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Before the jury started weighing the case Monday, Texas District Judge Tammy Kemp allowed the panel to consider what is known as the "castle doctrine" as a possible defense over the objections of prosecutors, who called the move "absurd."
Similar to self-defense laws known as "stand your ground," the Texas statute says a person is justified in using deadly force if someone enters or attempts to enter a person own home.
"It may have been a stretch for Judge Kemp to allow that jury to consider it," Tim Powers, former Texas prosecutor and judge, told NPR.
The move raised a unique set of legal facts the experts said has been untested in Texas courts: considering a "castle doctrine" defense in a location that is not one's "castle."
"This is a case of first impression, which means we don't have any precedents of this where the mistake of fact defense merges with the castle doctrine," said Peter Schulte, a Texas defense lawyer and former prosecutor,
But in the end, the jury rejected the controversial legal standard as a possible defense. Both Powers and Schulte anticipate the issue to be raised during Guyger's expected appeal.
Ex-Dallas Officer Who Killed Neighbor In Upstairs Apartment Is Found Guilty Of Murder
Similar to self-defense laws known as "stand your ground," the Texas statute says a person is justified in using deadly force if someone enters or attempts to enter a person own home.
"It may have been a stretch for Judge Kemp to allow that jury to consider it," Tim Powers, former Texas prosecutor and judge, told NPR.
The move raised a unique set of legal facts the experts said has been untested in Texas courts: considering a "castle doctrine" defense in a location that is not one's "castle."
"This is a case of first impression, which means we don't have any precedents of this where the mistake of fact defense merges with the castle doctrine," said Peter Schulte, a Texas defense lawyer and former prosecutor,
But in the end, the jury rejected the controversial legal standard as a possible defense. Both Powers and Schulte anticipate the issue to be raised during Guyger's expected appeal.
Ex-Dallas Officer Who Killed Neighbor In Upstairs Apartment Is Found Guilty Of Murder