Tag: make my day
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Colorado Supreme Court confirms ‘Make My Day’ home defense not applicable to reckless killing
The Colorado Supreme Court ruled on Monday that a man convicted of manslaughter in Adams County could not rely on the state’s “Make My Day” law authorizing lethal force against home intruders to defend himself against a charge of recklessly shooting his friend. There was no dispute that Justin Brendan Martinez shot and killed Ismael…
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Denver man’s shooting not covered under ‘Make My Day’ immunity, Colorado Supreme Court rules
A defendant cannot avail himself of the immunity Colorado law affords those who use lethal force against home intruders, the state Supreme Court ruled on Monday, because his victim was not inside any “dwelling” when he fired the shots. Joseph M. Howell stands accused of attempted murder and other charges. In February 2023, a man…
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Colorado Supreme Court explores limits of ‘Make My Day’ defense
There was no dispute that Justin Brendan Martinez shot and killed his friend, Ismael Huerta, inside Martinez’s house. Martinez and another witness described the shooting as a freak accident, one in which Martinez fired his gun at the floor but happened to fatally wound Huerta. Adams County jurors acquitted Martinez of murder but convicted him…