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Interesting Colorado case on felons and self-defense
People v. Dewitt, discussed over at The Volokh Conspiracy. The Colorado court holds, based on the State right to keep and bear arms, that a felon charged with possession is entitled to a jury instruction on his right to self-defense if he presents any evidence on that issue (in this case the evidence offered was that there had been muggings and suspicious activity in the area, so it need not be "someone was coming at me with a knife" type immediacy.
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And from what state did they take their rkba amendment from??? "Show Me" lol.
I think there is a difference of opinion between the high courts of each state.
Well....perhaps that is going to change now. Perhaps.
No, "5th" the difference of opinion among the state courts is irrelevant, because the Colorado opinion is based on its interpretation of Colorado constitution. Not Federal.
SPQR...it appears you have no understanding of history or case law in the various states. Colorado took their RKBA amendment from Missouri, these are the courts I'm talking about and even said it was the high courts of the states that hold different opinions. I hope you are not counsel for anybody in need. It appears you also can not read.
One more thing...Missouri is the "Show Me" state...try picking up a book or two.
bdcptbsntboeuifmbx, http://www.ombuadkowr.com akgwaegynm
Indiana has had a similar ruling for many years. Necessity defense instruction.
Do you have that case? If not, do you want the cite?