.lawofselfdefense.com and also at Amazon.com as either a hardcopy or in Kindle version.

You can follow Andrew on Twitter on @LawSelfDefense and using #LOSD2, on Facebook,, and at his blog, The Law of Self Defense.

WSJ: Legal Insights on the Zimmerman Verdict

Screen Shot 2013-07-14 at 12.17.46 PM
July 14, 2013, 12:02 PM ET

Legal Insights on the Zimmerman Verdict

By Joe Palazzolo

George Zimmerman leaves court with his family after Zimmerman’s not guilty verdict was read in court.
George Zimmerman leaves court with his family after Zimmerman’s not guilty verdict was read in court.

We asked a panel of self-defense experts for reactions to a jury finding George Zimmerman not guilty of all charges in the death of Trayvon Martin.

Joshua Dressler, a professor at The Ohio State University Michael E. Moritz College of Law, said the acquittal came as no surprise. In an email to Law Blog, he wrote:

Given the presumption of innocence and Florida’s Stand Your Ground law, which places an even greater burden of proof on the prosecutor, the acquittal was no surprise in light of the conflicting evidence.  One could see that the prosecutor knew he was in trouble when he asked to include a manslaughter count, and even tried the outrageous felony-murder count (that the judge rejected).  Race was never expressly raised, but it was still there lurking.  The question that the criminal trial didn’t answer, and probably couldn’t is whether, had Trayvon Martin had been white, Zimmerman would have grown suspicion and confronted the person so aggressively.

The state’s 2005 “Stand Your Ground” law removed a person’s duty to try to run away in the face of danger before using deadly force, created a presumption that such force is lawful and immunized those who kills in self-defense from prosecution and private lawsuits.

The law provides that a person who claims to have killed in self-defense can seek a court ruling, before any trial, that they acted legally, but Mr. Zimmerman and his lawyer decided against that option and presented his case directly to a jury.

Still, according to Mr. Dressler, the law played a role in the trial.

The statute itself places the burden of persuasion regarding self-defense on the prosecutor  — to prove that the defendant did NOT act in self-defense.  In the past, in most states, if a defendant claimed self-defense, it was up to the defendant to prove he DID act in self-defense.  So the SYG law in this case had an important legal impact.

Stephen P. Garvey, a professor at Cornell Law School, said he thinks the jury “got it right.”

Unless you think Zimmerman “provoked” the use of force against himself it was pretty easy to find self defense. If you think he did “provoke” the use of force you have a pretty expansive view of provocation. Think about it. Even if Zimmerman did follow Martin, should that mean he loses the right to defend himself when thereafter faced with an imminent threat of death or serious bodily harm?  Following someone when maybe you shouldn’t make you guilty of murder, or even manslaughter.

Andrew Branca, a Massachusetts lawyer and author of “The Law of Self Defense, 2nd Edition,” went even further. The Zimmerman case, he said, “would make a very nice case study of the justifiable use of deadly force in self-defense for a law school criminal law text book.”

Mr. Branca explained why the most recognizable aspect of the “Stand Your Ground” law didn’t apply in Mr. Zimmerman’s case.

“Stand your ground” is a legal release from the traditional duty to retreat, if safely possible, before using force in self-defense.  When safe retreat is not possible, however, the duty does not apply.  If the duty does not apply, “stand your ground” is not needed to release you from that duty. In this case, at the moment George Zimmerman used deadly force in self-defense his attacker was pinning him to the ground and reaching for his gun. [This is Mr. Zimmerman’s version of events.] Under such circumstances no reasonable avenue of self-defense exists, so there is no duty to retreat even absent “stand your ground.”

The next legal issue will likely center on Florida’s self-defense immunity statute, 776.032, he said. (The immunity provision was passed as part of the “Stand Your Ground” law.)

While Mr. Zimmerman’s defense lawyers elected against seeking immunity before trial, they have said they will do so should he face a private lawsuit related to Trayvon Martin’s death, Mr. Branca noted.

Copyright 2013 Dow Jones & Company, Inc. All Rights Reserved

 

Angela Corey's "Downfall"– LMAO Funny!

Hey folks,

Just learned that Evi L. Bloggerlady (@MsEBL on Twitter) put together a “Downfall” video for the Zimmerman verdict.

It is fall-off-your-chair funny. If you are eating or drinking, stop before watching the video, or be prepared to do an extensive cleaning of your computer.

Hey @MsEBL, there’s a nicely autographed book on its way you to you! Thanks!

–Andrew, @LawSelfDefense

Zimmerman Trial: VERDICT–NOT GUILTY See video!

The Zimmerman trial jury returned a guilty of NOT GUILTY this evening.

I’ll have a great deal more to say about this case in the coming days, but for the moment I’m going to leave you with simply the verdict.  A little tired after several weeks of very, very, long days.

–Andrew, @LawSelfDefense