Rebuttal - Rebmasel - TopPodcast.com

Latest Episodes:

24: Stand Your Ground Apr 30, 2024

Show notes

(WATCH THIS EPISODE ON YOUTUBE) Since Biblical times, self defense has been simple. Guard your castle. Retreat to the wall. Defend yourself. The U.S. stole its common law from the English, and the elements of self defense didn't change. Until.......Florida.

Why did Florida change its slogan from the Sunshine State to the Kill At Will State? Aren't Stand Your Ground Laws a good thing? How old is the Castle Doctrine? Whose castle is it anyway? Reb lowers the drawbridge on the madness and teaches you all the wheres and whens and hows on who is really allowed to "defend" themselves.

**CONTENT WARNING** Racial violence and violence against women and children.

0:00 - Content Warning

2:24 - Intro

8:08 - Trayvon Martin/Michael Brown/Tamir Rice

10:07 - Philando Castile

15:00 - People v. White (2010)

26:16 - Duty to Retreat

30:05 - The Castle Doctrine

30:45 - Beard v. United States (1895)

31:10 - People v. Tomlins (1914)

34:15 - Background on SYG Laws

36:00 - Self-defense elements/Duty to retreat

43:45 - SYG Laws and Imminence

46:27 - Removing Imminence > Race/Gender/DV

52:53 - Bernard Goetz (1986)

56:20 - Kathy & James Workman (Fla. 2004)

58:41 - The NRA & SYG

59:30 - Jimmy Morningstar (2003)

1:04:30 - Charles Harper (2009)

1:06:00 - Pedro Roteta (2011)

1:10:13 - Duty to retreat

1:11:10 - Domestic Violence & The Castle Doctrine

1:20:17 - Deven Grey (2017) / Brittany Joyce Smith (2018)

1:22:03 - Collected cases of men using SYG Laws successfully

1:23:41 - Peggy Stewart Case (1988)

1:31:18 - Kansas Supreme Court is on my sh*t list

1:32:00 - "Reasonableness" for a woman

1:33:50 - Collected cases on DV victims and Castle Doctrine/SYG

1:47:00 - Castle Doctrine clashes with Knock + Announce Rule

1:48:32 - Breonna Taylor

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https://www.trayvonmartinfoundation.org/

https://michaelodbrown.org/

https://www.tamirericefoundation.org/donate

https://www.philandocastilefoundation.org/

https://www.gofundme.com/f/freedom-and-reentry-fund-for-deven-grey

https://justiceforbreonna.org/

***

COMPLETE SOURCE LIST IN YOUTUBE EPISODE NOTES

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23: The Booby Traps Apr 09, 2024

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(WATCH THIS EPISODE ON YOUTUBE) Humans have been digging moats, slingshotting arrows, poisoning food, and laying spikes for thousands of years — and modern day booby traps are still alive and well. But what do an Indiana Jones-inspired hot tub contraption and a haunted house’s 20-gauge shotgun have in common? Vengeance.

This episode starts the engine for Episode 24’s deep dive into self-defense, "Stand Your Ground" laws, defense of property, and the Castle Doctrine. But first, listen to Reb pick tibia bones and shotgun pellets off the floor in Katko v. Briney (1971).

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22: The Boxers, A Bomb, and Dolly Mapp Mar 14, 2024

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(WATCH THIS EPISODE ON YOUTUBE) There are 3 reasons one of the most important 4th Amendment rules in America exists as it does today: (1) Boxers in the criminal underworld, (2) A bomb in the house of famous boxing promoter Don King, and (3) Dollree "Dolly" Mapp - The young black woman who dated bad boys and stood up to an all-white police force in Baltimore...and won.

What started as a mobster/boxer gambling ring turned into a 4-year battle over...you guessed it...nude magazines. Come with Reb to throw some punches and start a Dolly fan club in Mapp v. Ohio (1961).

