Bad instruction on self-defense leads to reversal
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kimberman
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Post subject: Bad instruction on self-defense leads to reversal Posted: Wed Jul 01, 2009 8:59 am |
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Wise Elder |
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Joined: Thu Aug 11, 2005 7:48 pm Posts: 2782 Location: St. Paul
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Quote: Arizona Man Gets New Trial in Self-Defense Shooting: A state appeals court on Tuesday ordered a new trial for a 62-year-old retired teacher convicted of murder in the shooting death of a hiker in northern Arizona five years ago. Harold Fish claimed he shot Grant Kuenzli in self-defense during their encounter in the Coconino National Forest, but a jury convicted him and sentenced him to 10 years in prison. The case galvanized gun-rights supporters, who said Fish's conviction represented a threat to their right to protect themselves, and prompted the Arizona Legislature to change the law to shift the burden of proof in self-defense claim cases from the defendant to the prosecutor... In a 3-0 ruling, the appeals court said the trial judge's jury instructions inadequately described the law of self-defense. The trial judge also may have erred in barring evidence of the victim's prior acts of violence related to dogs, the appeals court ruled... http://www.fox11az.com/news/topstories/ ... 41321.html Quote: ...His case was sent back to Coconino County Superior Court because the trial court judge had not given adequate instruction on what constituted self-defense. The panel of appellate judges scolded Superior Court Judge Mark Moran for not answering a jury request to define the word "attack." The panel remarked that the jury may not have understood that someone can commit aggravated assault on another person without actually touching the person... The panel also noted that the lower court had "sanitized" evidence of prior incidents in which Kuenzli had become enraged and had frightened people during encounters with the dogs. That opens the door for defense attorneys to bring into evidence prior bad behavior of victims, especially if they corroborate a defendant's story when there are no witnesses. Many times, in criminal trials, such "prior bad acts" are excluded... The court also said Moran could have allowed the defense to classify dogs as potentially "dangerous instruments," furthering the self-defense claim... If the case is retried, a bill under consideration by the Arizona Legislature could affect Fish's trial. It would make the state's revised self-defense law retroactive to Fish's case... (Former governor Janet Napolitano twice vetoed bills that would have made the self-defense law retroactive to Fish's case.) http://www.azcentral.com/arizonarepubli ... e0701.html
_________________ President of AACFI, GOCRA, CCRN, and A2A
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macphisto
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Post subject: Re: Bad instruction on self-defense leads to reversal Posted: Wed Jul 01, 2009 9:13 am |
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Longtime Regular |
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Joined: Thu Sep 14, 2006 10:00 pm Posts: 1013 Location: North Suburbs
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That's great news. I always thought Fish got a raw deal.
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joelr
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Post subject: Re: Bad instruction on self-defense leads to reversal Posted: Wed Jul 01, 2009 9:18 am |
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The Man |
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Joined: Sun Aug 07, 2005 5:43 am Posts: 7970 Location: Minneapolis MN
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Very good news. While I think there was at least a legitimate reason to look at charging him, the trial pretty clearly was bogus, and he deserves at least do-over.
_________________ Just a guy.
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Dee
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Post subject: Re: Bad instruction on self-defense leads to reversal Posted: Wed Jul 01, 2009 7:26 pm |
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Longtime Regular |
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Joined: Fri Oct 31, 2008 11:39 pm Posts: 533 Location: Mankato Area
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There is nothing worse than a judge furthering his own agenda. Fish might be exonerated eventually but nothing can give him back the time that he has lost because of this judges actions.
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havegunjoe
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Post subject: Re: Bad instruction on self-defense leads to reversal Posted: Wed Jul 01, 2009 7:28 pm |
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Longtime Regular |
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Joined: Fri Nov 30, 2007 10:32 am Posts: 515 Location: Metro Area - Apple Valley
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If mermory serves me this was the case where the prosecutor convinced the jury that carrying a 10mm gun was not someting a person would do for self-defense purposes. It was too big a caliber. They forgot to mention he was hiking in the woods where they may be more than two legged perdators to worry about.
_________________ DEMOCRACY IS TWO WOLVES AND A LAMB VOTING ON WHAT TO HAVE FOR LUNCH. LIBERTY IS A WELL ARMED LAMB CONTESTING THE VOTE.
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