GUILTY TX - Former Dallas Police Officer Amber Guyger, indicted for Murder of Botham Shem Jean #6

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She will be free on Bond soon, the appeal process will take some time.

Where I live, almost no one gets out on bond after a 1st degree murder conviction while awaiting appeal. Typically, the initial appeals are filed by the defense team, but then other lawyers transition into the case to carry on the appeal. The defendant is usually processed and sent to prison. If that weren't true, lots of people would be out on the streets after annihilating their families or shooting up the school.

Are you saying that in Texas, the fact that she's only killed one person isn't that bad, so she'll get to be out while she files technical appeals?

The Melendez Brothers, IIRC, had a good team and several venues of appeal, but they still went to prison while the appeals went on (until 2005; they went to prison in 1996 IIRC).

Anyway, anyone know if Texas really allows an appeal to be a free "get out of jail " card? I would think she needs to now be processed out of jail and the State will assign her to a women's prison. I have a question about that too.

Which prison is it likely to be?
 
Observers were shocked at the guilty verdict, as law enforcement officers accused of misconduct are rarely convicted of a criminal offense. One possible factor in the unusual outcome of the Guyger trial may be the diversity of the jury: Ten of the 12 jurors were nonwhite. Research indicates that diverse juries make better decisions that are less likely to be biased or tainted by racism. Yet there is a troubling lack of diversityamong juries across the country.

Racial minorities do not respond to jury summons at the same rate as whites; they face more financial or employment-related obstacles to jury service; and they are disproportionately likely to be struck by prosecutors.

On Tuesday, I spoke with William Snowden—the New Orleans director of the Vera Institute of Justice and founder of the Juror Project, which seeks to educate communities about racial discrimination in jury selection and the importance of jury service—about the Guyger verdict and the potential impact of the jury’s diversity. Our interview has been edited for clarity.

Mark Joseph Stern: Why does jury diversity matter?

William Snowden: There’s a guarantee of having a jury of your peers that’s embodied in our Sixth Amendment. Jury service allows the community to have a voice in deciding who it is we believe should be sent to prison and convicted of a particular crime and who should not be sent to prison and convicted of a crime. We know the benefits of diversity in terms of advocating for a diverse board room for a corporation or diverse classroom for education. If we’re really serious about the fairness of our criminal legal system, we need to be advocating for diversity in the jury room.

In this particular case, reports indicated that there were five black jurors, five Hispanic or Asian jurors, and two white jurors, with two black and two white alternates. Having a majority-minority jury creates a different perspective on the value of decedent in this case, Mr. Jean. Part of closing argument from the defense was the fact that Mr. Jean had marijuana in his system when he was shot. Too often we have seen cases where there are attempts to justify the killing based on alleged bad characteristics of the decedent.
It Matters That Amber Guyger’s Jury Was Diverse
 
Where I live, almost no one gets out on bond after a 1st degree murder conviction while awaiting appeal. Typically, the initial appeals are filed by the defense team, but then other lawyers transition into the case to carry on the appeal. The defendant is usually processed and sent to prison. If that weren't true, lots of people would be out on the streets after annihilating their families or shooting up the school.

Are you saying that in Texas, the fact that she's only killed one person isn't that bad, so she'll get to be out while she files technical appeals?

The Melendez Brothers, IIRC, had a good team and several venues of appeal, but they still went to prison while the appeals went on (until 2005; they went to prison in 1996 IIRC).

Anyway, anyone know if Texas really allows an appeal to be a free "get out of jail " card? I would think she needs to now be processed out of jail and the State will assign her to a women's prison. I have a question about that too.

Which prison is it likely to be?
Gatesville I think. And that no longer applies in Texas.
 
You really haven't provided any substance to your claim the murder charge violated AG's right to due process.

Yes, good grasp of the obvious.

I repeatedly stated that I am not an attorney, that I was speculating in my posts, and that my posts should not be taken as informed opinions.

Now in regards to substance, do you have any penetrating legal insights other than:

well, the jury did "X", so it must be constitutional?
 
Gotta agree with you there. I have worked 24 hours straight, and managed to get home, been drunk, high, and never went to anyone else's house by accident. And I did live in apartments that all looked alike in California.

That argument doesn't even merit respect. She was thinking about her BFF.

It does happen though. In fact in 2014 there was another case in the Houston area where an off duty firefighter went to the wrong house. He had been out drinking for St Patty’s day. His friends put him in a cab and it dropped him next door. He went to the door trying to get in and the homeowner shot him through the door and then called 911. As far as I know there were no charges filed in that case as unfortunate as it was.
Off-duty Houston firefighter shot dead by neighbor
 
Statistically, you are right (judges or appellate courts setting aside a conviction and applying a lesser charge are rare, they do happen.

As a side note, the California bully / "bully" second degree murder conviction set aside, manslaughter conviction applied case involved some pretty egregious conduct by the shooter as well.

This included seeking the victim out, over kill violence, attempts to dispose of evidence, and hints that the shooter was on a "social cleansing" mission. Different state, different case.

But, the California judge's actions show that appellate victories of this nature are possible, even with aggravating circumstances.

More importantly, different laws. You cannot apply California law to this state. The law in TX is confoundingly different. But as I said before that is mitgated by the vast sentencing range for murder. 5-99 years.

In CA, second degree murder is at minimum 20 or 25 years, to life. First degree is 25 to life. Capital is LWOP or death.
 
AG was wearing BLUE again! Seriously, she would have done much better to wear any other color than BLUE!

Every single day she wore BLUE! Blue dress, blue blouse with jacket, today, blue skirt and blue sweater. If I had been on her defense team, definitely, I would have had her wear black, white blouse.

