Joe Doakes from Como Park emails:<\/p>\n
It\u2019s not strictly speaking a gun-rights case.\u00a0 But the discussion of the 21-foot rule might be useful to a CCW permittee who finds herself explaining why she shot a person holding a knife, standing a little distance away from her.<\/p>\n
The defendant in this case argued with apartment security, went to her car, retrieved a knife, then returned to threaten security with the knife.\u00a0 The prosecution called the investigating detective, who testified:<\/p>\n
\u201cOver defense objection, Detective Ratajczyk testified regarding the continuum of force; the lowest level of force being the presence of a person in uniform, and the level of force then moves from verbal, to physical, to deadly force.\u00a0 According to Detective Ratajczyk, force in response to a threat is \u201cmet with the same force plus one.\u201d\u00a0 Detective Ratajczyk also testified that he believed\u00a0a knife is a dangerous weapon, particularly if the knife is within 21 feet of an officer because a distance of 21 feet is the minimum distance an officer with a holstered weapon needs to react to a threat from a knife<\/strong>\u00a0. . . Even if we were to conclude that the challenged testimony was inadmissible, appellant cannot establish prejudice because there is no reasonable possibility that the verdict would have been different had the challenged testimony not been admitted.\u00a0\u00a0See Post<\/em>, 512 N.W.2d at 102.\u00a0\u00a0The record reflects that the evidence supporting appellant\u2019s guilt was overwhelming.\u201d<\/p>\n
The Court didn\u2019t actually rule on whether the 21-foot rule was valid.\u00a0 But the court didn\u2019t toss it out, either.\u00a0 Keep this case in your pocket for the next time somebody claims a knife isn\u2019t a reason to use deadly force.<\/p>\n
Joe Doakes<\/p><\/blockquote>\n
I would love to see the weasel assistant DA who tries to state with a straight face that a knife isn’t a deadly weapon.<\/p>\n
Only on Planet Law.<\/p>\n","protected":false},"excerpt":{"rendered":"
Joe Doakes from Como Park emails: It\u2019s not strictly speaking a gun-rights case.\u00a0 But the discussion of the 21-foot rule might be useful to a CCW permittee who finds herself explaining why she shot a person holding a knife, standing a little distance away from her. The defendant in this case argued with apartment security, […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[7,22],"tags":[],"class_list":["post-44822","post","type-post","status-publish","format-standard","hentry","category-crime-and-punishment","category-victim-disarmament"],"_links":{"self":[{"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/posts\/44822","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=44822"}],"version-history":[{"count":2,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/posts\/44822\/revisions"}],"predecessor-version":[{"id":44827,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/posts\/44822\/revisions\/44827"}],"wp:attachment":[{"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=44822"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=44822"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=44822"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}