Case Laws

In the Court of Appeals v. Litaker, 2020 N.C. App. LEXIS 33 (NC Ct. App. 2020)

In the Court of Appeals v. Litaker, 2020 N.C. App. LEXIS 33 (NC Ct. App. 2020) LOSD Summary: This case involves a convicted felon who used a handgun in claimed self-defense. The case raises the issue of when a convicted felon, who is normally prohibited from possessing or using any firearm, may nevertheless use a […]

In the Court of Appeals v. Litaker, 2020 N.C. App. LEXIS 33 (NC Ct. App. 2020) Read More »

People v. Brown, 2020 Mich. App. LEXIS 69 (MI Ct. App. 2020)

People v. Brown, 2020 Mich. App. LEXIS 69 (MI Ct. App. 2020) LOSD Summary: This case involves a murder defendant who was denied funding from the trial court for a specific expert witness on various use-of-force issues, despite the defendant’s claim of indigent status, and who then appealed that denial. The trial was paused while

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State v. Thomas, 2020 La. App. Unpub. LEXIS 7 (LA Ct. App. 1st 2020)

State v. Thomas, 2020 La. App. Unpub. LEXIS 7 (LA Ct. App. 1st 2020) LOSD Summary: This murder case out of Louisiana involves issues of disparity of numbers justifying deadly defensive force in the context of a fistfight, consciousness of guilt evidence in the form of lying to police and flight for purposes other than

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McCain v. State, 2020 Ind. App. LEXIS 2 (IN Ct. App. 2020)

McCain v. State, 2020 Ind. App. LEXIS 2 (IN Ct. App. 2020) LOSD Summary: Defendant shot and killed a man, was charged with murder, and at trial claimed self-defense. At the close of the trial the defendant also requested a separate jury instruction on voluntary manslaughter. The jury convicted the defendant of the lesser offense

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State v. Serigny, 2020 La. App. Unpub. LEXIS 8 (LA Ct. App. 1st 2020)

State v. Serigny, 2020 La. App. Unpub. LEXIS 8 (LA Ct. App. 1st 2020) LOSD Summary: Defendant was charged with aggravated battery for stabbing the victim in a fight, causing a non-fatal injury. The interesting facet of this case is that Louisiana law remains unclear on which part bears the burden of persuasion on self-defense

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People v. Artiaga, 2020 Cal. App. Unpub. LEXIS 129 (CA Ct. App. 6th 2020)

People v. Artiaga, 2020 Cal. App. Unpub. LEXIS 129 (CA Ct. App. 6th 2020) LOSD SUMMARY: A violent shoplifter argued at trial that he was entitled to a self-defense instruction because he was resisting the unreasonable defensive force of the merchant. Trial judge denied the self-defense instruction, defendant was convicted (and sentenced merely to probation).

People v. Artiaga, 2020 Cal. App. Unpub. LEXIS 129 (CA Ct. App. 6th 2020) Read More »

People v. Palomar, 2020 Cal. App. LEXIS 4 (CA Ct. App. 2nd. 2020)

People v. Palomar, 2020 Cal. App. LEXIS 4 (CA Ct. App. 2nd. 2020) LOSD SUMMARY: Bare-handed attack that killed victim found at trial to qualify as second-degree murder, in part under doctrine of “implied malice,” and this conviction is affirmed on appeal in this decision. The decision has a dissent. Court of Appeal of California,

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Crum v. State, 2019 Tex. App. LEXIS 10296 (TX Ct. App. 2019)

Crum v. State, 2019 Tex. App. LEXIS 10296 (TX Ct. App. 2019) Court of Appeals of Texas, Sixth District, Texarkana August 22, 2019, Submitted; November 27, 2019, Decided No. 06-18-00202-CR 2019 Tex. App. LEXIS 10296 AARON TYLER CRUM, Appellant v. THE STATE OF TEXAS, Appellee Judges: Before Morriss, C.J., Burgess and Stevens, JJ. Memorandum Opinion by Chief Justice Morriss. Concurring

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Washer v. State, 2019 Fla. App. LEXIS 17123 (FL Ct. App. 2019)

Washer v. State, 2019 Fla. App. LEXIS 17123 (FL Ct. App. 2019) Court of Appeal of Florida, Fifth District November 15, 2019, Opinion Filed Case No. 5D19-663 2019 Fla. App. LEXIS 17123 WAYNE CHARLES WASHER, Appellant, v. STATE OF FLORIDA, Appellee. Counsel: Wayne Charles Washer, Cross City, Pro se. Ashley Moody, Attorney General, Tallahassee, and

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Bolduc v. State, 2019 Fla. App. LEXIS 13463 (FL Ct. App. 2019)

Bolduc v. State, 2019 Fla. App. LEXIS 13463 (FL Ct. App. 2019) Court of Appeal of Florida, Second District September 4, 2019, Opinion Filed Case No. 2D18-2734 2019 Fla. App. LEXIS 13463 | 2019 WL 4179818 ELTON BOLDUC, DOC #134739, Appellant, v. STATE OF FLORIDA, Appellee Counsel: Elton Bolduc, Pro se. Judges: SALARIO, Judge. MORRIS

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