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Old May 7, 2005, 08:53 PM   #58
univtxattorney
Senior Member
 
Join Date: March 26, 2005
Location: Austin, Texas
Posts: 103
Quote:
If the defense raises the issue of a person being called Moose and the man is indeed of considerable stature then it only takes 1.
You had better call your sisters and get better advice. It, in fact, does not only take 1 to convict. It takes 1 to hang. It takes 12 to convict (sometimes 6 in certain jurisdictions with six person juries). In the event that he had someone like you on the jury, who was determined to get him, you, acting alone, could not convict him. The worst you could do is hang the jury. At that point, I am confident that the prosecutor would elect not to retry the case.

Quote:
I think the one missed shot is also moot. The 2 out of 3 at a live target in a stressfull situation is fine shooting.
I'd be happy to hit one out of ten. But then again, I shoot like a lawyer.
Seriously, under the circumstances, 2 out of 3 is awesome.

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Hell, advice from bonafide attorneys can't be counted on either.
Ain't that the truth. Really. If you are going to get an attorney (in ANY matter, from a DWI to murder) spend the extra and get a good one. Ask around. Do research. This is NOT something you want to skimp on. Just like a lot of [insert your profession here] out there, there are a lot of attorneys who haven't a clue what they are doing. Point is, in all professions, there are good, bad, and ugly. If your life or financial well-being is on the line, get the best you can afford.

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Mow has all week to decide whether what you did in a few seconds under the threat of your life was justified or not.
The SMARTEST statement on this thread, IMHO.

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I listened to some of the gun show instructors, you just about can't shoot back unless you're dead already.
Here is the deal, boys and girls. What happens in the justice system is RARELY about the law. I am sure that all of you know this. If you, as a lawyer, have let THIS case get to court, you have already lost.

Let me break it down for you, as I see it. You have a guy who is a veteran criminal. He goes to mug Moose, a guy who is minding his own business. A guy who has taken the time to learn the gun laws of his state and has proven himself responsible by obtaining a license to carry. The bad guy hits Moose from behind, without provocation. Moose, obviously scared for his life, shoots the bad guy. Which case do you want to try as a prosecutor? State v. Bad Guy or State v. Moose? Do you think the prosecutor is going to pour over the facts with a fine-toothed comb looking for a way to charge Moose? Do you think a grand jury is going to follow the LAW? How about the petit jury at trial? Prosecutors know this. They don't like to waste their time with cases that are losers. They don't like to waste resources prosecuting them. Juries don't like to convict guys like Moose for giving bad guys what they deserve.

That said, LEARN the law of your state... Why? Because if all else fails, you have to argue the law. If you can't persuade the prosecutors that you should not be charged, you have to persuade them that the merits are on your side. If you, god forbid, get convicted, you have to persuade an appellate court that you acted within the letter of the law, though it may have turned out to be the wrong decision, ultimately.

From what I have read and from what Moose himself said, it sounds like he has everything going for him legally. Let me state this as clearly as I can. From the information he has given, I believe that he acted within the letter of the law. Given that he acted within the law and given what I said above, I would be surprised if he has any negative legal repercussions from this.

As so many of you have recommended, he needs to take this time to determine his mental state. What he really needs from this forum is the support that so many of us have given him. It's over... He's alive... He defended himself in a situation that most of us can only imagine in our nightmares.
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BOUNTY HUNTER: Any man who skips out on his bail can be hunted like an animal, although not eaten. All you gotta do is sit through a four-hour training course.

DALE GRIBBLE: You're telling me there's a poorly-trained, quasi-legal police force that operates with few, if any, government controls? IT'S ABOUT TIME!
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