Courts have demonstrated quite well their unwillingness to toss a case because of an officer's DUI errors and omissions. This doesn't mean the defense bar has to lie down and take it. [Read more…]
This proximate cause DUI Defense was not allowed to be raised by this defendant. Have you ever even heard of the proximate cause DUI defense? [Read more…]
An unlawful arrest by police cannot legally be resisted by a citizen. That is just the law. Podcast Episode 063 takes a look at the complicated dynamics [Read more…]
The Impossibility Defense is an affirmative defenses that must be raised in the first instance by the accused. The burden shifts to the State when the issue is first raised.
An example of second degree murder is the issue in Podcast Episode 028 of the Criminal Nuggets Podcast. It involves a horrific case of domestic violence. Defendant beat his wife into a coma that eventually killed her. At trial Defendant was not contesting that he did it. Instead, he was asking the court for a lesser punishment under second degree murder rather than first degree murder. What do you think the court did? [Read more…]
Second degree murder sudden and intense passion is a legal excuse reducing the punishment for murder. However, the long recognized example of walking in on your spouse during an affair is not the same thing as merely finding text messages of the affair. [Read more…]