$599 at Cabelas right now.
In some jurisdictions, unforeseeable superseding intervening cause or criminal act is available as an affirmative defense to negligence. Of...
Old Fuff, your mention of a tailor is apropos. I've had my tailor sew 5" x 5" pockets at about 10 and 2 of sturdy fabric like canvas inside the...
I carry a 642 or a Colt DS in a suit frequently. Desantis Nemesis in front pocket or breast pocket works fine. Any decent IWB works fine,...
I completely agree, and I recall at least one case in which Justice Scalia did too.
Thank you, Frank, for taking the time to flesh those cases out. You make your points most persuasively. Again, these are New York cases, and not...
My pleasure. :-)
In some jurisdictions (including New York, under discussion here) the defendant is permitted to raise inconsistent defenses. Inconsistency might...
I recall the Mark James Robert Essex shootings of 1972-73.
A pleasure, sir. Thank you for your fine work here.
I completely agree. It's a great challenge to try to balance clarity with accuracy. Any simplification is a compromise. You do an excellent job...
Thanks for the quotes and links, Frank. Maybe I'll work on the law review article when I get back from vacation. :-) A major complication is...
Glad to jump in, and thank you. In the case I cited, Judge Sotomayor was one of the circuit judges. She's done well for herself since then. :-)
I'm still working, but I'm on vacation this week. ;-)
As always, I'm happy to defer to Frank's wise guidance. :-)
Hi, Sam. Let's assume the People prove the defendant D killed victim V. D claims self-defense and attests he feared for his life. The DA then...
Of course the NY law penal code or the cases interpreting it could have changed dramatically since 2001, and I haven't Sheppardized, but I don't...
Hi, Sam. Nope, it doesn't work like an affirmative defense. Read the case I cited. Failure of the judge to charge justification is reversible...
Here's a nice quote from the case above: Under New York law justification is a defense, not an affirmative defense; therefore, when the defense...
Hi, Spatts. It's not an affirmative defense in New York. The defendant raises the defense, and, in lay terms (for our non-attorney contingent),...
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