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Old September 15, 2012, 09:21 PM   #119
Spats McGee
Join Date: July 28, 2010
Location: Arkansas
Posts: 5,555
Originally Posted by Marquezj16
Originally Posted by Spats Mcgee
It has no impact on the evidentiary questions raised by reloads, though.
That evidence being allowed is up to the presiding judge as metioned earlier.

There is no ruling or law that states you cannot present your side of the story if your reloads come into question if you happen to be involved in a shooting.
You can present your side of the story. No one said you couldn't tell your side of the story. However, the DA, judge, and jury are all entitled to disbelieve you, too. If the distance to the target is in dispute, you may also need expert testimony (using exemplars) to resolve that dispute. For example, I say I shot the BG from ~1 foot. As a defendant, I am allowed to testify to that. The BG (who survived) is also allowed to testify that he was no less than ~6 feet away. This can create a very serious credibility problem for the shooter/defendant.

We may need a GSR expert to tell us "what does the GSR say?" The problem is that any testing done by an expert will have to be done by an expert who is relying on my word that the rounds were loaded as I said they were. Again, we're talking about having an expert testify as to rounds created by a potential defendant. Or basing his conclusions on what the defendant says was in the load. Were I lead counsel on that case, what I'd really like is for a neutral third party to testify as to the composition of the lot used in the shooting for GSR testing purposes.
I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some.
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