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Attorney Andrew Branca

News Post: Conduct Prior, During, and After Fight All Shape Self-Defense

Naturally, what you do during a fight is likely to be decisive in terms of whether your use of force was lawful self-defense or the unlawful force of an aggressor. Indeed, what you do prior to a fight can be used to infer particular states of mind, such as an intent to provoke a confrontation, or a degree of malice or animus towards the person against whom you used force, both of which are inconsistent …

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UPDATE: FL Shooter of Shoplifter Charged with Murder

Michael Dunn, a City Commissioner of Lakeland FL who on October 3 shot and killed a shoplifter in his store, has been indicted and charged with second-degree murder, arrested at his attorney’s office yesterday evening, and is being held without bail, reports the Tampa Bay Times.   You can view my earlier post on this matter by clicking here.  As I noted in summary in that post: The facts of this case as we know …

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News Post: NC Prosecutor OK with Shot Fired Against Punch

A news story out of rural North Carolina describes how a victim of road rage aggression fired a shot into the aggressor in response to the aggressor’s thrown punches, and concludes with the local prosecutor giving the OK to the shooter and charging the aggressor with misdemeanor simple assault and the traffic violation of following too closely. I know what you’re thinking: “But Andrew keeps telling us that you can’t go to the gun in …

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News Post: #FakeNews: Freddie Gray’s ‘Rough Ride’

A news story out of St. Louis MO describes how a police officer, Lori Wozniak, was criminally charged with two counts of misdemeanor assault for purportedly giving a “rough ride” on August 2 to two arrestees being transported in her vehicle. As the story reports: Wozniak was reportedly upset at the men, who had been arrested for petty vandalism, for making rude comments about her to each other. According to charging documents, Wozniak told the …

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COTW: Use of Deadly Force Against Shoplifter Stealing A Hatchet

On October 3, 2018, Michael Dunn—a City Commissioner for the city of Lakeland FL—shot and killed Cristobal Lopez as Lopez was shoplifting a hatchet from Dunn’s store.  The shooting occurred as Dunn was attempting to stop Lopez from leaving the store with the hatchet. The struggle at the door, the shooting, and the rapid demise of Lopez were all captured on the store’s security recording, which you can view by clicking here. The facts of …

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SHOW: Qualified Immunity, Judge Don Willett, Q&A

Hey folks, In this episode we discussed: The legal doctrine of qualified immunity, and an excellent critical opinion on the doctrine by 5th Circuit Judge Don Willett.  50% sale on state-specific DVDs for OH, WV, OR, and TN, valid ONLY THROUGH SUNDAY, OCTOBER 21! Ohio:  http://www.lawofselfdefense.com/ohiodvd West Virginia:  http://www.lawofselfdefense.com/westvirginiadvd Oregon:  http://www.lawofselfdefense.com/oregondvd Tennessee:  http://www.lawofselfdefense.com/tennesseedvd We also did a TON of Q&A. I hope you enjoy the show! –Andrew

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News Post: Michael Strickland to Appeal Gun Convictions

Readers may recall that on July 7, 2016  Michael Strickland–a self-described “citizen journalist” decided to attend a Portland OR “Black Lives Matter” event, purportedly for reporting purposes.   Strickland had through his previous blogging on BLM become well-known to many of the people active in the Portland BLM movement, and he was recognized at the rally.  This resulted in a crowd of rather aggressive and threatening people surrounding Strickland. Strickland responded by pulling a Glock …

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Rider Mower Used to Neutralize Chainsaw Attacker

In a case out of Blountsville TN we have a curious case in which a man used his rider mower to defend against chainsaw-wielding attacker. I kid you not. The outcome?  Rider mower for the win–the chainsaw-wielding attacker ended up losing his leg to the mower.  Not only that, but the chainsaw-wielding attacker has now been charged with attempted second-degree murder, and the defender’s use of the riding mower as a defensive weapon has been …

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Consciousness of Guilt Evidence: Just Don’t

Out of West Palm Beach FL we have a jury deliberating over a murder charge in which the defendant purportedly shot and killed the victim over a $10 marijuana debt.  Nothing too remarkable about that, I suppose.  Naturally, the defendant claims that he shot the victim in self-defense.  Given that the only two witnesses were the defendant and the deceased victim, crafting a compelling narrative of self-defense might not have been all that difficult–after all, …

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