INTRO/CONTEXT: 0:00-7:29

CASE BEGINS: 7:30

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Sources Cited:

Ken Armstrong, “Dollree Mapp, 1923-2014: “The Rosa Parks of the Fourth Amendment,” The Marshall Project (Dec. 8, 2014) https://www.themarshallproject.org/2014/12/08/dollree-mapp-1923-2014-the-rosa-parks-of-the-fourth-amendment
Carolyn N. Long, “Mapp v. Ohio: Guarding Against Unreasonable Searches and Seizures” (2006)
ClevelandMemory.Org, “Mapp v. Ohio - 367 U.S. 643 (1961), https://www.clevelandmemory.org/legallandmarks/mapp/decision.html

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21: The Witness Protection Program Feb 07, 2024

Show notes

(WATCH THIS EPISODE ON YOUTUBE) We protect the witnesses from the public, but who protects the public from the witnesses? Peek behind the curtain of the Witness Protection Program and prepare to be shocked, afraid, and bamboozled. Take cover with Reb and start questioning everything and everyone in United States v. Wilson (1981).

**CONTENT WARNING at 58:52 for violence against children**

***

SOURCES [chronological order by reference or cite]:

United States v. Wilson (1981)
Secord v. Schlachter (1983)
https://www.cia.gov/readingroom/docs/CIA-RDP09S00048R000100020104-6.pdf
https://www.washingtonpost.com/wp-dyn/articles/A59212-2004Jun21_4.html
https://www.cia.gov/readingroom/docs/CIA-RDP90-00552R000605840009-1.pdf
https://www.copvcia.com/free/ciadrugs/Ed_Wilson_1.html
Karen S. Cooperstein, Enforcing Judgments Against Participants in the Witness Protection Program, 36 Stan. L. Rev. 1017 (1984)
Michal Gilad, Who Will Protect The Children?: The Untold Story of Unaccompanied Minors In Witness Protection Programs, 12 Whittier J. Child & Fam. Advoc. 43 (2012)
Raneta Lawson Mack, The Federal Witness Protection Program Revisited and Compared: Reshaping An Old Weapon To Meet New Challenges in the Global Crime Fighting Effort, U. Miami Int'l & Comp. L. Rev. 191 (2014).
Tanya Asim Cooper, Sacrificing the Child To Convict The Defendant: The Secondary Traumatization of Child Witnesses By Prosecutors, Their Inherent Conflict of Interest, and the Need For Child Witness Counsel, 9 Cardozo Pub. L. Pol'y & Ethics J. 239 (2011)
Laura Perry, What's In A Name?, 46 Am. Crim. L. Rev. 1563 (2009)
https://www.baltimoresun.com/2003/04/26/youth-is-found-fatally-shot-after-being-called-as-witness/
https://www.azcentral.com/story/news/local/arizona-investigations/2017/10/31/witness-protection-program-who-protects-public/748986001/

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20: The Man Who Begged To Be Beheaded Jan 27, 2024

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(WATCH THIS EPISODE ON YOUTUBE) Most people would like to keep their heads. Thomas Donaldson isn't one of them. This mathematician and computer scientist wanted his cut off, and he wanted it to be done while he was still alive.

Bring a warm jacket and follow Reb into the frozen head refrigerator for Donaldson v. Lungren (1992).

INTRO/REB CHAT: 0:00-19:32

CASE STARTS: 19:32

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19: Housewives For Chemical War Dec 20, 2023

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17: The Cadaver Meet And Greet Dec 02, 2023

Show notes

Plug your nose and cross your heart - a rotting corpse is on the stand. 1,126 years ago, Rome was going through Popes like napkins at a BBQ cook-off. Most of them were killed, tortured, maimed, spit on...by each other. Eventually, Desperate Housewives and the Catholic Church collided to exhume a body and strap him to a chair. Why did we put a dead body on trial in 897 AD...and again in 2013? Oh, and can you marry someone after you die? As always, Reb gives you the answers, blessings, and vengeance in Cadaver Synod.

WATCH THIS EPISODE ON YOUTUBE: https://youtu.be/i1jsE4PcBRk?si=ErAF4rYdDk6e9d5n

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Special, special thank you to @tanicaesar at Unhinged History for having me on her pod in September 2023 to ramble about this case with vodka and laughter.

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18: The Airman Is Alive Dec 02, 2023

Show notes

Pararescue is the most highly decorated Air Force-enlisted force, executing the most perilous, demanding, and extreme rescue missions at anytime, anywhere around the globe. Their motto is: "These Things We Do, That Others May Live." Pararescue Staff Sergeant James D. Pou was so legendary, he became the "gold standard" for how the Air Force drills its trainees. He died a hero.

