10mm vs. 45ACP
- Thread starter Hosh
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Law is trying to view the facts in a way favorable to your side, and then convincing a jury. Since you are dealing with people, who do things different from the law, ignore, it, jury nullification, etc. the only thing absolute is that there are no absolutes.
Making blanket statements about what would have happened in any other state is absurd. Making statements about 'facts', when so much of the 'facts' were part of the problem: that being credibility of the shooter.
Why aren't they trying him again?
If I'm a prosecutor, and I have been an assistant to more then one, I look at what, with the appellate ruling, is likely to come into evidence for the next trial. Given a proper jury instruction, any witness testimony to K's violent history, and his dogs violent history, and I have to think there is a possibility
that murder, or second degree murder are unlikely convictions. Everyone in that jury pool is going to know that K was a rapist-kidnapper and mentally disturbed. Fish's gut told him correctly that it was likely, given the guys history, that he probably intended to do great physical harm, or kill.
If it wasn't justifed, then it's going to be manslaughter, or some lesser charge. Fish has already lost 10 years in prison, and, it's unlikely the manslaughter conviction would merit more then that.
As a DA hat, I would say let it go, I really won the trial, and move on.
The DA did win. The judges' error on jury instructions was the real reversible issue in the trial, and his failure to instruct the jury on their question.
Making blanket statements about what would have happened in any other state is absurd. Making statements about 'facts', when so much of the 'facts' were part of the problem: that being credibility of the shooter.
Why aren't they trying him again?
If I'm a prosecutor, and I have been an assistant to more then one, I look at what, with the appellate ruling, is likely to come into evidence for the next trial. Given a proper jury instruction, any witness testimony to K's violent history, and his dogs violent history, and I have to think there is a possibility
that murder, or second degree murder are unlikely convictions. Everyone in that jury pool is going to know that K was a rapist-kidnapper and mentally disturbed. Fish's gut told him correctly that it was likely, given the guys history, that he probably intended to do great physical harm, or kill.
If it wasn't justifed, then it's going to be manslaughter, or some lesser charge. Fish has already lost 10 years in prison, and, it's unlikely the manslaughter conviction would merit more then that.
As a DA hat, I would say let it go, I really won the trial, and move on.
The DA did win. The judges' error on jury instructions was the real reversible issue in the trial, and his failure to instruct the jury on their question.
Of course someone like you will claim he is perfect and knows everything about anything. But in reality you dwell on trivial irrelevant issues and make mountains out of molehills. I have moved on but you continue to provoke. Why don't you end this by not responding.
Black Butte
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Finally! All I did was point out the following four incorrect assertions:
(1) That Kuenzli was unarmed -- questions remain as to whether he was armed with a screwdriver;
(2) That Kuenzli did not charge Fish -- questions remain as to whether Kuenzli charged Fish in addition to yelling verbal threats at him;
(3) That I made legal arguments -- I did not;
(4) That I indicated that the 10mm was "the devil round" that will "send you to prison" -- I did not;
which is certainly not worth getting excited over. I am pleased that you've moved on and that you've agreed to stop sending me messages.
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Everything does not revolve around you. Stop putting words in my mouth and distorting my statements. I know you wanna get the last word in, but being you are the better man, act like one.
If Vltor ever brings the Bren Ten to market, I'll buy one in 10mm and another in 45.
If Vltor ever brings the Bren Ten to market, I'll buy one in 10mm and another in 45.
Black Butte
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- Jun 21, 2008
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- 888
918v:
Unlike yours, my comments have all been accurate. I see you're now contradicting your own statement by continuing to write me.
Unlike yours, my comments have all been accurate. I see you're now contradicting your own statement by continuing to write me.
Black Butte
Member
- Joined
- Jun 21, 2008
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- 888
918v:
When you post inaccurate comments on a public forum, you can expect to get called on them. There's no need to reply, I'm not interested in your excuses.
When you post inaccurate comments on a public forum, you can expect to get called on them. There's no need to reply, I'm not interested in your excuses.
Bozwell
Member
You're both taking this cat fight way, way, way too far. Just my $0.02.
R.W.Dale
Member
No offense but would you both just shut up.
I swear you both sound like a couple of 10 year olds with a PhD.
Nobody cares about any inaccuracies in the off topic drivel you've been arguing over anyway
posted via tapatalk using android.
I swear you both sound like a couple of 10 year olds with a PhD.
Nobody cares about any inaccuracies in the off topic drivel you've been arguing over anyway
posted via tapatalk using android.
Stevie-Ray
Member
Colts battered?
My Colt Delta Elite had a nearly steady diet of Winchester Silver-Tips and my own reloads and when the Wins weren't available, PMC's 170 gr HP @ 1200 fps were another go-to round in the old days, especially for a supply of good brass. Both were greatly accurate in my gun. PMC still makes the same loads, though their 200 gr TMJ is now listed at 1050 fps rather than 1100 like it used to be. At any rate, both surpass Cooper's original idea of the 10 being a 200 gr bullet at 1000fps. Strange, but my Delta shows no signs of being "battered" even now after over 20 years, and having virtually no "watered down" loads run through it. The 10mm is my second favorite round behind the .45 ACP which I also reload for and which I carry daily.
My Colt Delta Elite had a nearly steady diet of Winchester Silver-Tips and my own reloads and when the Wins weren't available, PMC's 170 gr HP @ 1200 fps were another go-to round in the old days, especially for a supply of good brass. Both were greatly accurate in my gun. PMC still makes the same loads, though their 200 gr TMJ is now listed at 1050 fps rather than 1100 like it used to be. At any rate, both surpass Cooper's original idea of the 10 being a 200 gr bullet at 1000fps. Strange, but my Delta shows no signs of being "battered" even now after over 20 years, and having virtually no "watered down" loads run through it. The 10mm is my second favorite round behind the .45 ACP which I also reload for and which I carry daily.
Bottom line the 10mm Even the "new" 10 mm is one of the most powerful and useable auto rounds there is. the 40sw was invented for cops because the 10 was too much dor them, but for a gun enthusiast or a cow it is topps, it can best a 357 magnum and if u reload it's dirt cheap. I even found nickel brass for it for cheap. Get a glock 20 and go to efkdragonfire.com and get a dual recoil buffer aka frame saver, and a 6" ported barrel and u have less kick then a light 40 with the power of a hot 357' with one in the chamber and plenty more to go! And if u like the 1911 look kimber makes a beauty for about 2 glock 20's in price
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