11 results for 'cat:"Firearms" AND cat:"Self Defense"'.
J. Pickering finds the trial court properly convicted defendant for murder. Defendant admitted to firing his gun at the victim, whom he had followed in his vehicle after observing the victim's aggressive driving. Though defendant says he fired without looking and in self-defense, testimony from a witness, as well as testimony from defendant's friend and daughter regarding his angry and confrontational character, support the conviction. The court properly admitted evidence from other shootings during the penalty phase of trial. Furthermore, defendant fails to show mitigating circumstances. Affirmed.
Court: Nevada Supreme Court, Judge: Pickering , Filed On: April 12, 2024, Case #: 83531, Categories: firearms, Murder, self Defense
J. Perry finds that defendant was properly convicted of murder and possession of a firearm by a convicted felon stemming from the shooting death of a victim who was a paraplegic. Defendant's threatening actions towards the victim before the shooting and other evidence was sufficient to refute his claim that the homicide was justified. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: April 3, 2024, Case #: KA-23-554, Categories: firearms, Murder, self Defense
J. Petersen finds that the trial court properly conducted a pretrial justification hearing at which defendant made a prima facie showing that he fired seven shots in self defense after a snowplow repeatedly rammed his SUV. He showed both a subjective and an objective belief that the snowplow was turning to strike his vehicle again and endanger him and his passenger.
Court: Utah Supreme Court, Judge: Petersen, Filed On: March 14, 2024, Case #: 20220325, Categories: firearms, self Defense
J. Lynch finds the trial court properly allowed the prosecution to name a witness the day before she testified in defendant's trial on attempted murder charges. Not only was the existence of the witness discovered while prosecutors prepped another witness for trial, but her testimony about phone calls exchanged with defendant on the day of the shooting was not particularly important to the case. Meanwhile, although there was some evidence to support defendant's self-defense claim, including threats made by the victim, his motion for acquittal on these grounds was properly denied. He knew the victim did not have a gun at the time of the shooting and knew exactly where the victim would be at that time of day. Affirmed.
Court: Ohio Court Of Appeals, Judge: Lynch, Filed On: December 4, 2023, Case #: 2023-Ohio-4368, Categories: firearms, Murder, self Defense
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J. Deahl reverses a man’s unlawful possession of a firearm conviction, which he received because he did not immediately drop his weapon after defending himself against drive-by shooters. A person who has a weapon only for self-defense is not required to "drop it like a hot potato the moment they recognize that the threat on their life has ceased, nor would it be socially desirable to incentivize them to do so rather than pursuing a more sensible means of relinquishing the firearm.” Reversed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: November 16, 2023, Case #: 19-CF-0511 , Categories: firearms, self Defense
J. Pipkin finds that the trial court properly denied defendant's motion for a new trial following his voluntary manslaughter and firearm convictions. Sufficient evidence was presented to support defendant's convictions and to allow the jury to find that defendant did not kill the victim in self-defense. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: August 14, 2023, Case #: A23A1137, Categories: firearms, self Defense, Manslaughter
J. Mathis finds the trial court erroneously failed to make factual findings regarding defendant's self-defense claim during sentencing for his assault conviction. Although defendant was a felon in possession of a firearm, the government was required to prove by a preponderance of the evidence he did not act in self-defense before the court could impose a sentencing enhancement, which it did not. Reversed.
Court: 6th Circuit, Judge: Mathis, Filed On: July 28, 2023, Case #: 22-3799, Categories: firearms, Sentencing, self Defense
J. Jensen finds that the circuit court properly entered judgment after a jury convicted and sentenced defendant for second-degree murder and three counts of aggravated assault. The event stemmed from a social media altercation which led to defendant firing a weapon, killing a bystander and wounding two others. Defendant claims he acted in self-defense and that he was prejudiced when the jury was informed that he was recently released from prison and should not have been able to possess a firearm. Affirmed.
Court: South Dakota Supreme Court, Judge: Jensen, Filed On: July 12, 2023, Case #: 2023SD32, Categories: firearms, Murder, self Defense