So why did the June 2, 1993 L.A. Times headline read: "Bigamist, Deserter Escapes From Air Force Brig"....? Grab a parachute and jump into the interstate scandal of one legendary Airman/escape artist, two wives, two affairs, five kids, one bank robbery, and a military prison break. Reb debriefs the military's very own "justice" system and why you can't lead a triple life if you can't keep your gun dry in U.S. v. Pou (1995).

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CLICK HERE TO WATCH THIS EPISODE ON YOUTUBE

INTRO: 00:00 to 8:09

CASE BEGINS: 8:10

Alternate Title: These Things We Do, That Douglas May Live.

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16: The (Rhymes With Corn-O) Trolling Law Firm Dec 02, 2023

Show notes

Illinois attorneys John Steele and Paul Hansmeier had an X-rated dream: to represent the “little guys”. The wrongfully accused? The juvenile delinquents? The small businesses? Porn production companies, of course. What started out as a seemingly legitimate copyright business model snowballed into what Federal Judge Otis D. Wright II called “a porno trolling collective”. Yes, there are court transcripts.

Wolf of Wall Street meets Suits meets adult film stars meets iconic court transcripts. Hear Reb unzip the epic saga of Prenda Law and Ingenuity 13 LLC v. John Doe (2012).

INTRO: 00:00

CASE STARTS: 11:10

***

WATCH THIS EPISODE ON YOUTUBE: https://youtu.be/k4WWI3XE99U

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Sources/Articles/Transcripts/Court Orders

Defense attorneys: Prenda litigation is 'unbelievable', 'just epic' - Washington Examiner (Dec. 23, 2012) (https://www.washingtonexaminer.com/defense-attorneys-prenda-litigation-is-unbelievable-just-epic)

What Prenda Law is facing in Los Angeles - Ken White, Pope Hat (Mar. 6, 2013) (https://www.popehat.com/2013/03/06/what-prenda-law-is-facing-in-los-angeles/)

Copyright Troll Case Tossed For 'Fraud On The Court' After Abbott & Costello-Worthy Hearing - Mike Masnick, TechDirt (Dec. 3, 2012) (https://www.techdirt.com/2012/12/03/copyright-troll-case-tossed-fraud-court-after-abbott-costello-worthy-hearing/)

John Steele's Property Caretaker Intervenes in Copyright Trolling Case, Alleging Identity Theft - Mike Masnick, TechDirt (Dec. 7, 2012) (https://www.techdirt.com/2012/12/07/john-steeles-property-caretaker-intervenes-copyright-trolling-case-alleging-identity-theft/)

Prenda Law's Attorneys Take The Fifth Rather Than Answer Judge Wright's Questions - Ken White, Pope Hat (April 2, 2013) (https://www.popehat.com/2013/04/02/prenda-laws-attorneys-take-the-fifth-rather-than-answer-judge-wrights-questions/)

Deep Dive: Prenda Law Is Dead - Ken White, Pope Hat (April 2, 2013) (https://www.techdirt.com/2013/04/02/deep-dive-prenda-law-is-dead/)

Judge Orders Prenda Law Group Beamed Out Into Space - Lowering The Bar (May 7, 2013) (https://www.loweringthebar.net/2013/05/judge-orders-prenda-law-group-beamed-out-into-space.html)

Judge Wright's Sanctions Order (May 6, 2013), https://docs.google.com/viewer?url=http://www.popehat.com/wp-content/uploads/2013/05/PendaSanctionsOrder.pdf

'Look, you may hate me': 90 minutes with John Steele, porn troll - Joe Mullin, ArsTechnica (May 10, 2013) (https://arstechnica.com/tech-policy/2013/05/look-you-may-hate-me-90-minutes-with-john-steele-prenda-porn-troll/)

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15: The U-Haul Family Dynasty Dec 02, 2023

Show notes

Pro Tip: When you become a billionaire overnight, use protection (or get coup insurance). The true story of the U-Haul family feud that lasted 40 years (and counting). Listen to Reb dodge brotherly punches in Shoen v. Shoen (1993).

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