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Old November 6, 2012, 06:39 AM   #26
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have fun at your new home...
"Damn the torpedoes, full speed ahead!" -Admiral Farragut @ Battle of Mobile Bay 05AUG1864
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Old November 6, 2012, 01:08 PM   #27
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jurors needed only two days to also find Samuel Cutrufelli guilty of robbery, burglary and assault with a semiautomatic firearm.
There is such a law? Well, we are talking California.

Never heard of such an enhancement.
Gun Control: The premise that a woman found in an alley, raped and strangled with her own pantyhose, is morally superior to allowing that same woman to defend her life with a firearm.

"Science is built up with facts, as a house is with stones. But a collection of facts is no more a science than a heap of stones is a house." - Jules Henri Poincare

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Old November 6, 2012, 09:28 PM   #28
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"However, Cutrufelli could still probably amend his civil complaint to allege that Mr. Leone's conduct resulting in Cutrufelli being shot was willful or wanton. I doubt that Cutrufelli could get anywhere with that, but it might take some discovery and a summary judgment motion for Leone to finally dispose of the civil suit."

Two problems. First, Cutrufelli cannot contest his felony conviction. This weill establish that he unlawfully fired a handgun at the homeowner. Second, California law provides a presumption that an intruder intends to do serious bodily harm, therefore authorizing the use of deadly force--i.e., an intentional shooting is perfectly lawful. With the conviction establishing an entry into real property for the purpose of doing harm, defendant has a complete defense to the claim. I suspect that the lawsuit was filed as a ploy to support Curufelli's defense to the criminal chrarges, and that it will not be further pursued.
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