State v. Case, 304 Neb. 829 (NE Sup. Ct. 2020) LOSD SUMMARY This case involves the issue of whether self-defense is available to a person who unjustifiably places himself in harm’s way—for example, by leaving a position of safety to confront another person. As I always caution, it never much looks like self-defense when you […]
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State v. Hall, 2020 N.C. App. LEXIS 75 (NC Ct. App. 2020) LOSD Summary: This case involves a man who robbed a marijuana dealer, and then some months later decided to purchase marijuana from the dealer he had robbed, conducting the transaction through the marijuana dealer’s closed front door. While attempting the purchase, he came
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Coleman v. State, 2020 Miss. App. LEXIS 14 (MS Ct. App. 2020) LOSD Summary: This case involves a shooter arguing with several men standing in front of a house across the street. The shooter begins firing at the several men, who flee into the house. One of the fleeing men is shot in the neck
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State v. Williams, 2020 Minn. App. Unpub. LEXIS 59 (MN Ct. App. 2020) LOSD Summary: This case involves a woman who stabbed her boyfriend to death in their trailer home. When interviewed by police the woman conceded the stabbing, but said it was done in self-defense. Interestingly, this is not an appeal following a completed
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People v. Gunn, 2020 IL App (4th) 170653 (IL Ct. App. 4th 2020) LOSD Summary: This case involves a knife fight at a party, in which the defendant killed the victim, and was charged, tried, and convicted of murder. The defendant appeals largely on the ground of claimed ineffective assistance of counsel. Ineffective assistance claims
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State v. Watson, 195 Conn. App. 441 (CT Ct. App. 2020) LOSD Summary: This case involves a defendant who was dealing with an invited guest into his home, when the guest refused to leave when asked and thus became a trespasser. A non-deadly force effort to remove the trespasser escalated into a knife fight, and
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Torres v. State, 2020 Tex. App. LEXIS 428 (TX Ct. App. 5th 2020) LOSD Summary: This case touches upon the two burdens of proof on self-defense, distinguishing the burden of production (on the defendant to show some evidence) and the burden of persuasion (on the state to disprove self-defense beyond a reasonable doubt). This case
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Hiden v. State, 2020 Tex. App. LEXIS 338 (TX Ct. App. 4th 2020) LOSD Summary: This is an interesting case involving losing the element of innocence, and thus losing self-defense, because of an act of provocation. Provocation here is distinguished from losing innocence by being the initial aggressor. An initial aggressor is generally the first
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Davis v. State, 2020 Tex. App. LEXIS 310 (TX Ct. App. 1st 2020) LOSD Summary: This case discusses the legal distinction between a killing that constitutes a murder and one that constitutes a reckless homicide. In murder, there is an intent to kill. In reckless homicide the intent to kill is lacking, but there is
Davis v. State, 2020 Tex. App. LEXIS 310 (TX Ct. App. 1st 2020) Read More »
State v. Debord, 2020-Ohio-57 (OH Ct. App. 12th 2020) LOSD Summary: Prior to March 28, 2019, Ohio was the last state that imposed the burden of persuasion for self-defense, for all cases, on the defendant to prove self-defense by a preponderance of the evidence. On March 28, 2019, Ohio joined the rest of the nation
State v. Debord, 2020-Ohio-57 (OH Ct. App. 12th 2020) Read More »
