Discussion in 'Trials' started by Cobra Jet, Sep 7, 2018.
Castle doctrine in TX changes the entire playing field.
It's a lesser included of manslaughter so there should be instructions as to it.
Is this your first trial? EVERYTHING matters in court.
Definitely not my first trial. Why does the shade of his skin color matter?
What's going on? I'm just tuning in - are these the jury instructions? Has each side presented their closing arguments yet? TIA
jury being instructed on the castle doctrine, mistake of fact, and can consider the lesser-included offenses of manslaughter and criminally negligent homicide.
They come after the instructions
Everyone knows he's black. I don't think the tone of his skin in a photo is going to be at all relevant to the jury.
The state didn't make this about race. Only AG did.
Let’s not forget jury will decide penalty in this case. Not the judge. So if they convict her of manslaughter what are the chances they’ll give her a stiff sentence. It’s doubtful they give her a long sentence even if they convict her on murder. My feeling is a murder conviction is highly unlikely now that the jury is allowed to acquit based on the “mistake.”
Got it, thank you both!
Research shows that the darker someone's skin tone is the more dangerous and larger people believe them to be. And the more culpable if suspected of a crime.
But I don't think the state did anything to his photo and I don't think this jury will care about his skin tone.
He argued to exclude Castle Doctrine AFTER his argement to eliminate the other charges. Not his fault. He had to go in the order of the court record.
How and when did AG make this about race?
Yes, I'm being overly cynical here but forcing the jury's hand may indeed backfire for the State.
So the darker his skin tone the more reason AG had to kill him...better not type anymore or I risk a TO
It's not "now that the jury is allowed to acquit based on...mistake". That's always been a viable defense in this case. Which is why the state spent much of testimony and opening trying to show that her mistake wasn't reasonable.
Failing to allow the mistake of fact defense would have been reversible error. Meaning she would absolutely win on appeal.
When she looked right at his family and said this was not about hate
Sounds like if they believe she entered the wrong apt. by mistake, they can't find her guilty of murder.
What is the racial makeup of the jury?