Case Laws

State v. Broadway, 2020 La. App. LEXIS 78 (LA Ct. App. 2nd 2020)

State v. Broadway, 2020 La. App. LEXIS 78 (LA Ct. App. 2nd 2020) LOSD Summary: This case is another example of that oddity of Louisiana law in some of its judicial circuits where in cases of non-homicide claims of self-defense (in which nobody is killed), the burden of proof on self-defense is on the defendant […]

State v. Broadway, 2020 La. App. LEXIS 78 (LA Ct. App. 2nd 2020) Read More »

Howard v. State, 2020 Fla. App. LEXIS 403 (FL Ct. App. 2nd 2020)

Howard v. State, 2020 Fla. App. LEXIS 403 (FL Ct. App. 2nd 2020) LOSD Summary: Interesting case in which the defendant’s pre-arrest silence on the issue of self-defense when interacting with responding officers was used against him in court. Under Florida law, such pre-arrest silence may not be used as evidence against a defendant, and

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People v. Lewis, 2020 Cal. App. Unpub. LEXIS 306 (CA Ct. App. 2nd 2020)

People v. Lewis, 2020 Cal. App. Unpub. LEXIS 306 (CA Ct. App. 2nd 2020) LOSD Summary: Case touches upon the issue of using a deadly weapon (in this case, a knife) against a bare-handed attack. Court of Appeal of California, Second Appellate District, Division One January 15, 2020, Opinion Filed B293534 2020 Cal. App. Unpub.

People v. Lewis, 2020 Cal. App. Unpub. LEXIS 306 (CA Ct. App. 2nd 2020) Read More »

State v. Martinez, 2020 Ariz. App. Unpub. LEXIS 46 (AZ Ct. App. Div. 1 2020)

State v. Martinez, 2020 Ariz. App. Unpub. LEXIS 46 (AZ Ct. App. Div. 1 2020) LOSD Summary: Good example of a defendant claiming self-defense, in the context of evidence that could credibly support that claim of self-defense, but who then himself provides testimony that is completely inconsistent with self-defense, thereby self-destructing his self-defense claim. Court

State v. Martinez, 2020 Ariz. App. Unpub. LEXIS 46 (AZ Ct. App. Div. 1 2020) Read More »

Taylor v. State, 2020 Tex. App. LEXIS 125 (TX Ct. App. 13th 2020)

Taylor v. State, 2020 Tex. App. LEXIS 125 (TX Ct. App. 13th 2020) LOSD Summary: This case involves a defendant who purportedly caused his father life-threatening injuries by attacking him with a baseball bat, resulting in a charge of aggravated assault. At trial the defendant/son would claim that it was his father who attacked him,

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Jordan v. State, 2020 Tex. App. LEXIS 63 (TX Ct. App. 5th 2020)

Jordan v. State, 2020 Tex. App. LEXIS 63 (TX Ct. App. 5th 2020) LOSD Summary: This case involves a defendant who shot and killed the victim in a hotel room, in claimed self-defense. The case nicely illustrates how even when the defense presents a coherent narrative of self-defense, it’s quite possible for the state to

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Commonwealth v. Brooks, 2020 Pa. Super. Unpub. LEXIS 93 (PA Sup. Ct. 2020)

Commonwealth v. Brooks, 2020 Pa. Super. Unpub. LEXIS 93 (PA Sup. Ct. 2020) LOSD Summary: This case involves a defendant who drove his car into the victim, causing serious injury. At trial the defendant claimed he did so in self-defense, arguing that he reasonably believed the victim possessed a gun and was about to use

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Commonwealth v. Boston, 2020 Pa. Super. Unpub. LEXIS 87 (PA Sup. Ct. 2020)

Commonwealth v. Boston, 2020 Pa. Super. Unpub. LEXIS 87 (PA Sup. Ct. 2020) LOSD Summary: This case involves a defendant who killed a victim by a “.38-caliber semi-automatic handgun” in claimed self-defense during a drug-deal gone bad, when the defendant claims he was being attacked by a disparity of numbers, one of whom wielded a

Commonwealth v. Boston, 2020 Pa. Super. Unpub. LEXIS 87 (PA Sup. Ct. 2020) Read More »