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Trial lawyers of the OT

Posted on 11/13/19 at 8:24 pm
Posted by Mud_Till_May
Member since Aug 2014
9685 posts
Posted on 11/13/19 at 8:24 pm
I went to a criminal case today. It was of a guy who was charged with murder. He got in an argument with another guy over a girl. One guy swung first and the other guy stabbed him which led to his death. The second guy is claiming stand your ground.

Do you think this defense will work?

Edit: Also if you are the defense attorney, why wouldn’t you object all the time and how do you deal with people who are idiots?
This post was edited on 11/13/19 at 8:36 pm
Posted by TheAstroTiger
Member since Jun 2018
3101 posts
Posted on 11/13/19 at 8:26 pm to
it would be hard to make the case that his life was in danger. A good lawyer could probably get him off. The average lawyer wouldn’t.
Posted by Fun Bunch
New Orleans
Member since May 2008
115295 posts
Posted on 11/13/19 at 8:26 pm to
Highly unlikely

Would need way more to make a proper assessment.
This post was edited on 11/13/19 at 8:28 pm
Posted by UpToPar
Baton Rouge
Member since Sep 2008
22151 posts
Posted on 11/13/19 at 8:26 pm to
You think someone can give you an honest answer based on a single paragraph of vague facts?
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
134817 posts
Posted on 11/13/19 at 8:27 pm to
Posted by Jim Rockford
Member since May 2011
98083 posts
Posted on 11/13/19 at 8:29 pm to
Mike Small could get him off
Posted by ragincajun77
Member since Jul 2019
911 posts
Posted on 11/13/19 at 8:29 pm to
I sure hope you aren't a jury member
Posted by Mud_Till_May
Member since Aug 2014
9685 posts
Posted on 11/13/19 at 8:30 pm to
quote:

You think someone can give you an honest answer based on a single paragraph of vague facts?


Man 1 pushes girl
Man 2 says it’s not right to hit girls and swings man at 1
Man 1 stabs man 2
Man 2 dies
This post was edited on 11/13/19 at 8:30 pm
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
26918 posts
Posted on 11/13/19 at 8:30 pm to
Not enough information to sort through a very complicated, nuanced area of the law. Assuming this is in Louisiana, stand your ground would be of very little importance. It would come down to who was the initial aggressor and whether the force used was reasonable under the circumstances.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
26918 posts
Posted on 11/13/19 at 8:31 pm to
quote:

Man 1 pushes girl
Man 2 says it’s not right to hit girls and swings man at 1
Man 1 stabs man 2
Man 2 dies


Still not enough information, but I imagine the prosecutor would argue that Man 1 was the initial aggressor and that Man 2 used reasonable force in a defense of others paradigm. Further, that Man 1, as the initial aggressor, can’t claim self defense.
Posted by tigersfirst
Baton Rouge
Member since Apr 2013
1064 posts
Posted on 11/13/19 at 8:31 pm to
Probably not.

Look at La. R.S. 14:19.

Posted by Mud_Till_May
Member since Aug 2014
9685 posts
Posted on 11/13/19 at 8:37 pm to
quote:

I sure hope you aren't a jury member


Actually
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
26918 posts
Posted on 11/13/19 at 8:39 pm to
quote:

Actually


Go away, now. Your dumb arse is going to cause a mistrial.
This post was edited on 11/13/19 at 8:40 pm
Posted by sealawyer
Coonassganistan
Member since Nov 2012
3138 posts
Posted on 11/13/19 at 8:41 pm to
quote:

Actually


Haha. Oh lord.

Someone see what judge has trials this week.

Posted by OysterPoBoy
City of St. George
Member since Jul 2013
34857 posts
Posted on 11/13/19 at 8:42 pm to
Did guy 1 look shady? A good lawyer will argue that a reasonable person would expect to get stabbed for punching a guy if he looks shady enough. One or 2 expert witnesses and it’s over. If guy 1 was Hispanic I’d just go ahead and ask for a dismissal.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
26918 posts
Posted on 11/13/19 at 8:42 pm to
quote:

Haha. Oh lord.

Someone see what judge has trials this week.


Only trial I’m aware of going this week in the 19th is a penny ante burglary. No idea where OP lives, though.
Posted by SHMILL
The foothills of CO
Member since Oct 2009
994 posts
Posted on 11/13/19 at 8:42 pm to
Where were they?
Place of business lawfully?
Or somewhere they had no right to be?

Need more facts.

They matter when using force against force according to the statute posted above..

And did Man 2 fear for his life after getting punched? If not, it would be hard to see how using a knife to stab someone was reasonable under the circumstances.

Posted by OysterPoBoy
City of St. George
Member since Jul 2013
34857 posts
Posted on 11/13/19 at 8:43 pm to
I want to say Turkey Creek.
Posted by The Mick
Member since Oct 2010
43040 posts
Posted on 11/13/19 at 8:44 pm to
Where was the stabbing? If victim went to perps house and started swinging then maybe he gets off.
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
25523 posts
Posted on 11/13/19 at 8:44 pm to
quote:

Actually


If you are on the jury delete this thread.
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