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Posted on 10/2/19 at 10:31 am to jchamil
quote:
Why does the murder victim need a character witness?
Attorney on local news last night said it's common for sentencing to reflect the character of the person killed. He said it's a sad reality, but he used an example of someone killing a gang member will get a lighter sentence. Based on Bo's character, Amber is going away for a long time.
Posted on 10/2/19 at 11:19 am to Keys Open Doors
quote:
How can they possibly claim he provoked her by being inside his own apartment?
quote:
Keys Open Doors
You SN is apropos here.
The argument of passion give the jury the key to possibly open one more legal door. If through the sentencing phase they start to feel that 5 years is too much they have a legal avenue to give her less time. While it may have a limited chance of working a defense attorney is not going to leave that on the table.
Jury sentencing gets weird sometimes they can start to feel the weight of sending someone to prison and lose some of the conviction they had when they voted guilty.
Her texts and saved Pinterest posts are not helping her at all. Further compounded by her awareness they weren't "good" displayed by her choice to delete them.
In the end, I do feel sorry for her but at the same time, I feel a lot more sorry for Bo. No matter the sentence her punishment will be far less for her mistakes and poor choices than the completely innocent victim suffered. At some point, she will be free to ride more married co-workers but Bo will never get the chance to get high and watch a game while munching on cookies and ice cream.
Posted on 10/2/19 at 11:25 am to LSU alum wannabe
I live in the Dallas area and this case has been the talk.
Posted on 10/2/19 at 11:38 am to nerd guy
quote:
He said it's a sad reality, but he used an example of someone killing a gang member will get a lighter sentence.
Frankly, I don't have a problem with this as long as the killer isn't a gang member as well.
Posted on 10/2/19 at 11:52 am to Restomod
Is this the married police officer she was sleeping with? (I am referencing the live feed atm)
If not it must be another coworker. This has to be so embarrassing for them. He looks incredibly embarrassed.
If not it must be another coworker. This has to be so embarrassing for them. He looks incredibly embarrassed.
This post was edited on 10/2/19 at 11:57 am
Posted on 10/2/19 at 2:53 pm to Restomod
Jury in deliberating on length of prison sentence.
Murder 5-99years
If jury accepts she acted out of sudden passion - 2-20years
Murder 5-99years
If jury accepts she acted out of sudden passion - 2-20years
Posted on 10/2/19 at 2:58 pm to Restomod
quote:
If jury accepts she acted out of sudden passion - 2-20years
Huh. I heard they added this, but didn't know it could change the sentence.
Posted on 10/2/19 at 3:01 pm to jchamil
quote:
Why does the murder victim need a character witness?
Should the victim be vilified instead?
Posted on 10/2/19 at 3:03 pm to Restomod
I suspect 20.
Posted on 10/2/19 at 3:04 pm to N2cars
I originally though manslaughter with 10-12, but I’m thinking 16-18 now.
Posted on 10/2/19 at 3:05 pm to southernelite
Yeah, the more that comes out about her, the worse it's gonna be.
Posted on 10/2/19 at 3:07 pm to nerd guy
quote:
Huh. I heard they added this, but didn't know it could change the sentence.
It is an automatic statutory instruction to the jury for 19.02 Murder:
(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.
Not only does it drop the sentence mandates it reduces it to a second-degree felony which MAY impact the required time served and credits in TX, I am not sure.
Given the jury already had the opportunity to convict on a lesser charge AND given the evidence in the sentencing portion of the trial I would be surprised if they go this way.
I still think she made a tactical mistake asking for a jury sentence vs a bench sentence, in TX the convicted has the option.
Posted on 10/2/19 at 3:07 pm to N2cars
If she posted on TigerDroppings she would be beloved on political talk. Would love to see her posts read out loud in court!
Posted on 10/2/19 at 3:13 pm to Obtuse1
quote:
I still think she made a tactical mistake asking for a jury sentence vs a bench sentence, in TX the convicted has the option.
Whoa, yes!
She/her team must've thought they had a better case than they did. I feel like a judge would've been less "passionate"?
Posted on 10/2/19 at 3:13 pm to tigerpimpbot
quote:
Should the victim be vilified instead?
That's what you got out of my statement?
Posted on 10/2/19 at 3:14 pm to Restomod
quote:
sudden passion
What's the Texas legal definition of "sudden passion"?
Posted on 10/2/19 at 3:15 pm to Clyde
quote:
If she posted on TigerDroppings she would be beloved on political talk. Would love to see her posts read out loud in court!
airlinepanhandler is holding a vigil for her as we speak
Posted on 10/2/19 at 3:19 pm to jchamil
quote:
What's the Texas legal definition of "sudden passion"?
(2) "Sudden passion" means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation.
Posted on 10/2/19 at 3:22 pm to jchamil
quote:
What's the Texas legal definition of "sudden passion"?
I think this is it:
quote:
Sec. 19.02. MURDER.
(a) In this section:
(1) "Adequate cause" means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.
(2) "Sudden passion" means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation.
(b) A person commits an offense if he:
(1) intentionally or knowingly causes the death of an individual;
(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or
(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.
(c) Except as provided by Subsection
(d), an offense under this section is a felony of the first degree.
(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.
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