Comments Thread For: Jermain Taylor Facing Two Felonies From Shooting Case

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  • nathan_nall
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    #11
    Originally posted by TotalStud
    Has nothing to do with a "license". He may have blew his self defense explanation when he ran back out shooting.

    If 2 guys break into your house and corner you and you have to defend yourself that's one thing... If you run into your house to retreive a weapon then go after them that's en entirely different thing.

    These cases do not revolve around the firearm or taser or knife or whatever, they revolve around how necessary the force used was. This sounds pretty excessive.
    You are correct that it has nothing to do with "license", but here is why. Arkansas is a constitutional carry state. You do not need licenses to own, open carry, or concealed carry a firearm. There are certain areas that you can not carry but they are few (schools, hospitals, clinics that treat mentally ill/children, Federal buildings, most state government buildings, etc.)

    This will come to an issue of Castle Doctrine. CD is similar to stand your ground but also expands to protecting your possessions and properties, not just your own life (or your family's). I see by your profile that you are, or were, in California. You guys have a VERY restrictive Castle Doctrine. Arkansas has a VERY permissive castle doctrine. You aren't as restrictive as Hawaii or New York, and Arkansas isn't as permissive as Texas... but it is close.

    In Arkansas (my birth state and home for 25 years), if someone steps onto your property and they are unwelcome, they are trespassing. You must clearly state that they are unwelcome. This can be as sign, a locked gate, or even just shouting out your window. And then, if given reasonable time and means to exit your property... if they choose NOT TO EXIT.... well, it's **** ****.

    Now, of course, as in ALL cases heard by a court... what you have the right to do is entirely up to your motivation. For instance, if you have murder on your mind... you can't "lure" someone onto your property for the express purpose of killing them. That is murder and you'll get a needle in your arm in Arkansas. So, it comes down to whether or not the DA can establish a nefarious motive. If the jury or judge believes that Taylor was merely reacting to an unwanted intruder/trespasser, he'll never see the inside of a cell.

    I know this is a long post, but I really think matters like this should be resolved when a debate is started between two sides and neither knows what they're talking about.

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    • MC Hammer
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      #12
      He shouldn't have said a thing to the police without his lawyer

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      • Hougigo
        Gossip Girl
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        #13
        I thought he voluntarily turned himself in?

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        • TaurusJ27
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          #14
          His next interview will be from jail.

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          • creekrat77
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            #15
            Seriously how can you be a professional athlete and find your self in these situations. D@mn hoodlums

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            • Butt stuff
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              #16
              Cotto, take notes. If you don't want to be publicy executed by GGG, seek the safety of incarceration like Taylor has done.

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              • ////
                ////
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                #17
                Originally posted by nathan_nall
                You are correct that it has nothing to do with "license", but here is why. Arkansas is a constitutional carry state. You do not need licenses to own, open carry, or concealed carry a firearm. There are certain areas that you can not carry but they are few (schools, hospitals, clinics that treat mentally ill/children, Federal buildings, most state government buildings, etc.)

                This will come to an issue of Castle Doctrine. CD is similar to stand your ground but also expands to protecting your possessions and properties, not just your own life (or your family's). I see by your profile that you are, or were, in California. You guys have a VERY restrictive Castle Doctrine. Arkansas has a VERY permissive castle doctrine. You aren't as restrictive as Hawaii or New York, and Arkansas isn't as permissive as Texas... but it is close.

                In Arkansas (my birth state and home for 25 years), if someone steps onto your property and they are unwelcome, they are trespassing. You must clearly state that they are unwelcome. This can be as sign, a locked gate, or even just shouting out your window. And then, if given reasonable time and means to exit your property... if they choose NOT TO EXIT.... well, it's **** ****.

                Now, of course, as in ALL cases heard by a court... what you have the right to do is entirely up to your motivation. For instance, if you have murder on your mind... you can't "lure" someone onto your property for the express purpose of killing them. That is murder and you'll get a needle in your arm in Arkansas. So, it comes down to whether or not the DA can establish a nefarious motive. If the jury or judge believes that Taylor was merely reacting to an unwanted intruder/trespasser, he'll never see the inside of a cell.

                I know this is a long post, but I really think matters like this should be resolved when a debate is started between two sides and neither knows what they're talking about.
                Yeah I'm aware of the differences in castle doctrine state to state (and admire the states who stand up for property owners -- my lawyer of all people had his home invaded and knew the laws so well that he merely laid there and got his ass kicked then called a liar by the cops and insurance company).

                In this case I still think the deciding factor will be Taylor admitting that he retrieved a weapon then re-emerged with it. They will try to argue that it ceased to be home defense when he became the pursuer.

                Maybe we can start betting points on the outcomes of felony trials boxers are in.

                IS it up to the state or his cousin to press charges? I'm gonna go with "settled out of court", where his cousin compromises with him (and takes all of his money) Taylor avoids prison and ends up fighting as a journeyman until he's 50 while a judge keeps tabs on his whereabouts.
                Last edited by ////; 11-20-2014, 07:00 PM.

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                • Dr Rumack
                  I Also Cook
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                  #18
                  Worked all his life to blow what's left of his money on this shit. Depressing.

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                  • PunchyPotorff
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                    #19
                    Originally posted by Luilun
                    Since Taylor is not a draw he''ll do 5 years easy
                    Lemme guess, you got your law degree from Whatsamatta U, right?

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                    • richardt
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                      #20
                      Back in the day Taylor always seemed respectful, likable, just a real nice guy and over time he has changed a bit. I hope life humbles him and he returns to that person he once was.

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