Sunday, June 26, 2011

CA: Organizer to be tried for murder in failed pot robbery: "Mendocino County prosecutors on Friday won their bid to try a Laytonville man for murder under the rarely-used Provocative Act Doctrine, which holds that a person can be guilty of a killing even if someone else committed the slaying. Noah Shinn, 39, of Laytonville, faces the murder charge because he allegedly orchestrated a marijuana-related home invasion robbery last October at the rural Steele Lane residence of Jill Cahill. Homeowner Cahill actually shot and killed one of three intruders while Shinn allegedly waited outside. The masked robbers included victim Timothy Burger, 21, and Shinn's 19-year-old son Christopher, both of Sacramento. Deputy District Attorney Ray Killion successfully argued after a three-day preliminary hearing that even though Cahill fired the fatal shot that killed Burger, Noah Shinn is legally responsible for his death."

NYC $340 gun license charge 'inherently prohibitive': "A legal brief has been filed in U.S. District Court in New York asking for a summary judgment that would strike New York City's $340 triennial fee for just owning a handgun. The brief by the Second Amendment Foundation and its affiliate attorney, David Jensen, explains that under U.S. Supreme Court rulings, "the right to keep a handgun in the home for self-defense is a part of the 'core' of the Second Amendment's protections." While the city can charge a nominal fee to defray costs, the $340 fee is not nominal, and has never been calculated to defray costs." The brief also argues that the Constitution's Equal Protection Clause must be considered, because state residents outside of New York City pay no more than $10 for a permit."

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