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Showing posts with the label Stand Your Ground

Michael Dunn

While cases in which a defendant argues a Stand Your Ground or Castle Doctrine defense are often the most frustrating to me, they also are the most intriguing. So often this defense is argued in cases of neighbor disputes, which again intrigue me no matter how ridiculous some of them are. But neighbor disputes are not the only cases we hear this argument in. One of the most famous was the case of George Zimmerman in his defense against the murder of Trayvon Martin. In fact, this case was often compared to that one. That is probably why the defendant in this case thought the would surely not be convicted. Of course it happened in Florida, just like the Zimmerman case and just like the Casey Anthony case, two cases that ended in the acquittal of the defendant. I am sure there are plenty of cases that have successfully argue the Stand Your Ground laws. Although, we do not hear about many of them because in a true case in which that law applies the prosecution would have to a...

William "Billy" Woodward

My list of cases to look into and research is well over a 1,000 names long. I do not always have a plan on how to find a case but from time to time I will start at the beginning again and work my way down, first looking for one that grabs my attention, and second, looking for one that has maybe finally gone through the courts. This case was number fifty-four on my list and when I searched once again I was surprised to learn the trial had finally taken place. In fact, the trial just ended on January 31, 2018. Sentencing is not scheduled to take place until April 11 th so I will make the effort to come back and update this after that time. Normally I would not go ahead and do this case, but it is one that I have been waiting for. I have done several cases over time, and especially lately that involve feuding neighbors. One thing that a lot of these cases have in common is that the neighbor who ends up taking action, almost always deadly force, tend to a) claim self de...

Raul Rodrigues

As I have stated before I attempt to find cases that grab my attention at any given time. For example, while this may sound bad, domestic, spouse on spouse cases do not always do that. Sadly in our world it is such common place that it is almost unusual for a spouse to not be accused, and/or charged and convicted of murder, in some form or another when their spouse dies. There is almost always an underlying reason, greed and jealousy are the big ones. Then again as I say this there are times I sit down and those are exactly the ones that “grab” me on that day. However, almost always a case involving neighbors both intrigue me and frustrate me, but so much so that they bring me here. First I believe these sorts of cases catch my interest because in many of the stories, it could be any one of us reading this today. I would gander to guess that most of us have at the very least lived in a neighborhood where there is at least one cranky neighbor that for the most part peo...

Brett Parker

The trial against Brett Parker in the murders of his wife and his best friend was not really all that sensational in and of itself.  Of course, as all cases do, it had it's own twists and turns but the thing that I found most interesting or I suppose comical would be a better words is while his defense was not arguing he was mentally incompetent or necessarily of low intelligence as we so often see. No, Brett Parker's defense basically said he was an idiot.  And no, they were not saying this in the context of the fact that he had committed the crime and he just was not smart enough to cover things up.  They said it in the context of he was too dumb to have committed the crime AND covered it up.  Well, while the prosecution argued Brett Parker was not an idiot as his attorney seemed to indicate they surely had to admit that he attempted to cover it up.  So, maybe the defense attorney was correct about their client. On April 13, 2012 Brett Parker called 9-1-1 an...

Anita Smithey

This case seems to boggle me just a bit.  On November 20, 2014 Anita Smithey was convicted in the second degree murder of her estranged husband, Robert Cline III.  In February of 2015 she was sentenced to forty years in prison.   Anita admits to shooting her husband of three years on May 3, 2010. The couple had been separated for three months but had met on several occasions and had consensual sex.  Anita admits that Robert had come to the home she was living in Oviedo Florida on that night and claims that she agreed to have sex with him, although she says reluctantly.   Anita would claim that Robert had been abusive throughout their marriage on that evening he had not only proceeded to rape her but pulled a knife on her slashing at her throat, and hitting her in the face, chipping a tooth.  She was also suffering from a stab wound to her side when she was interviewed by police.  She claimed it was during this argument that she grabbed her gun...

Gregory "Chad" Wallin-Reed

While searching this case I found a lot of controversy surrounding it.  Many believe that while California does not have a specific "Stand Your Ground" law they do follow the Castle doctrine laws which allows a person to use deadly force if necessary to protect themselves and their property.  However, the trick to this, and why so many of those who use these laws as a defense, is that you have to reasonably believe you are in imminent danger.  As with so many other laws of the country people attempt to run them as thin as they possibly can and still expect the law to protect them.  This case surrounds the stealing of a solar light. And for that one man is dead and another is serving a sentence of eighty plus years in prison. In the early hours of July 1, 2011 in Plumas County California a car full of six young men, all ages nineteen and twenty, had been out driving around.  The night prior they had found their way to the remote area in which "Chad" Wallin-Reed...

Byron Smith

I have often blogged about cases in which there is no question who was the person who killed another... this is such a case.  One thing that seems to be a resounding claim in these sorts of cases is self defense.  One person kills another but claims they were in fear of their own life and had no choice but to do so.  Then there are the cases like the Montana case of Markus Kaarma that uses laws such as "Stand Your Ground", also known as the Castle doctrines, to attempt to prove they had a legal right to defend themselves and their property. I mention the Kaarma case specifically because the Byron Smith case is very similar in many aspects.  They are cases in which the question is not who pulled the trigger, but whether the use of deadly forced was warranted or taken too far.  Strangely enough in both these cases the defendants were ultimately convicted, not just because of their use of deadly force but because prosecutors were able to prove in both cases that th...