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September 15, 2012, 10:48 PM | #126 | |||
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What, exactly, is the "fact" that has bothered you so much? You've mentioned it several times. I think I've been pretty consistent in my opinion that handloads present a legal risk. Quote:
There's Bias and another one (name escapes me right now) that I think Frank mentioned. I'll dig around and see if I can get it. As far as Bias goes, you could call the court and get the records, but the case never went up on appeal, so there's no detailed legal analysis. Other than that, there's really not much that I've ever been able to find that meets the requisite criteria of GSR/Distance/handloads. It's late and I'll take a look at the links that you just posted some time tomorrow. Cheers.
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September 16, 2012, 01:42 AM | #127 | |||
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[2] Spats and I make our livings (well in the past tense for me since I'm retired) forming considered professional opinions and acting on them. We have been successful because are opinions have been sound. [3] What would you consider a hard fact in this context? Quote:
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September 16, 2012, 08:37 AM | #128 |
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Spats and Frank - it's great that you guys are professionals that have dealt with this sort of issues. I am but an enthusiast and one who likes to question the norm. I can ask all day why this is not allowed and try to find loopholes. It's not meant to be in any way disrespectful or annoying. It's more for the education. Whether I'm wrong or right is not my biggest concern, but whether I learned something.
What I've taken away from this thread is most people are not overly concerned about having to explain to a jury their ammo choice. Their concerns is more about having ammo that is effective and functions with the gun of their choice. |
September 16, 2012, 08:59 AM | #129 |
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You guys must really feel proud of your selves. Both feel like a lawyer on trial and the courts could really be swayed by what y'all say. This is just a bunch of jibberish that won't never mean a hill of beans. Never can prove anything except both would stand and argue to a tree for a day. Why don't we have a staff member close this kind of garbage and get on with something more productive ? It would help us all.
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September 16, 2012, 09:02 AM | #130 | |||
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Marquezj16, I finally got around to reading (Ok, skimming ) the links you posted.
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There's one issue that Frank mentioned that may or may not be entirely clear, and I'd like to make sure that it is. We've posted at some length about expert testimony and the testimony of the defendant. It's important to understand that only experts get to offer opinions at trial. Lay (non-expert) witnesses only get to offer facts. In order to testify to opinions, the shooter/defendant would have to be qualified as an expert. That means presenting sufficient training, education, or experience to the court that the court believes that he or she is an expert, and qualified to offer an opinion that the court and jury would find both competent and helpful. From the perspective of the defense bar, that means that the shooter/defendant could testify to things like:
Those are facts to which any lay witness can testify. Now, assume that Bobby Badguy doesn't agree with my story. He claims that he was slightly intoxicated (having finished off the communion wine at church, of course), and simply wandered into the wrong house. He claims that he never ran at me, never held a shiny object, and was no less than 4 feet from me when I shot him. Unless I (as the shooter/defendant in this case) have training, education and experience sufficient to allow me to analyze the differences in GSR, I will not be allowed to offer any opinion as to what the GSR on Bobby's shirt demonstrated. What I want (as shooter/defendant) is for someone to be able to get on the stand and say, "I have PhDs in all of the relevant disciplines, 25+ years in law enforcement, and I have analyzed GSR on 100s of occasions. I have analyzed the GSR on Bobby's shirt, and compared it to tests that I performed using XYZ Home Defense Ammo, and exemplars sent to me by the factory. My opinion, based on my training, education and experience, is that the GSR on Bobby Badguy's shirt, is consistent with a shot having been fired from a distance of approximately 1 foot." A lay witness cannot offer an opinion like that. If reloads have been used, then the question becomes whether the expert has a sufficiently reliable sample on which to base his or her opinion. If there is no sufficiently reliable sample, then the expert's opinion can be excluded. If the expert had an unreliable sample (created by a murder suspect) to begin with, there's a danger that the court will not find the expert opinion to be reliable, and may simply exclude it. Does that clarify anything? Quote:
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September 16, 2012, 09:06 AM | #131 | ||
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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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September 16, 2012, 09:21 AM | #132 |
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You think I'd have you represent me or either take your legal advice then? I think NOT.
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September 16, 2012, 09:30 AM | #133 | |
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Your failure to either recognize or understand the legalities doesn't have any bearing on whether it will amount to a hill of beans for some other shooter. I strongly suspect that, regardless of whether the trial judge ruled rightly or wrongly, the issue of handloads did amount to a hill of beans to Daniel Bias.
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September 16, 2012, 10:11 AM | #134 | |
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And of course your rantings in this thread have just been a bunch of meaningless twaddle. It's obvious that you're not interested in the subject, so it's also obvious that you've only been posting here for the purposes of insulting Spats, me and anyone interested in learning about these things. That really says more about you than it does about us. You're entitled to your opinion, but you've really given no one any reason to pay attention to it.
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"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper |
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September 16, 2012, 10:30 AM | #135 |
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In the 9mm's, Winchester Ranger 124gr +p, Winchester 115gr Silvertip or Federal 9BP, depending on pistol.
In the old Model 10, Federal Nyclad.
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September 16, 2012, 10:35 AM | #136 | |
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This one is closed.
Wonder why? For those of you who ignore cogent legal analyses, good for you. It's your fun turn in the orange suit and watching your finances vanish. One last thing: Quote:
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