The judge is going to allow AG's Pinterest account to be presented during sentencing.
I don't see how she couldn't. They got the information through a search warrant and the defense has also had the information.
The judge is going to allow AG's Pinterest account to be presented during sentencing.
Thank you. I think that explains the question I had.
The jury decided those were not the facts of the case. And if that was her perception, it was unreasonable and therefore not legally justified.
That's disingenuous. The GJ does not hear info and then scour the statutes to find the charge. The DA prepares the forms and requests the charge, in this case murder, of the GJ. Then the GJ true bills or no bills the charge that the DA requested.It was not the DA that decided on murder. They sent it to the grand jury. They rejected manslaughter in favor of murder.
Or to stop the perceived threat in front of her!
My thought was that if he had wanted to be a police officer, he'd have passed his polygraph, paid attention to his training, and probably been a model officer.Botham's mom is the epitome of elegance and grace on the stand. Such difficult but important testimony. I understand he was very much like that as well.
I’m going to share an opinion many here may not agree with, but I genuinely believe AG. I believe she thought she parked on her floor, she thought she was at her apartment, she thought there was an intruder, and she thought she had every right to use deadly force to protect her home (I do not think self defense applied to her decision personally) under TX law. After watching the trial I believe she made a huge mistake and completely realizes it and feels awful about it. Whether it’s for herself, for Jean, or both, I sincerely believe she feels awful and parts of me have pity for her. While I don’t carry a firearm, there are definitely times in my own life that I have made huge mistakes that could have ended horribly.
I also think, even assuming the above, that she could legally be found guilty of murder under TX statutes. Her beliefs and mistakes have been found by the jury to be unreasonable, and she admitted she intended to kill Jean when she fired her weapon. That makes her guilty of murder under TX law. Period.
IMO she will get short time, 5-10 with probably half or more being probation/parole.
All JMO.
I am roughly thinking of an appeal based on the following. As a non lawyer, I am not familiar with the specifics:
Dear Appellate Court:
Lead In: The circumstances (death due to reckless conduct of the perpetrator ) of the crime do not support the charge and conviction of murder. Therefore, my Client was denied Due Process.
Supporting Facts: Facts as to why the death of the victim was due to reckless conduct of the perpetrator.
Supporting Facts: numerous as possible examples of Texas courts handling reckless vehicle accidents, reckless fire arms accidents, street racing and "hold my beer, watch this" stunt fatalities as Manslaughter. Heck, your honor, even DWI deaths are charged under Intoxication Manslaughter- not Murder.
Conclusion: Texas Courts have held that deaths due to Reckless conduct are not murder. Therefore, the conviction for murder due to reckless action is not sustainable.
Our client's right to Due Process was violated when the Murder charge was used. We request that the conviction be reduced to Manslaughter.....
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Absolutely. Unfortunately (moo) inequality in trials ($$$) varies too much. Such as the IN mom getting 41 years vs Affluenza Boy skating.Yes ma'am. It is similar in terms of decision making. IMO.
So if she is sentenced to 10 or less years she can stay out of prison until her appeals are exhausted? That could take years!Remember 10 or less and she’s out on bond pending appeal. I can live with 15-20. It’s MURDER.