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30th September 2019, 08:53 AM | #281 |
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Judge says that Manslaughter is an optional lesser charge. No mention of Criminal Negligent Homicide as being available..
Judge seemed to describe "Castle Law" but didn't use the term "castle law". Maybe that's because it's a common nickname for that law but isn't used in jury instruction. Judge did speak quite a bit about "mistake of fact" and used that term many times. |
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30th September 2019, 09:00 AM | #282 |
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30th September 2019, 09:06 AM | #283 |
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Just trying to catch up, are these closing arguments?
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30th September 2019, 09:08 AM | #284 |
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30th September 2019, 09:09 AM | #285 |
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Closing arguments happening right now.
Prosecutor is talking about "Castle Doctrine" and is using that term repeatedly. Here is a link to live feed: https://dfw.cbslocal.com/2019/09/30/...estream-day-7/ |
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30th September 2019, 09:13 AM | #286 |
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Murder and Manslaughter are the only available charges/convictions.
My opinion is that she should be convicted of Manslaughter which carries a sentencing range of 2 to 20 years. |
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30th September 2019, 09:21 AM | #287 |
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But she was wrong, and failed to meet the standards for self defense. She certainly intended to kill him when she shot him so manslaughter doesn't make sense as that is killing with out intent, and she certainly had intent.
Really the reasonable verdicts are murder or self defense. That could come into the sentencing area not in the crime. |
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30th September 2019, 09:23 AM | #288 |
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Any conviction is better then nothing, but anything short of actual murder is an insult to the victim.
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30th September 2019, 09:25 AM | #289 |
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30th September 2019, 09:26 AM | #290 |
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30th September 2019, 09:28 AM | #291 |
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Is that the sound of Dallas police shining up riot gear I hear?
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30th September 2019, 09:36 AM | #292 |
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Defense I'm not sure your "Yeah what's the big deal that she left him bleeding out on the carpet after shooting him? What does that have to do with this case?" strategy is a good idea there.
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30th September 2019, 09:44 AM | #293 |
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30th September 2019, 09:46 AM | #294 |
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30th September 2019, 09:48 AM | #295 |
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I mean, that's pretty mild for a cop. At least she didn't have any weird statements inscribed on her service weapon like some other killer cops:
https://en.wikipedia.org/wiki/Shooti...aver#Aftermath |
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30th September 2019, 09:49 AM | #296 |
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30th September 2019, 09:51 AM | #297 |
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You guys did see the recovered social media posts she deleted I posted earlier?
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30th September 2019, 09:51 AM | #298 |
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I wouldnt be so sure. Texas really likes property rights, and Botham is aggrieved party here.
They have ruled in favor of citizens who shot cops executing no-knock warrants, because they respect both self-defense and property rights. It's a toss up in Texas, could be a cop bootlicker jury, or a property rights jury. |
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30th September 2019, 10:02 AM | #299 |
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A defense attorney is telling the jury that in order to convict "Amber," the jury must decide that it was unreasonable for "Amber" to believe that an intruder was in her apartment, and that it was unreasonable for her to believe that she was in mortal danger. I think it would be easy to decide that both were unreasonable. He's going on to claim that police training and standards shouldn't be applied here because she was not responding to a "dispatched call." I'm not sure her lawyer is helping her.
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30th September 2019, 10:05 AM | #300 |
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30th September 2019, 10:06 AM | #301 |
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The problem is that the property rights contingent, should they buy this mistake of fact angle, would support Guyger, too. So we come down to who they identify with as the one who's rights prevail: the honest mistake cop (and right to shoot whoever, whenever, which they kind of like down yonder), or a guy sitting at home?
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30th September 2019, 10:07 AM | #302 |
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30th September 2019, 10:09 AM | #303 |
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"Whenever you find yourself on the side of the majority, it is time to pause and reflect" -Mark Twain "Half of what he said meant something else, and the other half didn't mean anything at all" -Rosencrantz, on Hamlet |
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30th September 2019, 10:10 AM | #304 |
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Oh good, he brought up the marijuana and then says it's irrelevant, EXCEPT that it probably contributed to...something.
******* loser. |
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30th September 2019, 10:14 AM | #305 |
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From: https://dfw.cbslocal.com/2019/09/30/...estream-day-7/
Quote:
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30th September 2019, 10:14 AM | #306 |
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30th September 2019, 10:17 AM | #307 |
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30th September 2019, 10:18 AM | #308 |
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30th September 2019, 10:28 AM | #309 |
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Prosecutor currently hammering on the 'decision to kill made outside in the hallway' angle. I missed the bits in the trial where the covered it. If it was as the prosecutor is describing in his closing then it tips my mind into flat out murder.
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30th September 2019, 10:34 AM | #310 |
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Well, the prosecutor is hammering the undisputed fact that she didn't have to enter the apartment. She was safe outside the door, and she could have moved in either direction in the hallway. If there was a dangerous intruder, she exposed herself to him when she didn't have to.
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30th September 2019, 10:39 AM | #311 |
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Look at it this way.
Can you use the fact that you didn't know something as a defense when you intentionally didn't take the time to learn it? Amber Guyger is put in front of two doors, blindfolded. One door leads to her apartment, the other door leads to Botham Jeans. She has a gun in her hand and starts to walk forward. If she chooses to keep the keep the blindfold on until such time as she across one of the thresholds of the door and opens fire at whatever is inside does it magically make her innocent because of "mistake of fact?" Your ignorance is not an excuse when it's willful. |
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30th September 2019, 10:41 AM | #312 |
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Exactly. She supposedly came to the conclusion that there was an intruder while she was still outside, and not upon entering the apartment and seeing someone there. Prosecutor saying other LEOs called to testify said they would not have entered but would have taken cover and called for backup as SOP. Like I said I missed the actual testimony, but if that's not disputed, if she did indeed go into the apartment already having decided there was someone inside 'her' apartment then I don't see how she gets off on at least some serious charge.
Edit to add : and now he's hammering the 'anyone who lives in an apartment knows you might come home to a maintenance worker in your unit' bit I was hoping would get air time. Hopefully orange will be the new blue in this case. Disgusts me more and more as time goes on. |
30th September 2019, 10:46 AM | #313 |
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30th September 2019, 10:48 AM | #314 |
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30th September 2019, 10:52 AM | #315 |
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30th September 2019, 11:04 AM | #316 |
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30th September 2019, 11:05 AM | #317 |
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30th September 2019, 11:06 AM | #318 |
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30th September 2019, 11:11 AM | #319 |
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Why would it be any more unjust one way or the other? The burden is on the prosecution in this scenario and so they should get as many opportunities to prove that burden as they can.
Coming from a guy that was acquitted by a jury of his peers, it's frustrating seeing the prosecution get the last say, but it makes sense to me. They have more responsibility. |
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30th September 2019, 11:14 AM | #320 |
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