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Zimmerman Redux: The Breaking Louisiana Self-Defense Case of Merritt Landry
Legal Insurrection ^ | July 27, 2013 | Andrew Branca

Posted on 07/28/2013 4:43:12 AM PDT by kingattax

Merritt Landry, a 33-year-old “white caucasian” shot the victim, a 14-year-old black boy, in the head. A single spent cartridge case was recovered at the scene, indicating that a semi-automatic weapon was used and suggesting that a single shot was fired.

The hour of the shooting was approximately 2:00AM, on Friday, July 26, 2013. As of this writing the victim is reported to remain alive, in critical condition at a local hospital.

(Excerpt) Read more at legalinsurrection.com ...


TOPICS: News/Current Events; US: Louisiana
KEYWORDS: banglist; guncontrol; louisiana; merrittlandry; secondamendment; shootingrange; targetpractice
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here we go again
1 posted on 07/28/2013 4:43:12 AM PDT by kingattax
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To: kingattax

Maybe parents should brief their kids on trespass laws. It would save a lot of problems.


2 posted on 07/28/2013 4:46:33 AM PDT by Former Proud Canadian (The IRS--a softer Gestapo)
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To: Former Proud Canadian

Maybe parents should not allow 14 year olds out at 2:00 AM.


3 posted on 07/28/2013 4:47:54 AM PDT by Izzy Dunne (Hello, I'm a TAGLINE virus. Please help me spread by copying me into YOUR tag line.)
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To: Former Proud Canadian

When a teen punk with a long record of burglaries is scaling an 8 foot fence at 2 in the morning.... it’s not because he was innocently trespassing on the way to buy Skittles.


4 posted on 07/28/2013 4:47:56 AM PDT by GeronL
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To: kingattax

“The victim was shot within feet from the rear door of Landry’s dwelling in New Orleans, in an area accessible only by having to scale a locked fence, suggesting forcible entry onto the property by the victim.”


5 posted on 07/28/2013 4:48:17 AM PDT by Kozak ("Send them back your fierce defiance! Stamp upon the cursed alliance! To arms, to arms.....")
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To: kingattax
Merritt Landry

I wonder if he's related to, "shooot Him Elizabeth" Troy Landry?

6 posted on 07/28/2013 4:49:17 AM PDT by Graybeard58 (_.. ._. .. _. _._ __ ___ ._. . ___ ..._ ._ ._.. _ .. _. .)
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To: Izzy Dunne

“Nothing good happens after midnight”.....
That’s a saying we use in the ER all the time.


7 posted on 07/28/2013 4:49:36 AM PDT by Kozak ("Send them back your fierce defiance! Stamp upon the cursed alliance! To arms, to arms.....")
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To: kingattax
Disclaimer: This analysis is based upon the “facts” as reported by the news media. These “facts” so must therefore be assumed to be elastic, selected to fit a hidden narrative, and perhaps even outright false. Nevertheless, they are the only “facts” with which we have to work.

"Facts?" I believe I'd be more inclined to write "elements of a narrative," or perhaps even "elements of the narrative," since the narrative is highly predictable.

Oh, by the way, is it too soon to ask what a fourteen-year-old kid with a history of burglary is doing scaling a fence to prowl about someone's yard at 2:00 in the morning? Would that be regarded as a raaaaacist remark? Maybe that question should be deferred until after the public crucifixion?

8 posted on 07/28/2013 4:52:33 AM PDT by Standing Wolf
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To: GeronL
There was another thread posted yesterday from the local newspaper, and the kid's brother admitted that he was a "professional thief."

The shooting was a public service as far as I'm concerned.

9 posted on 07/28/2013 4:56:38 AM PDT by Timber Rattler (Just say NO! to RINOS and the GOP-E)
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To: Standing Wolf
Oh, by the way, is it too soon to ask what a fourteen-year-old kid with a history of burglary is doing scaling a fence to prowl about someone's yard at 2:00 in the morning?

Maybe he needed some Skittles and was just taking a shortcut to the 7-11. Or maybe he got lost on the way to the store? Or maybe this guys house looked like the 7-11. Or maybe he thought there would be some Skittles laying around in the guy's yard. Or maybe he was going to break into the house and steal any Skittles he found inside. Oh, and I forgot the tea.

10 posted on 07/28/2013 4:58:57 AM PDT by Right Wing Assault (Dick Obama is more inexperienced now than he was before he was elected.)
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To: kingattax

I bet they were just trying to return the stolen, ehhhh I mean the bikes they found...... /sarc.

I hope they got good pics of the other truant that was pedaling with him. He may prove to be handy in court.


