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Showing posts with the label Castle Doctrine

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...

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...

Markus Kaarma

This was another case that I learned about watching one of the news television shows, either Dateline or 48 Hours more than likely.  I spent a little more time researching this case than I normally do due to the fact that I was specifically looking for something that I thought I had seen on the show referred to on the program. This is one of the many high profile cases that has attempted the Stand Your Ground law defense.  They are really called The Castle Doctrine but are commonly referred to as Stand Your Ground. Since 2005, at least 45 states have enacted some form of this law.  In essence what the law states is that a person has the right to defend themselves, others, or their property from danger or being destroyed and they are not required to retreat at any point.  There are several versions of the law giving citizens different rights in different areas.  For example apparently Michigan's law allows you to defend yourself or those around you in any situa...