Sd 38 ammo reloads.

[SgtLumpy]

Actually, [filing a civil suit] old marksman already addressed this, that evidence IS required.

I think you mis-interpreted either his or my post. No evidence is required to FILE a civil suit. You could file suit against me today for any number of civil offenses even having never met me and have zero evidence. You may not get an ethical lawyer to help you, or you might. Or you could represent yourself. Even without evidence, you file suit and I'd have to answer to your charges, real, imagined, supported or not supported. Evidence would surely be required in most cases to PROVE your side of the story, but not always.

"I burned my thighs when the hot McDonalds coffee spilled on it". "I opened your can of olives and found a mouse". "While I was in your jail serving my sentence, your deputies made fun of me when I prayed" - are all suits that have been filed with no evidence. They may not prevail, but they could file.

is it always wiser to retreat, if possible?

Yes. Always. 100% of the time.

I would have to think that a retreat, if verifiable, would make the shooter look better? Am I right?

Consider shifting focus from "Shooter looking better" or "Getting away with it" to "Maintaining my sanity". Carrying a deadly weapon shifts (should shift) your thinking NOT toward "I'm safe now to go into that situation" to "I have to now be xtra careful not to go into that situation because it might result in the 2nd worst thing that could happen in the world, I kill someone".


Sgt Lumpy

 

[Winchester_73]

What had the shooter posted on the Internet?

Did the shooter have any posters such as those that say "Protected by Smith & Wesson?" or "…be Found here Tommorrow"?

Did the shooter have in his possession any training material that spoke of "always winning"?

If there were no criminal charges filed, but a civil suit was filed, how easy/hard would it be for the prosecutor/plaintiff to get a search warrant?

 

[Winchester_73]

Consider shifting focus from "Shooter looking better" or "Getting away with it" to "Maintaining my sanity". Carrying a deadly weapon shifts (should shift) your thinking NOT toward "I'm safe now to go into that situation" to "I have to now be xtra careful not to go into that situation because it might result in the 2nd worst thing that could happen in the world, I kill someone".

Thats a given. I meant if you retreated, but had to shoot, and you could prove somehow you retreated, I would think that would be an important part of the defense. I was not implying anything else such as "what would it take for me to get away with shooting someone". In some instances, you may have to shoot after retreating, and I was asking about that.

 

[OldMarksman]

If there were no criminal charges filed, but a civil suit was filed, how easy/hard would it be for the prosecutor/plaintiff to get a search warrant?

The plaintiff would use a subpoena.

If you you have ever received or otherwise seen a subpoena for documentation, you will know that you don't want to receive one.

BTW, in civil proceedings, one may not refuse to testify to avoid civil liability.

 

[Don P]

I'll add this with knowing that Mr. Zimmerman's lawyers start the defense testimony today. One thing they DO NOT have to overcome or deal with is reloads used in the shooting and rest assured a civil suit will follow in the criminal trial

 

[Spats McGee]

I see, Spats McGee, that you are an attorney, based upon your TFL profile. What kind of cases do you specialize in, and how many years experience do you have? Which law school did you attend? I'm just curious, I'm not doubting you or anything. Have you handled cases similar to the scenarios in this thread?

Those are all fair questions, Winchester_73. I guess if I'mma act like I know something, I should be prepared to back it up with my bona fides, right?

I graduated from the University of Arkansas at Little Rock, the William H. Bowen School of Law in 2002. I got licensed in the Arkansas state and federal courts that year. I spent the first year out of law school clerking for a Justice of the Arkansas Supreme Court. After that, I got licensed in the 8th Circuit Court of Appeals in 2003, and spent ~3.5 years as a litigator in a quasi-governmental agency where I defended cities, their officers, boards, etc. Did lots of excessive force, unlawful search and seizure, and qualified immunity work. Got licensed at SCOTUS in 2006. After that, I opened my own firm, doing criminal defense, divorces, and a smattering of other things. In 2010, I shut down my firm, and took my current job, where I am a deputy city attorney. I collect on grass-cutting liens, prosecute traffic offenses & "environmental court" (high grass, barking dogs, etc.), defend officers from excessive force claims in state and federal court, handle car wreck cases (like when a patrol car or city garbage truck hits someone's car), etc.

Have I handled an SD case involving reloads? Nope. I've spent the last ~10 years working in law and dealing with the rules of evidence, though. I've handled scientific matters dealing with blood draws, blood toxicology reports, crime lab tests, meth labs, etc. I have handled dozens of use of force cases from the "police side of the equation," and I have spent the last few years since I started carrying making sure that I was well informed of the nuances of self-defense law.

If there were no criminal charges filed, but a civil suit was filed, how easy/hard would it be for the prosecutor/plaintiff to get a search warrant?

In a civil suit, (at least in AR) the plaintiff's attorney can issue a subpoena for any discoverable document, paper, or other tangible thing. No court approval is required. The burden is then on the defendant to quash the subpoena.