After four days of trial testimony, and with at most two defense witnesses yet to testify, there exists a distinct possibility that the defense has failed to meet its burden of production on self-defense. If so, the jury will not be instructed to consider self-defense as a possible legal justification for the shooting death of Jordan Davis. If if THAT is so, a murder conviction would appear utterly unavoidable, and well-deserved.
The only way to get a jury instruction before the jury at this point would appear to be to have Michael Dunn himself take the witness stand. If that is to happen, it will happen tomorrow morning.
For the whole, lengthy analysis, check out the full post over at Legal Insurrection:
Andrew F. Branca is an MA lawyer and the author of the seminal book “The Law of Self Defense, 2nd Edition,” available at the Law of Self Defense blog, Amazon.com (paperback and Kindle), Barnes & Noble (paperback and Nook), and elsewhere. In addition to the book, Andrew also conducts Law of Self Defense Seminars all around the country. Seminars for 2014 are currently being scheduled, if you’d like to see one held in your area fill out the comment box on the LOSD Seminar review page, where you can also see reviews of recently completed seminars in New Hampshire, Maine, Texas, Massachusetts, Ohio, Virginia, Florida, South Carolina, Georgia, and elsewhere. Andrew is also a contributing author on self defense law topics to Combat Handguns, Ammoland.com, Legal Insurrection, and others. You can follow Andrew on Twitter at @LawSelfDefense and using #LOSD2, on Facebook, and at his blog, The Law of Self Defense.