re: OB: An old friend of mines manslaughter trial starts today

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He should sue the police to collect all the cash it took to clear his name.

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I agree that the not guilty is right. However, how do you sue after a grand jury indicted him? The grand jury is the one that determined the manslaughter charges, not the police.

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Hours after they were married, her ex showed

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True Thug POS, Rest in Hell.

Can't believe the DA accepted the charges. Sounds like some corrupt shite there.

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Does he have any legal recourse? I'm guessing none?

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I'm sure it hasn't crossed his mind. Tonight is his first night with his wife and family since their wedding night that he isn't thinking about how he may go a long time without being with them... Money can't compare to that peace of mind.

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Does he have any legal recourse?

I'm guessing none?

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There's almost always legal recourse. The only question is whether it is likely to succeed and worth the time and resources to pursue.

Does seem like a pretty extreme case.

Hey tell your hubby not to buy you that under dash holster.
It won't stay tight.

It was good at first, and I still use it, but I'm gonna have to modify it to keep it snug up to,the dash.

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Because the grand jury doesnt even happen without police charging him??

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Grand juries can happen without an arrest. It happens, but that frequently.

Nah. It just loosens up so the holster isn't snug to the dash. The gun stays in OK.

Here's a few:

Civil Immunity for Self Defense

LSA-R.S. 9:2800.19

West's Louisiana Statutes Annotated Currentness
Louisiana Revised Statutes
Title 9. Civil Code Ancillaries
Code Book III. Of the Different Modes of Acquiring the Ownership of Things
Code Title V. Of Quasi Contracts, and of Offenses and Quasi Offenses
Chapter 2. Of Offenses and Quasi Offenses (Refs & Annos)
§ 2800.19. Limitation of liability for use of force in defense of certain crimes

A. A person who uses reasonable and apparently necessary or deadly force or violence for the purpose of preventing a forcible offense against the person or his property in accordance with R.S. 14:19 or 20 is immune from civil action for the use of reasonable and apparently necessary or deadly force or violence.

B. The court shall award reasonable attorney fees, court costs, compensation for loss of income, and all expenses to the defendant in any civil action if the court finds that the defendant is immune from suit in accordance with Subsection A of this Section.

CREDIT(S)

Added by Acts 2006, No. 786, § 1.

SELF DEFENSE

LSA-R.S. 14:19

West's Louisiana Statutes Annotated Currentness
Louisiana Revised Statutes
Title 14. Criminal Law
Chapter 1. Criminal Code (Refs & Annos)
Part I. General Provisions
Subpart C. Culpability
§ 19. Use of force or violence in defense

A. The use of force or violence upon the person of another is justifiable when committed for the purpose of preventing a forcible offense against the person or a forcible offense or trespass against property in a person's lawful possession, provided that the force or violence used must be reasonable and apparently necessary to prevent such offense, and that this Section shall not apply where the force or violence results in a homicide.

B. For the purposes of this Section, there shall be a presumption that a person lawfully inside a dwelling, place of business, or motor vehicle held a reasonable belief that the use of force or violence was necessary to prevent unlawful entry thereto, or to compel an unlawful intruder to leave the premises or motor vehicle, if both of the following occur:

(1) The person against whom the force or violence was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered the dwelling, place of business, or motor vehicle.

(2) The person who used force or violence knew or had reason to believe that an unlawful and forcible entry was occurring or had occurred.

C. A person who is not engaged in unlawful activity and who is in a place where he or she has a right to be shall have no duty to retreat before using force or violence as provided for in this Section and may stand his or her ground and meet force with force.

D. No finder of fact shall be permitted to consider the possibility of retreat as a factor in determining whether or not the person who used force or violence in defense of his person or property had a reasonable belief that force or violence was reasonable and apparently necessary to prevent a forcible offense or to prevent the unlawful entry.

CREDIT(S)

Amended by Acts 2006, No. 141, § 1.

Justifiable homicide

LSA-R.S. 14:20

West's Louisiana Statutes Annotated Currentness
Louisiana Revised Statutes
Title 14. Criminal Law
Chapter 1. Criminal Code (Refs & Annos)
Part I. General Provisions
Subpart C. Culpability
LSA-R.S. 14:20. Justifiable homicide

A. A homicide is justifiable:

(1) When committed in self-defense by one who reasonably believes that he is in imminent danger of losing his life or receiving great bodily harm and that the killing is necessary to save himself from that danger.

(2) When committed for the purpose of preventing a violent or forcible felony involving danger to life or of great bodily harm by one who reasonably believes that such an offense is about to be committed and that such action is necessary for its prevention. The circumstances must be sufficient to excite the fear of a reasonable person that there would be serious danger to his own life or person if he attempted to prevent the felony without the killing.

(3) When committed against a person whom one reasonably believes to be likely to use any unlawful force against a person present in a dwelling or a place of business, or when committed against a person whom one reasonably believes is attempting to use any unlawful force against a person present in a motor vehicle as defined in R.S. 32:1(40), while committing or attempting to commit a burglary or robbery of such dwelling, business, or motor vehicle.


(4)(a) When committed by a person lawfully inside a dwelling, a place of business, or a motor vehicle as defined in R.S. 32:1(40), against a person who is attempting to make an unlawful entry into the dwelling, place of business, or motor vehicle, or who has made an unlawful entry into the dwelling, place of business, or motor vehicle, and the person committing the homicide reasonably believes that the use of deadly force is necessary to prevent the entry or to compel the intruder to leave the premises or motor vehicle.

(b) The provisions of this Paragraph shall not apply when the person committing the homicide is engaged, at the time of the homicide, in the acquisition of, the distribution of, or possession of, with intent to distribute a controlled dangerous substance in violation of the provisions of the Uniform Controlled Dangerous Substances Law.

B. For the purposes of this Section, there shall be a presumption that a person lawfully inside a dwelling, place of business, or motor vehicle held a reasonable belief that the use of deadly force was necessary to prevent unlawful entry thereto, or to compel an unlawful intruder to leave the premises or motor vehicle, if both of the following occur:

(1) The person against whom deadly force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered the dwelling, place of business, or motor vehicle.

(2) The person who used deadly force knew or had reason to believe that an unlawful and forcible entry was occurring or had occurred.

C. A person who is not engaged in unlawful activity and who is in a place where he or she has a right to be shall have no duty to retreat before using deadly force as provided for in this Section, and may stand his or her ground and meet force with force.

D. No finder of fact shall be permitted to consider the possibility of retreat as a factor in determining whether or not the person who used deadly force had a reasonable belief that deadly force was reasonable and apparently necessary to prevent a violent or forcible felony involving life or great bodily harm or to prevent the unlawful entry.


CREDIT(S)

Amended by Acts 1976, No. 655, § 1; Acts 1977, No. 392, § 1; Acts 1983, No. 234, § 1; Acts 1993, No. 516, § 1; Acts 1997, No. 1378, § 1; Acts 2003, No. 660, § 1; Acts 2006, No. 141, § 1.

Factors to consider in determining whether a defendant had a reasonable belief that the killing was necessary, for purposes of claim of self-defense, are the excitement and confusion of the situation, the possibility of using force or violence short of killing, and the defendant's knowledge of the assailant's bad character. State v. Mincey, App. 3 Cir.2009, 2008-1315 (La.App. 3 Cir. 6/3/09), 2009 WL 1531570. Homicide 795