11 posted on 07/28/2013 4:59:58 AM PDT by eartick (Been to the line in the sand and liked it)
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To: Izzy Dunne
"Maybe parents should not allow 14 year olds out at 2:00 AM."

Curfews be "old school"

12 posted on 07/28/2013 5:00:11 AM PDT by Mad Dawgg (If you're going to deny my 1st Amendment rights then I must proceed to the 2nd one...)
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To: Timber Rattler

bump


13 posted on 07/28/2013 5:01:37 AM PDT by GeronL
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To: kingattax
The Louisiana Castle Doctrine Law:

§19. Use of force or violence in defense

A. The use of force or violence upon the person of another is justifiable when committed for the purpose of preventing a forcible offense against the person or a forcible offense or trespass against property in a person's lawful possession, provided that the force or violence used must be reasonable and apparently necessary to prevent such offense, and that this Section shall not apply where the force or violence results in a homicide.

B. For the purposes of this Section, there shall be a presumption that a person lawfully inside a dwelling, place of business, or motor vehicle held a reasonable belief that the use of force or violence was necessary to prevent unlawful entry thereto, or to compel an unlawful intruder to leave the premises or motor vehicle, if both of the following occur:

(1) The person against whom the force or violence was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered the dwelling, place of business, or motor vehicle.

(2) The person who used force or violence knew or had reason to believe that an unlawful and forcible entry was occurring or had occurred.

C. A person who is not engaged in unlawful activity and who is in a place where he or she has a right to be shall have no duty to retreat before using force or violence as provided for in this Section and may stand his or her ground and meet force with force.

D. No finder of fact shall be permitted to consider the possibility of retreat as a factor in determining whether or not the person who used force or violence in defense of his person or property had a reasonable belief that force or violence was reasonable and apparently necessary to prevent a forcible offense or to prevent the unlawful entry.

Louisiana law on justifiable homicide:

A. A homicide is justifiable:

(4)(a) When committed by a person lawfully inside a dwelling, a place of business, or a motor vehicle as defined in R.S. 32:1(40), against a person who is attempting to make an unlawful entry into the dwelling, place of business, or motor vehicle, or who has made an unlawful entry into the dwelling, place of business, or motor vehicle, and the person committing the homicide reasonably believes that the use of deadly force is necessary to prevent the entry or to compel the intruder to leave the premises or motor vehicle.

No, this is not 'Zimmerman Redux' since it wasn't done in self defense. But based on a reading of the law the man's actions were legal and the murder charge doesn't seem to be appropriate.

14 posted on 07/28/2013 5:03:14 AM PDT by 0.E.O
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To: Standing Wolf

2’oclock in the morning is way past the city imposed curfew for children under the age of seventeen, so there is no expectation the homeowner should have known the person he encountered inside his locked yard was a minor.


15 posted on 07/28/2013 5:03:44 AM PDT by mac_truck ( Aide toi et dieu t aidera)
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To: kingattax

I find this guy more innocent than Zimmerman. I think this guy should be left free.


16 posted on 07/28/2013 5:07:48 AM PDT by napscoordinator (Santorum-Bachmann 2016 for the future of the Country!)
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To: kingattax

When do we see the confirmation pictures and the media blackout of his arrest record? If the kid is white nothing to see here move on


17 posted on 07/28/2013 5:09:04 AM PDT by ronnie raygun (Yesterdays conspiracies are todays truths)
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To: kingattax

He got out of his house and was stalking the 14 year-old in his back yard.


18 posted on 07/28/2013 5:09:04 AM PDT by Ironfocus
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To: Standing Wolf; GeronL

You two had better watch your tendency to see things through a Euro-centric lens.

It is a long established and vital part of Afro-centric urban culture to initiate the ritual of early morning fence climbing in the mid to late summer. This is a ~rite de passage~ </Franco-nasal accent> ubiquitous throughout the disadvantaged urban settings in which the SOO Yutes (Sons Of Obama) gain the skills and confidence which they need so desperately if they are going to administer righteous ass whuppins to creepy-azz crackahs in the fullness of their manhood.

This poor angelic baby was probably foraging hunter-gatherer fashion for Robitussin denied to him by the White Man’s institutions of oppression, like CVS and Walgreens.


19 posted on 07/28/2013 5:09:12 AM PDT by shibumi (Cover it with gas and set it on fire.)
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To: Right Wing Assault; Former Proud Canadian
Skittles + Arizona Watermelon Fruit Juice cocktail + Robitussin cough syrup (Codeine) = LEAN - a common street drink to get high that's all the rage of the youth...instead of say, responsibility, education, part-time after school job, homework, acting like a descent citizen...

20 posted on 07/28/2013 5:10:38 AM PDT by BCW (Book - http://babylonscovertwar.com/index.html)
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