06-05-2009, 03:54 PM #1Registered User
- Join Date
- Aug 2003
WV - Danuel Harden, 34, shot to death, Culloden, 5 Sept 2004
"At her trial, prosecutors said Harden shot her husband while he was either asleep or passed out on the couch. His blood alcohol content was 0.22, almost three times the legal limit for driving a car, when he died, according to evidence at the trial.
Tanya Harden "has got control of that shotgun, she . . . could have called the law, and she could have walked out of that trailer. Period. But she didn't," prosecutors told the jury during closing arguments."
"[T]he State's evidence failed to prove beyond a reasonable doubt that the defendant did not have a reasonable basis to believe, and did not believe, that she was in imminent danger of death or serious bodily injury at the time deadly force was used," Thursday's opinion states."
The justices found reasonable doubt exists (a blast to the jury's britches). Double jeopardy precludes a retrial.It's not what a man knows that makes him a fool, it's what he does know that ain't so. .... Josh Billings
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