Documentos de Académico
Documentos de Profesional
Documentos de Cultura
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A:
Each week Law of Self Defense staff review self-defense court decisions from around the country. Those
we find most interesting are summarized in each weeks Law of Self Defense: Weekly Law Report. The
cases are organized by state, in alphabetical order, first listed in summary fashion in the Table of Contents
and then by individual case.
Q:
The Law of Self Defense is well-known for translating the legalese of self-defense law into plain
English easily understood by non-lawyers, as you do in your books, seminars, online training, and
blog posts. Is the same effort made to translate the cases in these Weekly Reports into plain
English?
A:
Im afraid not. Translating legalese into plain English takes a lot of effort, and simply isnt tenable for
weekly reports of this type. Therefore we consider these reports a graduate-level product, for people
who already have a solid understanding of the legal principles of self-defense law. To get up to speed we
encourage you to start with our best-selling book, The Law of Self-Defense, 2nd Edition, (also available
from Amazon in print and Kindle, the NRA Store, and Gun Digest) which covers all 50 states at a high level.
You may also consider one of our state-specific live Law of Self Defense Seminars held all over the country
or state-specific online training classes. And, of course, theres always the Law of Self Defense Blog.
Q:
A:
No. Many cases that involve issues of self-defense also involve other issues unrelated to self-defense; we
only summarize the portions of the cases that directly involve issues of self-defense law. What we do
include are the case citation, a list of the key self-defense law issues covered in that case, the date of the
decision, and the text of the decision that discusses the specific self-defense laws of interest.
The goal is to provide the reader with an efficient way of deciding if they want to read the entire case.
Q:
A:
Every case summarized here is hyperlinked back to the full-length version of that case. We do, in fact,
strongly encourage you to read the entire text of any cases of particular interest to you, as that is the best
way to understand the fullest context of the courts decisions.
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Table of Contents
ILLINOIS
Page
People v. Scott, 2015 Ill. App. LEXIS 500 (IL Ct. App. 2015)
37
Key issues:
Victims violent character as admissible evidence
Burden of production, on the defendant, specific elements
Date:
INDIANA
Billeaud v. State, 2015 Ind. App. Unpub. LEXIS 739 (IN Ct. App. 2015)
Key issues:
42
Date:
July 1, 2015
OHIO
State v. Daigle, 2105 Ohio App. LEXIS 2639 (OH Ct. App. 2015)
Key issues:
Burden of production on the defendant
Burden of production, elements
Right to argue self-defense if also denying the use of force, inconsistent defenses,
permitted
Not required to admit elements of crime to receive self-defense instruction
Date:
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Illinois
People v. Scott, 2015 Ill. App. LEXIS 500 (IL Ct. App. 2015)
Key issues:
Victims violent character as admissible evidence
Burden of production, on the defendant, specific elements
Date:
Decision:
Following a jury trial, defendant Joseph Scott was
BACKGROUND
Strickland test.
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was going to shoot the gun, and then Grover told him
gun. The fight ended after Scott grabbed the gun from
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Grover.
murder.
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incarceration.
Lynch Evidence
ANALYSIS
motion.
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during the fight and attempted to hit James with it, but
and his role in the fight. We fail to see how one more
[]
like he was going for the gun Scott saw him with
earlier, and that Cummings admitted having. Scott
CONCLUSION
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INDIANA
Billeaud v. State, 2015 Ind. App. Unpub. LEXIS 739 (IN Ct. App. 2015)
Key issues:
Burden of production, on the defendant
Even weak production evidence is sufficient
Burden of production, specific elements
Innocence, initial aggressor
Regain innocence, withdrawal
Reasonableness, objective and subjective required
Date:
July 1, 2015
Decision:
Jeffrey Billeaud was convicted of Battery Resulting in
enforcement?
We affirm.
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self-defense instruction.
(Ind. 2011).
appeals.
1.
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exited from his truck. Billeaud did not act without fault.
explained as follows:
2.
[]
Judgment affirmed.
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OHIO
State v. Daigle, 2105 Ohio App. LEXIS 2639 (OH Ct. App. 2015)
Key issues:
Burden of production on the defendant
Burden of production, elements
Right to argue self-defense if also denying the use of force, inconsistent defenses, permitted
Not required to admit elements of crime to receive self-defense instruction
Date:
Decision:
matter is remanded.
on their own.
entered the room, turned off the TV and said the three
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his left arm and bash Herbert's rib cage with his right
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kill you." Dominic ran into the kitchen and tried to grab
15 months in prison.
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Abs. 68, 2 Ohio Law Abs. 87, 142 N.E. 141 (1924),
entitled to both."
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Constitution."
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find that 'the jury clearly lost its way and created such
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