TexasCHLforum.com

Attorney Andrew Branda explains:

Interview: Would Arbery criminal & mental health history provide motive for him to fight?

https://www.youtube.com/watch?v=8H1DZtzoPtU

Attorney Andrew Branca explains:

Interview: Explain the Competing Narratives of the Ahmaud Arbery Trial

https://www.youtube.com/watch?v=LPg2lOx2mck

Attorney Andrew Branca covers the Ahmaud Arbery trial.

Ahmaud Arbery Trial: Join Our LIVE Coverage Starting Monday, October 18
Legal Insurrection has kindly sponsored me to cover this trial in real-time, as it occurs, with a daily LIVE post including live commenting by myself to keep you informed of events at trial as they proceed.

https://legalinsurrection.com/2021/10/a ... ctober-18/

philip964 wrote: ↑Tue Oct 05, 2021 2:19 pm https://www.insider.com/man-charged-wit ... al-2021-10

So one of the defendants is attempting to get banned evidence of his license plate that shows a confederate flag.

So if this is let in, I’d say the fix is in for these guys.

Generally I feel if your a defendant you should be allowed to defend yourself any way you want. So if they guy you killed has mental issues, you should be able to say that. The woman your accused of raping is a topless dancer, you should be able to say that.

That said how about the other side. Can they present anything they want?

Texas has rules of evidence and so does GA. http://ga.elaws.us/law/24

03Lightningrocks wrote: ↑Mon Oct 04, 2021 3:36 am

oljames3 wrote: ↑Sun Oct 03, 2021 5:21 pm

03Lightningrocks wrote: ↑Sun Oct 03, 2021 1:52 pm

AndyC1911 wrote: ↑Sun Oct 03, 2021 12:45 pm

philip964 wrote: ↑Sun Oct 03, 2021 9:52 am Aubrey’s Mental Heath records can’t used as evidence in trail of men a used of murdering him.

Sounds fair to me - if they didn't know at the time he actually had mental issues, the accused can't use that.

I agree. The way I see it is they did not actually witness Aubrey committing a crime. They knew nothing of his history. They just assumed the random black jogger must have done something illegal.

https://lawofselfdefense.com/ahmaud-arbery-files/
Georgia law is different from Texas law. It is not necessary that anyone "actually witness Aubrey committing a crime." GA 17-4-60 A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion. https://lawofselfdefense.com/statute/ga ... or-arrest/

Not only did they not witness any crime, they had no reasonable and articulable cause to believe any felony had occurred. Suspecting someone may have committed a felony is not the same as having KNOWLEDGE of someone committing a felony. But we shall see.

GA law is different from Texas law. Attorney Andre Branca discusses GA law at this link starting at 6:00 minutes. https://lawofselfdefense.com/ahmaud-arb ... y-14-2020/

03Lightningrocks wrote: ↑Sun Oct 03, 2021 1:52 pm

AndyC1911 wrote: ↑Sun Oct 03, 2021 12:45 pm

philip964 wrote: ↑Sun Oct 03, 2021 9:52 am Aubrey’s Mental Heath records can’t used as evidence in trail of men a used of murdering him.

Sounds fair to me - if they didn't know at the time he actually had mental issues, the accused can't use that.

I agree. The way I see it is they did not actually witness Aubrey committing a crime. They knew nothing of his history. They just assumed the random black jogger must have done something illegal.

https://lawofselfdefense.com/ahmaud-arbery-files/
Georgia law is different from Texas law. It is not necessary that anyone "actually witness Aubrey committing a crime." GA 17-4-60 A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion. https://lawofselfdefense.com/statute/ga ... or-arrest/

philip964 wrote: ↑Thu May 21, 2020 9:45 pm https://www.ajc.com/news/crime--law/bre ... zu6QiK46K/

The video guy in the truck coming up on the shooting has been arrested for murder.

I’ll love to hear all the experts on line explain this one.

Sorry for the delay. I was not able to log on 'til now. I am still not a lawyer, so I will defer to those who are.
https://www.georgiacriminallawyer.com/felony-murder
https://lawofselfdefense.com/ahmaud-arb ... y-22-2020/

Law of Self Defense Q&A is live on Facebook now (1:11pm Central). Will also be available for viewing later.
https://www.facebook.com/LawofSelfDefense

Mike the Cop discusses racism in connection recent shootings/convictions.

What else needs to shade in this conversation? What valuable points need to be considered?

https://www.youtube.com/watch?v=3db4fPO5y6Q

philip964 wrote: ↑Tue May 19, 2020 3:16 pm https://www.washingtonexaminer.com/news ... ideo-shows

Police attempt to tase Ahmaud in park in 2017 video shows.

Hmmm.

This incident was part of the discussion on Law of Self Defense today. https://lawofselfdefense.com/ahmaud-arbery-files/

In today’s show on the Ahmaud Arbery case I touch on two closely related topics, and share a police body cam video with you.

First, we compare the photos preferentially used by the media in the Trayvon Martin case with the photos preferentially used by the media in this Arbery case.

Second, we look at 42 USC §1983 as a financial motive for such propaganda (e.g., ka-ching).

Third, we share a police body cam video of Ahmaud Arbery in an event independent of Arbery’s confrontation with the McMichaels.

