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Quote by: Tivodan Sorry, I used a bit of legalize there for shorthand purposes.
State v. Munoz is a case in Louisiana court, I was reading from the decision, which is cited as "575 So.2d 848". The case at this point was in the 5th Circuit Court of Louisiana, which is the intermediate appeals court (in between the trial courts and the highest court).
"writ denied" means that the loser in this case (the criminal defendant) appealed this decision to the highest court in Louisiana, the Supreme Court. "writ denied" means that the Supreme Court took a look at the 5th Circuit's opinion and said, "nah, they got it right, there's no point in us hearing it". So in effect, that case is the law of the land. |
I see. Yea, I'm not fluent in legal speak.
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Although, you can see an appeals court every once in a while on Law and Order
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I only watch sports, news and documentaries.
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Well, the statute is "dangerous", not "deadly", but I have the same hard time. In NY, dangerous weapons are enumerated in a list, so there's no room for interpretation. LA is different I guess.
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It just seems they would need to prove intent in order to charge with attempted murder. Either by verbally expressing the desire to kill, or by use of a deadly weapon. Excessive force could be as well, but the injuries in this case don't seem severe enough to indicate a true effort or intent to kill.
I will have to remember to take my shoes off next time I get in a fight.