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The
Below Comments Relate to this Newslink:
AK: Alaska court reverses Ketchikan man's murder conviction
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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The defense appealed, successfully arguing the slides and statements mischaracterized the law of self-defense and shifted the burden of proof to the defense, presuming Rossiter was guilty unless they agreed Stachelrodt "deserved what he got," the opinion says.
The court ruled that self-defense "does not hinge on whether the deceased 'deserved to die.'" But Scott repeated told the jury that Rossiter's claim of self-defense would only be valid if Stachelrodt deserved to die. |
| Comment by:
PHORTO
(9/16/2017)
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"[T]he Alaska attorney general's office . . . said it was evaluating its ability to re-try the case based on the availability of witnesses and other factors."
Wait a minute. Doesn't double-jeopardy apply? |
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| For, in principle, there is no difference between a law prohibiting the wearing of concealed arms, and a law forbidding the wearing such as are exposed; and if the former be unconstitutional, the latter must be so likewise. But it should not be forgotten, that it is not only a part of the right that is secured by the constitution; it is the right entire and complete, as it existed at the adoption of the constitution; and if any portion of that right be impaired, immaterial how small the part may be, and immaterial the order of time at which it be done, it is equally forbidden by the constitution. [Bliss vs. Commonwealth, 12 Ky. (2 Litt.) 90, at 92, and 93, 13 Am. Dec. 251 (1822) |
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