On Friday, May 3 a Florida deputy responded to a domestic violence call.  Arriving at the apartment complex the deputy was met by the woman who'd made the call, who directed him to apartment 1401, in which she believed the violence to be occurring.  The deputy knocked on the door, standing on either side for purposes of safety.  When the door opened, the deputy was presented with a man with a gun plainly visible in his hand. The deputy immediately drew his service pistol and sh...

REAL LAWYER | The Roger Fortson Shooting: Awful? Lawful? Both?

Attorney Andrew F. Branca's weekly plain-English legal educational News and Question &amp; Answer show on American use-of-force law--self-defense, defense of others, and defense of property, to enable law-abiding people to make better informed, more confident, more decisive, and more lawful use-of-force decisions.&nbsp;

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A New York City liquor store owner finds two men stealing, and shoves them out the door onto the sidewalk.  A verbal dispute continues, and one of the thieves charges at the store owner standing in his doorway, punching and kicking.  The store owner then follows the thief out onto the sidewalk, and throws a right hand at the thief. In that right hand, however, was a pistol, and it discharges as the blow lands, resulting in a gun shot wound to the thief. Presumably the shot is uninte...

OOPS BANG! Unintentional Shooting = Self-Defense?

Very brief, personal show today, folks--this will be my one and only public statement regarding the recent news about my friend Nick Rekieta.No emotionless legal analysis today--just personal commentary and introspection. I rather doubt we'll go 10 minutes.Back on the regular schedule tomorrow, Saturday, May 25, with our review of the NYC liquor store shooting.

Fighting Demons: My Friend, Nick Rekieta

A Wyoming cop UNLAWFULLY breaches a man's home, homeowner shoots cop, cop kills homeowner--and the local prosecutor decides that's so obviously lawful self-defense that it doesn't even need to go to a jury.Wait, WHAT?THERE IS ONLY ONE SELF-DEFENSE "INSURANCE" PROVIDER I TRUST!There are lots of self-defense "insurance" companies out there. Some are hot garbage. Some have limited resources. Some are simply, in my view, untrustworthy. But there is ONE that I PERSONALLY TRUST to protect myself an...

Wyoming Cop As Killer Home Invader?

Is it possible that pointing what one knows to be a real gun at another human being, cocking the hammer, pulling the trigger, contrary to all industry practices and safety guidelines, and without first ensuring there is no live ammo in the gun, and killing someone as a result, is simply not a crime?Earlier this month the defense lawyers for Alec Baldwin--awaiting trial on a charge of involuntary manslaughter for the shooting death of cinematographer Halyna Hutchins on the movie set of "Rust" ...

Baldwin Lawyers Argue 'Rust' Killing Simply Lawful

Yesterday Judge Mary Marlowe Sommer, presiding over the upcoming manslaughter trial of Alec Baldwin, for the killing of cinematographer Halyna Hutchins on the set of low-budget western movie "Rust," held a hearing to resolve a motion by Baldwin's highly paid defense team asking that the grand jury indictment against their client be dismissed. Arguing counter to that defense motion is prosecutor Kari T. Morrissey. Morriseey also prosecuted the manslaughter charges against "Rust" armorer Hannah...

REAL LAWYER | The Roger Fortson Shooting: Awful? Lawful? Both?

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