The courtroom definitely looked "segregated". AG's team on one side, Botham Jean's family, supporters and attorneys on the other side of the aisle. I wonder what the jury thought of that.
 
It does happen though. In fact in 2014 there was another case in the Houston area where an off duty firefighter went to the wrong house. He had been out drinking for St Patty’s day. His friends put him in a cab and it dropped him next door. He went to the door trying to get in and the homeowner shot him through the door and then called 911. As far as I know there were no charges filed in that case as unfortunate as it was.
Off-duty Houston firefighter shot dead by neighbor

In this case, the firefighter was trying to get in and the woman who shot him told him to leave at which time he continued to try and open her door.
 
Where I live, almost no one gets out on bond after a 1st degree murder conviction while awaiting appeal. Typically, the initial appeals are filed by the defense team, but then other lawyers transition into the case to carry on the appeal. The defendant is usually processed and sent to prison. If that weren't true, lots of people would be out on the streets after annihilating their families or shooting up the school.

Are you saying that in Texas, the fact that she's only killed one person isn't that bad, so she'll get to be out while she files technical appeals?

The Melendez Brothers, IIRC, had a good team and several venues of appeal, but they still went to prison while the appeals went on (until 2005; they went to prison in 1996 IIRC).

Anyway, anyone know if Texas really allows an appeal to be a free "get out of jail " card? I would think she needs to now be processed out of jail and the State will assign her to a women's prison. I have a question about that too.

Which prison is it likely to be?
Monopoly ~ Don't Mess With Texas! version.
Do Not Pass Go.

Source: Texas Department of Criminal Justice |

Prison Units | Texas Prison Inmates | The Texas Tribune

Texas Department of Criminal Justice

Texas Department of Criminal Justice Offender Search
 
More importantly, different laws. You cannot apply California law to this state. The law in TX is confoundingly different. But as I said before that is mitgated by the vast sentencing range for murder. 5-99 years.

In CA, second degree murder is at minimum 20 or 25 years, to life. First degree is 25 to life. Capital is LWOP or death.

California reinstated the death penalty?
 
I was hoping for a manslaughter conviction and the consideration of the far less than stellar efforts to provide aid as aggravating circumstances supporting an increased sentence.

That aside, I think her appeal options are limited.

Appeals centered on claims of say an over all prosecution friendly judge, specific unfavorable decisions by the judge during the trial, or jury composition / jury conduct have a very high burden of proof in Texas in that “egregious errors” or actions “shocking to the conscious” must be shown.

But…. an appeal centered on a claim that the circumstances behind the criminal act do not match the historical use of the Murder charge in Texas might be able to meet such a burden.

For example, historically, are reckless hunting accidents handled as manslaughter or murder? What about reckless vehicle accidents resulting in death? Or, reckless “Hold my beer- Watch this! ” type stunts that led to the deaths of uninvolved people?

The State will probably accurately counter that none of the above examples of reckless loss of life involved somebody shooting a stranger in their own home.

Even still, I think an appeal on the grounds that the circumstances behind the crime are not consistent with the historical use of Murder charges could be successful and the conviction reduced to Manslaughter.

Well, also, none of the above involve people deliberately choosing to kill someone.
 
AG was wearing BLUE again! Seriously, she would have done much better to wear any other color than BLUE!

Every single day she wore BLUE! Blue dress, blue blouse with jacket, today, blue skirt and blue sweater. If I had been on her defense team, definitely, I would have had her wear black, white blouse.

The courtroom definitely looked "segregated". AG's team on one side, Botham Jean's family, supporters and attorneys on the other side of the aisle. I wonder what the jury thought of that.
Well, she'll be wearing white in Gatesville.
 
In this case, the firefighter was trying to get in and the woman who shot him told him to leave at which time he continued to try and open her door.
Right, I did not give my thoughts on the case right or wrong. I was only using it as an example of it can happen where people don’t make it to the right door/house. A few posters (one I quoted) have said they could always make it home to the right place drunk,high, tired or whatever. I’m sure this firefighter thought the same thing.
 
Where I live, almost no one gets out on bond after a 1st degree murder conviction while awaiting appeal. Typically, the initial appeals are filed by the defense team, but then other lawyers transition into the case to carry on the appeal. The defendant is usually processed and sent to prison. If that weren't true, lots of people would be out on the streets after annihilating their families or shooting up the school.

Are you saying that in Texas, the fact that she's only killed one person isn't that bad, so she'll get to be out while she files technical appeals?

The Melendez Brothers, IIRC, had a good team and several venues of appeal, but they still went to prison while the appeals went on (until 2005; they went to prison in 1996 IIRC).

Anyway, anyone know if Texas really allows an appeal to be a free "get out of jail " card? I would think she needs to now be processed out of jail and the State will assign her to a women's prison. I have a question about that too.

Which prison is it likely to be?
She’ll have to be processed through DOC Classification.
Keyword: Process.
She’ll be safer in prison than county jail.
~imo
 
Though I respect your position as an attorney, I am thinking that such appeals appear to be permissible:

For example, here is an example of judge reducing a murder conviction to manslaughter:
Bullets for the Bully

My guess is that if the judge can reject a conviction for a certain charge and apply a lesser charge, then an appellate argument that the charge did not fit the circumstances (did not fit historical use) can also be made.

But what IS historic use? There haven’t been many cases where someone walked into someone else’s home, chose to kill him, and claimed to be justified in that choice. People texting, or driving drunk, don’t make a deliberate decision to kill someone.
 
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Scott Peterson is on death row!
TG

I understand that when CA got rid of it, offenders with DP sentences were commuted to life sentences. I guess that doesn't get re-instated when they changed it back (Manson offenders example).

Does CA actually carry it out? Or is it like a Pennsylvania where they have the DP, but it is almost never carried out unless you have a defendant that begs for it.
 
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