Here’s a good question for congressman Billy Bob or other lawyers on FR. Could someone like White sue for a new trial? His only “crime” is something the Supreme Court has ruled unconstitutional. I would think anyone like John White or Hale DeMar from Wilmette could have their convictions overturned.
I wanted to agree with that regarding White. However, there are differences, some of which are meaningless to me, others more meaningful.
In the meaningless category but probably causing his conviction, the gun White shot the boy with he owned illegally. And they don’t have a castle doctrine law in New York.
In the more meaningful category, at the time Daniel was shot by White, he had not yet committed any crime. He had walked onto someone’s property, but the property was not posted “no trespassing”. He had made a ruckus in the yard, but there was no indication that ruckus itself broke any laws. He had not broken into anybody’s house.
Still, he may have threatened to harm the man’s son, and a man should have the right to defend his son — but that particular charge was one of those in dispute, and given that White’s gun was illegal for him, that may have made his side of the story less believable.