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[W:423]Ritterhouse just got a bump by a good judge

Wisconsin, not Michigan.

I'd say "typo" but for some reason I actually did have the state wrong . . .

But comment stands. WI defense attorney it is. (Unless someone wants to pay me a discounted rate to inform DP... actually scratch that, I'm too damn busy right now)
 
I'd say "typo" but for some reason I actually did have the state wrong . . .
I thought typo the first couple times, but after that figured it was a misremember. If you were going to start looking up state laws, thought it'd help to have the right state.
 
I thought typo the first couple times, but after that figured it was a misremember. If you were going to start looking up state laws, thought it'd help to have the right state.

I probably won't. I suspect this would involve case research, not statutes. And probably a good bit.


Further response & for those interested:

It's easy to find language that sounds helpful in cases, but that isn't the law; yet that's what people tend to do ("here, this case says this, and obviously that language means X,Y,Z in this situation [only because I say it does]). The law is the line between factual scenarios in which the Court uses the language to find error and the factual scenarios in which it uses the language to say no error. Obviously, you have to compare factual scenarios, and no two cases are alike.

Then there is a second layer: whether or not in those factual scenarios, the court found the error sufficiently prejudicial to justify reversing a conviction. There are any number of cases in which a court says there was error(s), but they didn't hurt enough to justify reversing a conviction.

But there's also standard of review, which turns on whether or not trial attorney objected sufficiently. Now, this is an even bigger concern for appellate attorneys, but is also one for trial attorneys, because it tells them just how likely their objections/motions are to succeed. Take constitutional error. Harmless error analysis ("Chapman" standard) is when the trial attorney objects, and it's easier to win on appeal (but still very hard to win). Plain error (federally) is when the trial attorney doesn't. States can have their own variations under their own constitutions.

All this and much more goes into weighing just how important a case is to your specific case. That, in turn, is necessary to have a solid opinion about whether or not a judge ruled correctly at trial...whether or not an appellate court is likely to get overturned by the next higher court...etc.




But this is a political debate forum......
 
Again, you are mistaking purpose, with design.
no
i am making an apt comparison which you are unable to address
possessing nuclear weaponry thwarts aggression because of the havoc it can wrought. so too, is a firearm used to discourage aggression due to the lethal power it can display
 
Again, in your extensive experience as a LEO have you ever known a prosecutor to not charge someone with impersonating a police officer when they had sufficient evidence to secure a conviction? Never heard of it, prosectors take that particular charge very seriously.

None of it is relevant, what is relevant is that you are pretending to be an expert in the field as a LEO when it seems pretty damned clear you aren't.



This is a great example. He claimed to be a medic, you claim to be a nurse. Is that a CNA? MA? LPN? RN? CRNA? CNM? DNP? I have seen all of the above call themselves a nurse and all of them are vastly different in qualifications, expertise, and responsibilities. Or my personal favorite, the doctors who refer to themselves as doctors in the context of being MDs. I am sure you have met nurses with doctorates who refer to themselves as Dr. SoandSo with the clear intent of misrepresenting their skills and abilities for prestige.



I am referring to impersonation of a police officer. I tend to hold the belief that someone calling themselves a medic or not doesn't change the narrative significantly. Being a medic doesn't confer any powers, authority, etc. While claiming to be a peace officer brings with it an enormous amount of authority and power.
Over and over you go down rabbit holes.
 
no
i am making an apt comparison which you are unable to address
possessing nuclear weaponry thwarts aggression because of the havoc it can wrought. so too, is a firearm used to discourage aggression due to the lethal power it can display
There are no absolutes and for you to believe the showing of a firearm discourages aggression is not always the case.
 
You watch today the video with Rittenhouse claiming he is a EMT as he walked all over with rifle out? Normal behavior right? This kid is an absolute moron.
 
You watch today the video with Rittenhouse claiming he is a EMT as he walked all over with rifle out? Normal behavior right? This kid is an absolute moron.
Could be. That doesn't mean he didn't act in self defense. It has nothing to do with the charges he is actually facing.
 
Could be. That doesn't mean he didn't act in self defense. It has nothing to do with the charges he is actually facing.
You think all these witnesses being asked about Rittenhouse’s action before and during are just for the hell of it?
 
