The police shooting here from behind was not unreasonable on the totality. \u201cWhen McVae threw the rock, Trooper Perez had to make an immediate reflexive decision of how to protect himself in a rapidly evolving situation against an increasingly violent individual who had repeatedly resisted lesser forms of force. \u2026 Plaintiffs’ use of several frame-by-frame screenshots from the body camera footage to dissect events that occurred in less than 2.5 seconds is the \u2018sort of Monday morning quarterbacking\u2019 that our precedent proscribes. \u2026 [\u00b6] A reasonable officer could have believed that McVae posed a threat of serious harm even if he was running away and unarmed in the exact moment that Trooper Perez shot him.\u201d McVae v. Perez, 2024 U.S. App. LEXIS 27567 (5th Cir. Oct. 30, 2024).*<\/p>\n\n\n\n
Defense counsel\u2019s failure to call as a witness the judge who approved the arrest warrant as a witness wouldn\u2019t change the result on post-conviction. State v. Mayfield, 2024 Del. Super. LEXIS 727 (Oct. 28, 2024).*<\/p>\n\n\n\n
On post-conviction \u201cMr. Mayfield suggests that his rights guaranteed by the Fourth Amendment were violated by a \u2018failure to conduct [a] pretrial investigation,\u2019\u201d but that\u2019s purely conclusory and shows nothing. State v. Mayfield, 2024 Del. Super. LEXIS 727 (Oct. 28, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"
The police shooting here from behind was not unreasonable on the totality. \u201cWhen McVae threw the rock, Trooper Perez had to make an immediate reflexive decision of how to protect himself in a rapidly evolving situation against an increasingly violent … Continue reading