Gator, maybe you're right, but we are reading precise legal briefs. On the hip is general, but if it was a well hidden iwb holster or just jammed into his pants, a judge should have considered the possible value of that information and provided it. This could have affected the outcome.
Something shown later in the document was that the burden of proof lies on the prosecution. The prosecution must prove beyond reasonable doubt that a killer used poor judgment or even deliberately violated the laws governing deadly force self defense.
The prosecution provided much evidence that he acted stupidly and that he had in the past, and that it was in his nature to do so. There was also evidence that he may have lied to build a case for justified homicide.
It just gets worse.
Something shown later in the document was that the burden of proof lies on the prosecution. The prosecution must prove beyond reasonable doubt that a killer used poor judgment or even deliberately violated the laws governing deadly force self defense.
The prosecution provided much evidence that he acted stupidly and that he had in the past, and that it was in his nature to do so. There was also evidence that he may have lied to build a case for justified homicide.
It just gets worse.