You think all these witnesses being asked about Rittenhouse’s action before and during are just for the hell of it?
They aren't proving he didn't act in self defense when he shot Rosenbaum, Huber or Grosskreutz.
 
They aren't proving he didn't act in self defense when he shot Rosenbaum, Huber or Grosskreutz.
He was there to protect a car dealership, yet he was walking all over claiming to be a medic, he is dishonest and wanted attention.
 
He was there to protect a car dealership, yet he was walking all over claiming to be a medic, he is dishonest and wanted attention.
Where was the first shooting?
 
If the citizen operator of the firearm is interested in personal protection, an AR is the wrong weapon. A pistol is the right weapon. There is little evidence that Rittenhouse was there for any other purpose but to live his fantasy. A pistol apparently was not part of that fantasy. So what do the gun goons want to do, go Christmas shopping with an AR strapped around their midsection. "Excuse me miss, I think I would like to see that perfume for my wife. This gun is sort of making it difficult for me to do so. Its too crowded to slide it to my backside and there is too much stuff on your counter for me to keep it strapped to the front."

If as a citizen in peacetime you are actually carrying for purposes of self defense/protection, you carry a pistol which you can bring to bear quickly at close range. You may not be able to bring the assault rifle to bear at close range. The circumstances where you might not be able to should be obvious to anybody that handles guns. The assault rifle can be a defense weapon in the field of combat where you need more range and more firepower because you know, not guess but know you are facing forces similarly equipped. In fact that is the fantasy argument....."in the field.....as a citizen.....defending against an army. Ohhhh.....ahhhhh." What bullshit. A modern army will cut the weekend warriors to ribbons in short order. But the fantasy, the dream lives on and your standard hunting rifle, even your standard carbine does not match the fantasy.

Your argument is the horse shit, NRA argument for citizen purchases of arms. It is a horse shit argument designed to sell guns. That is all it is.

Actually the entire 2nd Amendment in all its glory falls away in the case of citizen purchases of machine guns. The argument against the Assault Rifle is a very similar and just as valid argument. I have no interest in fulfilling the gun fantasies of gun goons. I am a gun owner myself and don't much care for gun goons or the NRA which I left over a decade ago.

Something that rifles have that pistols don't always have, a better retention system.

Since a lot of people at a riot tend to love to grab rifle barrels in attempt to take away firearms. Kyle's harness keeps the rifle from being ripped away from his hands which happened several times or more that day.

Not every handgun has an attached loop to put a lanyard to keep the firearm from being taken away. Beretta comes to mind, but I think newer models have them removed.

It was lucky that Kyle was using an AR-15 platform with a retention harness. Seen videos of several people trying to pull his rifle to no avail and likely saved his life because of that very reason.

So to say a handgun was better in Kyle's situation, I totally and absolutely disagree with you. That kept people from taking his rifle and likely saved his life several times that day.
 
I think he is giving a hint if the shooting happened at the car dealership or elsewhere.
Rittenhouse is a loser who killed another loser, but it is not for Rittenhouse to walk around and pretend he was a victim. If he stayed put like Black and the others none of this would have happened.
 
There are no absolutes and for you to believe the showing of a firearm discourages aggression is not always the case.
possessing a nuclear weapon does not assure a nation is free from nuclear attack ... but it certainly makes it much more unlikely
ditto for possession of a firearm
 
You think all these witnesses being asked about Rittenhouse’s action before and during are just for the hell of it?
yep
the prosecutor has made this trial a fishing expedition for something to use against rittenhouse
thus far we have seen he is without any evidence to support the state's charges
 
Rittenhouse is a loser who killed another loser, but it is not for Rittenhouse to walk around and pretend he was a victim. If he stayed put like Black and the others none of this would have happened.
too bad he did not possess your crystal ball to learn that in advance of his actions
 
Rittenhouse is a loser who killed another loser, but it is not for Rittenhouse to walk around and pretend he was a victim. If he stayed put like Black and the others none of this would have happened.
If Rosenbaum had stayed home he'd still be alive. Any other irrelevant tautologies you want to toss in our direction?
 
None of which dissolves his right to self defense.
a certain forum member is almost as desperate as the prosecutor
looking for any crap to stick against the wall
 
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