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Legal analyst on LSU players video

Posted on 8/26/11 at 3:33 pm
Posted by loopydj
Dallas, TX
Member since Jul 2011
292 posts
Posted on 8/26/11 at 3:33 pm
LINK

quote:

Legal analyst Donald "Chick" Foret discusses the difference between simple battery and the second-degree battery that the LSU players are charged with and he talks about what is next for them in the system.
Posted by GregMaddux
LSU Fan
Member since Jun 2011
18212 posts
Posted on 8/26/11 at 3:35 pm to
Is it true that if you kick some one with a shoe on, it can be considered a deadly weapon?
Posted by Jim Rockford
Member since May 2011
98188 posts
Posted on 8/26/11 at 3:35 pm to
"Chick" Foret was on WWL radio the other day and let it drop that he had lunch with Michael Bienvenue, the "victim's" attorney. Impartial? you be the judge.
Posted by Ray Ray Rodman
Florida
Member since Mar 2005
17654 posts
Posted on 8/26/11 at 3:36 pm to
quote:

he talks about what is next for them in the system


The will plea to a lessor charge because there is no way in hell you'll get a jury to convict them.
Posted by ELVIS U
Member since Feb 2007
9928 posts
Posted on 8/26/11 at 3:36 pm to
Depends on if the toe is made of steel or not.
Posted by spslayto
Member since Feb 2004
19721 posts
Posted on 8/26/11 at 3:46 pm to
quote:

Is it true that if you kick some one with a shoe on, it can be considered a deadly weapon?


Short answer. Yes, but a dangerous weapon.

quote:

State v. Munoz, 575 So.2d 548 (La.App. 5 Cir. 1991) Rubber-soled tennis shoe which defendant was wearing when he kicked his victim constituted a “dangerous weapon” for purposes of committing aggravated battery; eyewitness testified that defendant kicked victim in head so forcefully that impact lifted victim's body off ground and physician who operated on victim characterized victim's attack as brutal.


quote:

State v. Taylor, 485 So.2d 117 (La.App. 2 Cir. 1986) (1) tennis shoe was deadly weapon for purposes of aggravated battery offense; (2) sufficient evidence supported finding that defendant stomped victim about the head and in the face while wearing shoes; (3) conduct did not constitute self-defense or defense of others; and (4) three-year sentence at hard labor and fine of $5,000 was not excessive...Tennis shoe was dangerous weapon for purposes of aggravated battery offense where defendant kicked and stomped victim in the face and about the head while defendant's cousin and third-party held victim down, victim was bleeding profusely from his nose and mouth, and defendant used his shoes in manner calculated to produce great bodily harm.


But every case is unique depending on its facts.
This post was edited on 8/26/11 at 3:51 pm
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