But, since the law is not retroactive, he probably has no case on appeal.Kende Moses is serving a 60-year sentence for something that is no longer a crime, his attorney says.
Moses was convicted of second degree-murder in 2004. Eleven months later, the Legislature amended the state's Castle Doctrine, legalizing what he did -- killing someone he believed was about to hurt or kill him, according to attorney Charles White.
. . .
White argued that Moses shot in self-defense. Prosecutors countered that he may have felt threatened, but he had a duty to run away rather than shoot.
I have heard of other cases in other states where it was difficult/impossible to get a CCW permit, but the law was funny. Cases passed where a man was assaulted with a weapon, the man drew his illegally-carried firearm and defended himself, and was arrested for illegal carry. At trial, the charges were dismissed because of a "passive defense" (?) showing that while it was illegal to carry, the fact that he was assaulted showed a reasonable cause for him to have been able to carry....and therefore the charges were unreasonable and the case was dismissed.gunsmoker said:So the guys who defended themselves with illegally-carried weapons (assuming they were carrying them on their person without a permit) won't be charged with anything? I can see why they aren't going to be charged with any crime for how they USED the weapons-- no charges for agg. assault, attempted murder, reckless endangerment, etc--- because they had no criminal intent, but rather were only invoking their right to self-defense when attacked.
But is it right that they also get a pass for carrying the guns illegally in the first place?
Petition for a pardon? Seems like it wouldn't be so far-fetched to get....Malum Prohibitum said:In related news, Case #2 from Florida.
But, since the law is not retroactive, he probably has no case on appeal.