Branca is live on Facebook right now (1pm, 5/19/20). You can ask him yourself. https://www.facebook.com/lawofselfdefense

Law of Self Defense is live now on Facebook. Ahmaud Arbery: Propaganda & Cop Video: May 19, 2020 10:40am.https://www.facebook.com/LawofSelfDefense/

If you have questions concerning the legal aspects of this case, this is your chance to ask a lawyer. Attorney Andrew Branca does a Facebook LIVE on Tuesday, Wednesday, and Thursday at 1pm Central Time. He includes a Q&A session at the end.

https://www.facebook.com/LawofSelfDefense/

Attorney Andrew Branca, Law of Self Defense, Ahmaud Arbery: Arrest Warrants: May 18, 2020

In the last several shows I’ve mentioned that I would share with all of you the arrest warrants for Travis McMichael and Greg McMichael, but realized today that so far I’ve neglected to follow through on that.

NOTE: You can access all our coverage of the Amhaud Arbery case here:

http://lawofselfdefense.com/arbery

In the interests of picking up that dropped ball, you’ll find both arrest warrants embedded below.

AndyC wrote: ↑Sat May 16, 2020 12:13 pm

oljames3 wrote: ↑Fri May 15, 2020 10:12 pm

AndyC wrote: ↑Fri May 15, 2020 7:48 pm

oljames3 wrote: ↑Fri May 15, 2020 11:50 am

AndyC wrote: ↑Fri May 15, 2020 12:17 am From my understanding, once a plea of self-defense is entered the burden is flipped - it's then on the defense to show that the actions were reasonable, etc, and all the prosecution has to do is sit back and pick that apart.

I am not a lawyer and did not sleep in a Holiday Inn Express last night. Here is what the law firm Davis, Chapman & Wilder LLC said about burden of proof in criminal cases in GA on May 19, 2019.

Burden of Proof
In Georgia, the prosecutor’s office must prove your guilt beyond a reasonable doubt. If you can cast any reasonable doubt on the government’s case, then the jury cannot legally convict you.

https://dcwattorneys.com/defenses-crimi ... s-georgia/

I understand that, and that's not what I'm talking about - I'm referring to the steps before conviction/acquittal and that's the "burden of production".

I am still not a lawyer. All I know about the law comes from talking with lawyers and my own reading. So, I will rely on the Cornell Law School.

Burden of Proof
Overview
Generally, describes the standard that a party seeking to prove a fact in court must satisfy to have that fact legally established. There are different standards in different circumstances. For example, in criminal cases, the burden of proving the defendant’s guilt is on the prosecution, and they must establish that fact beyond a reasonable doubt. In civil cases, the plaintiff has the burden of proving his case by a preponderance of the evidence. A "preponderance of the evidence" and "beyond a reasonable doubt" are different standards, requiring different amounts of proof.

The burden of proof is often said to consist of two distinct but related concepts: the burden of production, and the burden of persuasion.

https://www.law.cornell.edu/wex/burden_of_proof

And once again, that's not the point I'm making - which is that the burden of production for someone claiming self-defense rests on HIM:

"On the legal defense of self-defense the burden of production is on the defendant claiming self-defense. This is rarely a difficult burden for a defendant in a “good guy” case of self-defense (the small minority of self-defense claims)."

Andrew Branca, self-defense attorney, from: https://legalinsurrection.com/2018/11/l ... fense-law/

Sorry for being dense. I am assuming you are asking about the burden of proof (burden of production and burden of persuasion) on the defendant who is charged in a criminal case with unlawful use of force or deadly force. Broadly, in US law which is almost the same in all 50 states, the prosecution must prove guilt beyond a reasonable doubt. When a defendant raises the legal defense of self-defense, the defendant has the burdens of production and persuasion, but so does the prosecution. The differences are in the standard of proof which the law requires of each party for both elements of the burden of proof.

For the defendant on production, "Fortunately, the burden of production is usually very low. If there is any evidence, however contested it might be, you can argue self-defense. In most 'good' self-defense cases there is little difficulty in meeting the burden of production" The Law of Self Defense 3rd Edition, Andrew Branca, page 16.

For the defendant on persuasion, "... do you also bear the burden of persuasion? The answer, in 49 states, is no. With one exception, every state imposes the burden of persuasion on self-defense on the prosecution, and to the legal standard of beyond a reasonable doubt" ibed, page 18.

The prosecution on production, "They are required to present evidence that you committed the crime you're charge with, or the judge won't allow them to take you to trial at all. This is not difficult at all in a self-defense case, because you've already admitted that you used force against the guy to defend yourself" ibed, page 16.

The prosecution on persuasion, "The prosecution bears the burden of proving you committed the crime beyond a reasonable doubt (except Ohio)" ibed, page 17.

The Ohio law changed in March, 2019. "Now the burden is on the prosecution, which it should be" wdtn.com, BJ Bethel, August 29, 2019, https://www.wdtn.com/news/local-news/oh ... l-history/.

There is much more to the process of trial in a self-defense case beyond the burden and standard of proof. That is one reason that one needs a lawyer. Put simply, there are at most five elements to a claim of self-defense. If the prosecution can disprove any of the elements, beyond a reasonable doubt, the claim of self-defense fails.

The five elements are: Innocence, Imminence, Proportionality, Avoidance, and Reasonableness. For a discussion of the elements: https://lawofselfdefense.com/beginjourney/