Attorney Andrew Branca

COTW: Second Bite from the Apple Under Ohio’s New Self-Defense Law?

This week’s Case of the Week is an unanimous decision out of the Ohio Court of Appeals, State v. Krug, released just this past Monday, March 18. It deals with a defendant, Krug, who was convicted of several stabbings in 2007 and sentenced to 37 years in prison after his claim of self-defense was found unpersuasive by the jury. With plenty of free time on his hands, Krug has already appealed his conviction three times, …

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Law of Self Defense Show (3-17-19)

This week’s “Law of Self Defense Show,” with the topic “Prioritizing Your Self-Defense Resources” is now available for viewing at lawofselfdefense.com/blog! The “Law of Self Defense Show” is FREE to LOSD Members, and Bronze-level membership is FREE, so I urge you to learn about membership at lawofselfdefense.com/join. Also, we have only three seats left for our Law of Self Defense LEVEL 1 Live Online Class on Saturday, April 6. We only have this one scheduled …

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POTD: Utah Seeks to Become a “Hard” Stand-Your-Ground State

Today’s Post of the Day observes that Utah is once again making an effort to progress from being a mere “soft” Stand-Your-Ground state to a “hard” Stand-Your-Ground state. Recent progress on this effort is marked by the Utah state senate voting by a wide margin of 18 to 8 to advance the “hard” SYG bill, HB 114 (embedded below), to the state house. (I note in passing that every vote for the “hard” SYG bill …

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POTD: Officer Fires 15 Rounds Through Windshield: Good Shoot?

A week ago today the Little Rock Police Department released a statement regarding a February 22 use-of-force incident in which one of its officers fired 15 rounds through the windshield of a stolen car, killing the alleged thief. What’s notable about this event is how thoroughly the department aggregated various video footage of the shooting and the events leading up to the shooting, and their willingness to release that video footage to the public. The …

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COTW: Man Shoots Home Intruder, Charged with Murder, Accepts Manslaughter

This Case of the Week is on an interesting defense of dwelling situation out of Louisiana that illustrates both that the legal risks for use of force are never zero, no matter how favorable the law appears to be to the defender, and also why a defender with the law on their side might nevertheless agree to plea to a felony conviction with a multi-year sentence. Facts of the Case: Simple View The basic facts …

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POTD: Will Florida’s Revised Self-defense Immunity Law Apply Retroactively?

The Florida supreme court heard arguments this week on whether the newest flavor of Florida’s self-defense immunity law, which was last substantively revised in 2017, ought to apply retroactively to cases that were charged prior to that change. Naturally, and despite the fact that the linked news article was published on a site called “LAW.COM,” the article repeatedly miscalls Florida’s self-defense immunity law the state’s “stand-your-ground” law. In fact, self-defense immunity and “stand-your-ground” are two …

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Law of Self Defense Show: March 11, 2019

This week’s Law of Self Defense Show answered such questions as: “What percent of self-defense hearing are successfully attacked by prosecutors” “Which of the five elements of self-defense are most successfully attacked? Which one do self-defenders most often screw up? Which pillar is the hardest to get right? Why?” “Why are jurors not allowed to pause trial & ask questions?” “What are thoughts on defending against Tasers and stun guns with a firearm?” and more! …

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POTD: Explained: Former Cop Nouman Raja Convicted in Florida

Former Florida cop Nouman Raja was convicted by jury yesterday of manslaughter by culpable negligence and attempted first-degree murder with a firearm for the 2015 shooting death of Corey Jones, reports NBC News and other sources. Attorney Benjamin Crump, a prominent leader in the racial grievance industrial complex, is involved in this matter as a “friend of the [Jones] family,” an oft-adopted role by Crump that also positions him to reap a financial windfall when …

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POTD: Arkansas “Stand-Your-Ground” Bill Dies In Committee

The Associated Press and other news sources are reporting that the “Stand-Your-Ground” (SYG) bill that had been under consideration by the Arkansas legislature has died in a state senate committee on a 4-3 vote. Arkansas thus remains one of the minority of 13 states that imposes a legal duty to retreat before one may act in self-defense, the so-called ‘Duty-to-Retreat” states. That bill, SB484 is embedded at the bottom of this post. It’s worth noting …

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COTW: Gun versus Car: A Legal Analysis

This Case of the Week is on a fight in Charlotte NC between two men, one of whom was armed with a gun, and the other armed with a car. You can read the news report on this by clicking here. The man armed with a gun was a law enforcement officer investigating a known bad guy. Officers sought to make contact with the bad guy at a local bar after hearing the bad guy …

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