Recent comments in /f/newhampshire

RondaArousedMe t1_j6kuwlc wrote

A.) You don't know whether either punch was provoked or not

B.) While a punch to the face can technically be lethal, it seems that it is a far stretch from "deadly force" under the NH law. (If you get into a fist fight it's considered assault not attempted murder in the vast majority of cases)

C.) I would assume that if you follow someone out of an establishment to confront them with implied confrontation/violence that is not defending yourself. That person is looking for a confrontation and they responded with deadly force

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Hot-Specialist-6824 t1_j6ktnvg wrote

Punches are generally non deadly force. In this case The roundhouse thrown certainly was non deadly force. You cannot respond to non deadly force with deadly force. As a retired attorney who practiced in both Mass and New Hampshire I can tell you that the arguments regarding the defendant thinking he may have received life-threatening damage from the knockout which would then permit him to use lethal force is not going to fly in front of a jury. This is because of two reasons, the first is a reasonable person would not think that and that is the standard. The second is when you're not in your home, and you are confronted by deadly force you have a duty to retreat if you can. And these hold true in both civil and criminal law. Last, somebody said something about John's size. Well it's not definitive, again, go to the reasonable person. What a reasonable person of John's size be more or less fearful of someone much smaller? (Yes, someone's always going to bring up what if John thought the smaller guy might be a karate expert or something. Again, go to the reasonable person standard, would someone thinking the smaller guy is a martial arts expert be a reasonable assumption? No. That would be a big leap of faith). The ONLY a thing that might possibly make him guilty of a charge lesser than second degree murder is having received a blow to the head minutes earlier. That would be the battle of the expert witnesses. Second degree murder is not what they call a specific intent crime it is a crime of malice, therefore voluntary intoxication, which is a defense against specific intent crimes, is not a defense here in any way to lessen the charges.

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Tullyswimmer t1_j6ktbog wrote

His performance in state-level elections would suggest otherwise. MAGA does vote for him, as do a lot of moderates. Real-life moderates, not Reddit "moderates" don't generally have a problem with the type of abortion legislation he's supported, and education is rapidly changing, look at Youngkin in Virginia and even DeSantis' "don't say gay" bill is fairly popular nationally.

If you think Sununu isn't capable of appealing to moderates and MAGA, you're wrong. He can and already does, as every election he's run in in the state shows.

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DeerFlyHater t1_j6kskf0 wrote

I get sad reading that report every time it comes out. Some like the runaways I can sort of understand, but to just disappear? Sad, bewildering, and potentially scary-especially if you may fit a description of a couple of the suspiciously missing persons.

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RondaArousedMe t1_j6ksizg wrote

I understand the law and the reasoning for it but your calling the guy who allegedly threw two sucker punches an animal and not the guy who based on his own words, left the bar looking for retaliation of some kind and immediately drew his firearm firing 8 rounds an animal?

They both seem like giant cowards to me.

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Smartalum t1_j6krcgo wrote

Former prosecutor here.

The initial pleading will always be not guilty. It is damn near malpractice for a defense lawyer to say anything differently than the lawyer did here.

So the OP is completely wrong about the significance here.

And no OP - I don't think you give a DAMN about the loss of life here. And you absolutely are trying to justify the result.

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