cab driver who claims to have shot in self defense gets new trial

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M-Quigley
Posts: 4800
Joined: Wed Jun 24, 2015 10:06 pm
Location: Western Ohio

cab driver who claims to have shot in self defense gets new trial

Post by M-Quigley »

https://www.cincinnati.com/story/news/c ... 618603007/

It was a 4-3 oh supreme court decision.
Palmer said at trial that he started carrying a gun in 2018 when he heard of another taxi driver who had been shot by a passenger, adding he rarely drove at night out of fear. During his time as a cab driver, Palmer said, he had been shot at, attacked and robbed.

He admitted in court to shooting Young but claimed he acted in self-defense.

The trial court judge denied Palmer’s request to instruct the jury on self-defense, saying in part they disagreed “that a reasonable person would believe that they were in danger of being killed by Mr. Young under that situation,” according to the ruling.

In writing for the majority, Chief Justice Sharon Kennedy said the trial court judge overstepped by improperly weighing Palmer’s evidence of self-defense and considering whether it was credible and convincing.

“When determining whether to provide a self-defense jury instruction, it is not the trial court’s duty to determine whether the defendant presented persuasive evidence to support the elements of self-defense,” the chief justice added.
https://www.cincinnati.com/story/news/c ... 618603007/
M-Quigley
Posts: 4800
Joined: Wed Jun 24, 2015 10:06 pm
Location: Western Ohio

Re: cab driver who claims to have shot in self defense gets new trial

Post by M-Quigley »

another link, in case the 1st one doesn't work

https://www.courtnewsohio.gov/cases/202 ... 220987.asp
Brian D.
Posts: 16240
Joined: Mon Jul 04, 2005 8:42 pm
Location: SW Ohio

Re: cab driver who claims to have shot in self defense gets new trial

Post by Brian D. »

I don't recall this story, so I dug deep and read up on it. The cab driver could have saved himself a lot of trouble by refusing that fare. Guy was drunk, asleep more than awake, wanted to be taken a long way to (sorry, Moscow residents) the back side of nowhere.

,
Quit worrying, hide your gun well, shut up, and CARRY that handgun!

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1911 and Browning Hi Power Enthusianado.
M-Quigley
Posts: 4800
Joined: Wed Jun 24, 2015 10:06 pm
Location: Western Ohio

Re: cab driver who claims to have shot in self defense gets new trial

Post by M-Quigley »

Brian D. wrote: Fri Mar 22, 2024 8:05 am I don't recall this story, so I dug deep and read up on it. The cab driver could have saved himself a lot of trouble by refusing that fare. Guy was drunk, asleep more than awake, wanted to be taken a long way to (sorry, Moscow residents) the back side of nowhere.

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I've never drove a general type cab, although I did once work for a company that had a contract with the VA to transport outpatients to from VA appts, in a radio dispatched cab like car. Never had a problem, thankfully never had to refuse someone. Can a cab driver refuse to take drunk passengers like an Uber driver can, since they're not independent contractors? IDK
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