Common Sense For the Win!

This is a discussion on Common Sense For the Win! within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; The AZ Supreme Court turned down the prosecutor's request to hear the case of Harold Fish. Ruling to stand for Ariz. man in trail killing ...

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Thread: Common Sense For the Win!

  1. #1
    Distinguished Member Array MinistrMalic's Avatar
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    Common Sense For the Win!

    The AZ Supreme Court turned down the prosecutor's request to hear the case of Harold Fish.

    Ruling to stand for Ariz. man in trail killing

    The AZ legislature passed a law this year designed just to get his release for appropriately and defensively using his firearm to save his own life. Google "Harold Fish" if you haven't heard the story.

    This story is finally over, and finally cemented in case law. It's a victory for RKBA in AZ.
    "...whoever has no sword is to sell his coat and buy one." (Luke 22:36)
    Christianity and Self Defense from a Biblical Perspective

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    Good deal, now the state needs to expunge Fish’s records and restore his rights.
    When you have to shoot, shoot. Don't talk.
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  4. #3
    VIP Member Array Stevew's Avatar
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    Step in the right direction.
    Good people do not need laws to tell them to act responsibly, while bad people will find a way around laws. Plato

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    VIP Member Array chiefjason's Avatar
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    Good to hear. Sounded like a good case of disparity of force. Didn't they suppress some info about the other guys violent past issues?

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    Finally!!!

    Μολὼν λαβέ

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    Ex Member Array BikerRN's Avatar
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    This outcome has been too long in coming.

    Biker

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    Quote Originally Posted by msgt/ret View Post
    Good deal, now the state needs to expunge Fish’s records and restore his rights.
    Quote Originally Posted by MinistrMalic View Post
    The AZ Supreme Court turned down the prosecutor's request to hear the case of Harold Fish.

    Ruling to stand for Ariz. man in trail killing

    The AZ legislature passed a law this year designed just to get his release for appropriately and defensively using his firearm to save his own life. Google "Harold Fish" if you haven't heard the story.


    This story is finally over, and finally cemented in case law. It's a victory for RKBA in AZ.


    Quote Originally Posted by BikerRN View Post
    This outcome has been too long in coming.

    Biker



    Read that story, and damn near had tears in my eyes, thinking but for the grace of God, That could possibly be almost any descent average person going through that!


    "There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws...you create a nation of law-breakers and then you cash in on guilt."
    Ayn Rand




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    It is very frustrating that a simple case of SD can become so complicated and expensive...thank God Mr. Fish is finally finished with this entire ordeal.
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  10. #9
    VIP Member Array Sticks's Avatar
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    Unfortunately he will never get back what he lost.
    Sticks

    Grasseater // Grass~eat~er noun, often attributive \ˈgras-ē-tər\
    A person who is incapable of independent thought; a person who is herd animal-like in behavior; one who cannot distinguish between right and wrong; a foolish person.
    See also Sheep

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    VIP Member Array paramedic70002's Avatar
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    Return his weapon and pay him for his time!
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

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  12. #11
    VIP Member Array Sticks's Avatar
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    Quote Originally Posted by paramedic70002 View Post
    Return his weapon and pay him for his time!
    The man spent 5 years in Prison, and god knows how much in legal fees for his defense.

    I'd say he made the ultimate sacrifice for AZ CCW permit holders rights, but his ordeal was far from voluntary.

    I doubt there is anything that the AZ judicial system could do or give him to make up for this.
    Sticks

    Grasseater // Grass~eat~er noun, often attributive \ˈgras-ē-tər\
    A person who is incapable of independent thought; a person who is herd animal-like in behavior; one who cannot distinguish between right and wrong; a foolish person.
    See also Sheep

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    As a 25+ year Arizona resident I was very disappointed in this case and I sincerely hope the Mr. Fish may sue and be awarded a huge judgment. He has lost so much and justice was not served. He was instrumental with improving the laws that protect citizens against wrongful prosecution, and he deserves to be compensated.
    Regards,
    “Monsters are real and so are ghosts. They live inside of us, and sometimes they win.”
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  14. #13
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    Here's the release from the NRA:

    Overturned Murder Conviction Will Stand for Arizona Man Who Used a Firearm in Self-Defense


    Fairfax, Va. -- An Arizona man who spent nearly three years in prison for justifiably shooting a man in self-defense is now free and clear of all guilt in his case. This week the Arizona Supreme Court let stand the state appellate court’s decision to overturn Harold Fish’s second-degree murder conviction. The National Rifle Association provided assistance in this case. NRA’s Office of General Counsel advised Fish’s defense counsel, and the NRA Civil Rights Defense Fund provided financial aid for Fish’s defense.

    Chris W. Cox, executive director of NRA’s Institute for Legislative Action said, “We are pleased that justice has finally prevailed for Mr. Fish in this case that was clearly justifiable self-defense. We wish the best for Mr. Fish and his family in the future.”

    In 2006, Harold Fish was convicted of second-degree murder in the shooting death of Grant Kuenzli. Fish encountered Kuenzli and his vicious dogs while hiking on a trailside in Coconino County in May of 2004. After Fish fired warning shots at the aggressive dogs, Kuenzli tried to attack him, and Fish was forced to shoot him in self-defense. At the time of the shooting, current self-defense laws in Arizona -- which put the burden of proof on the prosecutor instead of the defendant -- did not exist. During Fish’s trial, the jury was not allowed to hear evidence that Kuenzli had acted violently in similar situations in the past. In June, an Arizona appellate court overturned Fish’s conviction, acknowledging the jury should have heard this evidence and also saying the jury was not instructed properly on the meaning of “unlawful physical force.” Attorney General Terry Goddard had asked the Arizona Supreme Court to review the appellate court’s decision, and this week they declined.

    Fish’s case spawned two laws in Arizona strengthening the rights of gun owners to use a firearm to defend themselves and their loved ones. SB 1145, passed in 2006, put the burden of proof back on the state, saying that those who use firearms in self-defense are to be considered innocent until proven guilty. This year, Governor Jan Brewer signed SB 1449 into law, making retroactive SB 1145, which effectively allowed Fish and others in similar positions the right to a new trial, as well as to be considered innocent in the justifiable use of force unless the state proves otherwise.
    Bumper
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  15. #14
    Distinguished Member Array JerryM's Avatar
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    I am very pleased his conviction was overturned.
    However, it is an example that even if the shooter is in the right he may have years of stress, expenses, and even jail.

    I do fear that some are a little cavalier about shooting another person, and situations like this one should be a lesson for all of us.
    I have always believed he had an incompetent lawyer.

    Regards,
    Jerry

  16. #15
    VIP Member Array packinnova's Avatar
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    Quote Originally Posted by paramedic70002 View Post
    Return his weapon and pay him for his time!
    Specifics are important here...the taxpayers shouldn't be footing this...but the overzealous prosecutor sure should!
    "My God David, We're a Civilized society."

    "Sure, As long as the machines are workin' and you can call 911. But you take those things away, you throw people in the dark, and you scare the **** out of them; no more rules...You'll see how primitive they can get."
    -The Mist (2007)

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