VA: Conviction of man who never heard of Prof James Duane* overturned on appeal

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  • Alamo

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    Oct 4, 2010
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    Texas
    https://wtop.com/virginia/2019/02/court-overturns-conviction-in-killing-of-home-intruder/

    Summary of the press coverage: intruder busts down bolted door, gets shot by homeowner, dies. Homeowner charged with 2nd degree murder, convicted of manslaughter. Appeals conviction because trial judge did not allow jury to receive an instruction on self-defense. Divided three judge panel overturns conviction, state asks/receives en banc rehearing, which agrees 7-4 with the panel and remands case to trial court.

    Link to request for rehearing, with panel's decision attached: https://law.justia.com/cases/virginia/court-of-appeals-published/2018/0685-17-4-0.html

    Key details I haven't seen in any of the news coverage:

    - Defendant told police he pointed his rifle at intruder's legs because he only wanted to scare him.
    - Defendant told police immediately after shooting that he did not intend to pull the trigger.
    - Defendant made statement at police station that the did not intend to pull the trigger.
    - Defendant told police he was shaking, he "saw red", he was in a "rage", he let "my temper get the better of me. He apparently did not say he was scared, or in fear.

    The are other important details, but those kind of jumped out at me.


    *Just in case there's one person left on INGO that's never heard of Professor James:
    https://www.youtube.com/watch?v=d-7o9xYp7eE
     

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