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To: P-Marlowe

And I understand exactly what you’re saying. I would also do what needs to be done, and then hire someone exactly like you to stand in front of a jury and convince them that the law in this particular case was never meant to cover that particular circumstance, and pray we had some sensible people that day.


112 posted on 09/21/2011 8:46:59 AM PDT by Abathar (Proudly posting without reading the article carefully since 2004)
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To: Abathar
FWIW, the court will decide, before the trial (or during, if not raised before the trial starts) whether or not defendant is permitted to make an argument, or seek an instruction that provides for the use of reasonable force against unlawful entry by the police. If the judge is doing his job, he will not permit the argument to be made to the jury, because that affirmative defense is not available, as a matter of law.

Your counsel will need to find another line of argument, and of course may seek any other remedy that is available under the law.

113 posted on 09/21/2011 9:27:53 AM PDT by Cboldt
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