Loosedhorse
Moderator
True. And then he might have been convicted.I'm not sure of that--such a defense would likely have put more focus on the caliber.
We all get to make our own decisions. If (G-d forbid) I'm ever tried for a self-defense shooting, and if the prosecutor tries to make an issue of my use of hollow-points, you can be assured that my defense will discuss that issue at length to expose the lies about hollow-points the prosecutor and his witness just entered into evidence.
Even if it puts more focus on the fact I used a 10mm. Or used a 9mm--the very same pistol caliber the Nazis used!!!!
Of course, at least they were kind and gentle enough to use FMJs.
YMMV.
So what? Again, we have nowhere established that the caliber was a factor in the jury's convicting Fish. There is no evidence that "10mm = conviction."asking the bailiff whether the bailiff carried a 10MM side-arm.
It is apparently the HPs-are-death-bullets testimony that swayed the juror, and so that evidence should have been dealt with. That wouldn't have been hard to do, starting with establishing that the bailiff uses the same bullets.
Now, sure, since the prosecutor did indeed make a huff about the 10mm caliber, that also should have been dealt with by the defense. Even if it's true that the 10mm caliber did not sway the jury, there was no way they could have known it wouldn't in advance. So leaving any negative claims about 10mm go unchallenged was (again) one of many errors made by Fish and his defense.
(I again admit I may be wrong here: if someone does have a reference to a juror interview in which he or she says that the 10mm was a big factor in Fish's conviction, I'd be grateful to be pointed in the right direction. I have read some good attorneys' speculations to that effect, but nothing beyond opinion.)
In the end, we have to decide what lessons we'll learn from Fish. Don't use HPs? Don't use 10mm when hiking?
Or be prepared to articulate to the jury why you made those choices, understanding that all of your choices will be open to question.
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