Well there could easily be civil claims from the estate in which the burden of persuasion will be preponderance of evidence.
Wrong. The police announcement of no charges is MEANINGLESS in the civil context. It could be exactly correct, or it could be based on the one guys dad being a cop, or anything in between. This is a little more complex than what typically goes on in your head, Nate.Self defense eliminates civil case.
No charges filed at this time doesn't mean he was cleared or the case is closed. Charges could be filed after more investigation. SMHHe was cleared moron. Can you read??
Hey, hes the one telling me that displaying a weapon justifies shooting. As nonlawyers, you and he know that. Again speeding while armed does not raise the severity of the speeding charge, so no, I don't know that.
Your misidentification of the working parts of the law makes it a perfectly apt example. Why don't you try again to say what you are saying.Your example of speeding while armed is irrelevant. Try again.
Wrong. The police announcement of no charges is MEANINGLESS in the civil context. It could be exactly correct, or it could be based on the one guys dad being a cop, or anything in between. This is a little more complex than what typically goes on in your head, Nate.
You might want to take a nap.
Wanna bet if a civil case goes anywhere with self defense being determined?
Bet me big mouth. Louisiana offers the Armed Citizens Defense which can block civil suits.
If you are a true lawyer. You absolutely suck.
Maybe the football player can counter sue the estate for the cost of the bullet and cleanupSelf defense eliminates civil case.
"Police: LSU players involved in shooting acted in self-defense"
http://www.espn.com/college-footbal...involved-shooting-incident-acted-self-defense
And how can anyone refute them? The other party to this sordid ordeal is dead.
It seems a bit strange the deceased would attempt a robbery in broad daylight 500 feet from the home he lived in with his parents. But, I guess we'll find out more after their bowl game."Police: LSU players involved in shooting acted in self-defense"
http://www.espn.com/college-footbal...involved-shooting-incident-acted-self-defense
It seems a bit strange the deceased would attempt a robbery in broad daylight 500 feet from the home he lived in with his parents. But, I guess we'll find out more after their bowl game.
So the deceased is not, ever, going to be charged with a crime. Because he is too dead to punish. He has been dead since before the cops knew about the investigation. The investigation, says every news story, is continuing.It seems a bit strange the deceased would attempt a robbery in broad daylight 500 feet from the home he lived in with his parents. But, I guess we'll find out more after their bowl game.
This is a little more complex than what typically goes on in your head, Nate.
You might want to take a nap.
I can buy almost any gun you can name on the private market, with cash, with no documentation of any kind. The "gridlock" of which you speak does not exist in WV. At all.
Sorry but bringing a gun to a “sale” reflects more than just profound stupidity. At least in my book.Or that all the “kids” in this particular were just “kids” and didn’t really know better how to do what they were doing, on all accounts.
For the jury to decide. And a civil jury ain’t a criminal jury once you put the decedents mom on the stand.Self defense eliminates civil case.
The problem is if a 6' 5" 275lbs criminal breaks into your home that is not armed. That's when you have to make some very tough decisions.
I can buy almost any gun you can name on the private market, with cash, with no documentation of any kind. The "gridlock" of which you speak does not exist in WV. At all.
Am I in a Miller Lite mood, a Sam Adams Cherry Wheat mood, or a trying something new mood? Tough one... I could also move back to Arizona where I can buy liquor in the grocery store.The problem is if a 6' 5" 275lbs criminal breaks into your home that is not armed. That's when you have to make some very tough decisions.
Ha, are you kidding. I make tougher decisions at the beer store. And it doesn’t have anything to do with the size of the intruder. Not sure why some folks are so willing to be a victim.
Hard to know how to answer this. We were talking about guns and how buying them legally is difficult in lots of states. Not so in WV. Buying them legally is easy.Sure, you can buy opioids on the private market, with cash, no prescription of any kind.
Not sure what the point is
Couldn't agree more I was wanting to see if either one of them have a cwp.i hope so.If this is true what is the big deal?? Shouldn’t matter if they are LSU players. If they were being robbed with a gun they had a right to defend themselves.
Pretty sure the enhancement of criminal penalties only works with certain crimes. So, gun possession would not enhance speeding or embezzlement penalties, but WOULD enhance assault, drug dealing, robbery. @crazytoadie
So, when you said "having a weapon on you while committing another crime does raise the severity even if not used...." you were wildly off base, because that enhancement only occurs with some crimes. Just pointed it out to you.So sounds as if we agree then...possessing a gun during a robbery increases the penalty because it introduces the threat of deadly force. And possessing a gun while speeding, which in many cases is an infraction or civil penalty rather than a crime, does not increase the penalty because the weapon does not aid or contribute to the crime. So armed speeding does not present a relevant analogy to armed robbery because they differ in whether the weapon contributes to the crime.
I was debating that armed robbery increases the likelihood that deadly force in self defense is justified versus simple robbery without a weapon. This point doesn’t require all crimes to have stiffer penalties when armed, which seems to be what you are contending. It only requires that some crimes have stiffer penalties, particularly when a gun is used on commission of the crime. Your point is irrevelant in because it is comparing incomparable crimes.
So, when you said "having a weapon on you while committing another crime does raise the severity even if not used...." you were wildly off base, because that enhancement only occurs with some crimes. Just pointed it out to you.
Sorry but bringing a gun to a “sale” reflects more than just profound stupidity. At least in my book.
Wildly off base? That’s interesting...you agree that in the case at hand (robbery of LSU players) that my point is 100% correct and on point. Forgive me for not explicitly stating my point as displaying a weapon in the commission of a crime to make it clearer for you.
Further, let’s remind ourselves that my response was directly pointed to your argument that display of a weapon legally by open carry would give the same justification to self defense as to the display of a weapon in commission of a crime. Those are two completely separate and opposed scenarios. One scenario is a completely legal display protected by our Constution and the other display is in a completely illegal display during robbery that explicitly results in a crime, namely armed robbery, with explicitly harsher penalties. Your suggestion that those displays would be equivalent is clearly a situation that our legal system would never contemplate as true. If my interpretation is widely off base than yours isn’t even on the field of play.
Sometimes just cannot fix stupidIt seems a bit strange the deceased would attempt a robbery in broad daylight 500 feet from the home he lived in with his parents. But, I guess we'll find out more after their bowl game.
If you're gonna use the term display (not brandish or point) you'll confuse the matter.
Read post 109. Both what ram2020 and what I said. Sheesh.That may be true and it will vary state to state. I simply used display to use the same term as your original post.
Louisiana’s statute for armed robbery states “Armed robbery is the taking of anything of value belonging to another from the person of another or that is in the immediate control of another, by use of force or intimidation, while armed with a dangerous weapon.”
Sorry but bringing a gun to a “sale” reflects more than just profound stupidity. At least in my book.
Also, we are only hearing their side of the story. Maybe they are telling the truth. Maybe not. Don’t think we are going to hear the other guy’s version of what happened.Shouldn’t matter. Read that the robber pulled a weapon. You have the right to stand your ground.
I like that you are getting after people for jumping to conclusions (who are not necessarily jumping to conclusions) by jumping to conclusions.Your right. They should fry both these kids. When you are being robbed by force you should have zero right to defend your self
Better??
It shows you that I'm just pointing that difference out to another poster, like I have been doing with you for 5-10 hours now.What does post 109 have to due with difference between displaying vs brandishing vs pointing?