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Started By
Message
re: Governor Abbott releases statement on sgt perry
Posted on 4/10/23 at 9:11 am to AggieHank86
Posted on 4/10/23 at 9:11 am to AggieHank86
quote:
AggieHank86
Good to see you back at it.
0
Posted on 4/10/23 at 9:16 am to BBONDS25
quote:Sure, there is evidence to support an acquittal on the AD, ... and there is also evidence to reject the AD.quote:It’s reverse jury nullification and you know it, Hank. You can look at the picture of the mob surrounding his car and a gun being pointed at him. The elements needed for the affirmative defense are there. You know it and I know it. You are just playing devils advocate
because a jury of his peers determined that his actions were not reasonable under the circumstances.
It is why we have juries.
Personally, I don't particularly care that Perry ventilated this guy, but it is ridiculous to read all the assertions from our esteemed "colleagues" to the effect that the evidence MANDATED one result or the other.
Moral of the story? Don't go to a liberal jurisdiction and engage in conduct that leaves you at the mercy of the local jury pool ... especially after basically posting a manifesto about how much you would enjoy ventilating a protester.
Posted on 4/10/23 at 9:17 am to AggieHank86
quote:
Moral of the story? Don't go to a liberal jurisdiction and engage in conduct that leaves you at the mercy of the local jury pool
Yikes, dude. Re-read what you just wrote. That is scary.
Don’t drive through the south if you’re black, amiright?
This post was edited on 4/10/23 at 9:19 am
Posted on 4/10/23 at 9:21 am to AggieHank86
quote:
Moral of the story? Don't go to a liberal jurisdiction and engage in conduct that leaves you at the mercy of the local jury pool
Bitch wore a mini-skirt, she got what was coming to her.
Posted on 4/10/23 at 9:23 am to AggieHank86
quote:
Sure, there is evidence to support an acquittal on the AD, ... and there is also evidence to reject the AD.
What evidence to reject it? His social media? Completely irrelevant when considering the elements.
quote:
It is why we have juries.
Juries are generally stupid. You’ve tried a jury case, right?
Posted on 4/10/23 at 9:25 am to BBONDS25
quote:Let's be serious.
BBONDS25
In your mind, is there even one shred of doubt that Perry went into Austin that day hoping for a confrontation of some sort? Based upon his online footprint, I don't see how any objective person could see the matter otherwise.
That being the case, he simply MUST accept that Texas law will give an AUSTIN jury the authority to determine whether his actions were a reasonable response to the circumstances with which he was presented. No sane person puts himself in that position.
If he had stayed in Bell or Coryell County, the jury would likely have seen the same facts in a very different light. Of course, he would not have had the opportunity to initiate a confrontation with BLM in Bell or Coryell, either.
He made his choice.
Posted on 4/10/23 at 9:30 am to AggieHank86
quote:
Don't go to a liberal jurisdiction and engage in conduct that leaves you at the mercy of the local jury pool
In other words treat the situation like you're in a foreign country.
Because you aren't in America any more.
Posted on 4/10/23 at 9:31 am to BBONDS25
quote:That is why I would NEVER put myself in the position of relying upon the help of a jury in a situation where the facts will be (almost by definition) ambiguous.quote:Juries are generally stupid. You’ve tried a jury case, right?
It is why we have juries.
quote:AS I recall, the evidence was unanimous that this yahoo never pointed the AK at Perry. Perry even admitted as much in his police interview. The evidence was simply that he was carrying the weapon in a manner ("low ready") designed to ALLOW him to quickly bring the weapon to bear, if needed.quote:What evidence to reject it?
Sure, there is evidence to support an acquittal on the AD, ... and there is also evidence to reject the AD.
Looking at the matter from the other side, Perry shot this dude for walking around Austin with an AK ... something that the shooting victim had every right to be doing under Texas law.
Again, the notion that this fact scenario DICTATES one result or the other ... is just partisan silliness.
This post was edited on 4/10/23 at 9:36 am
Posted on 4/10/23 at 9:33 am to jimmy the leg
quote:
his legal background
Not passing the bar?
Posted on 4/10/23 at 9:34 am to AggieHank86
quote:
In your mind, is there even one shred of doubt that Perry went into Austin that day hoping for a confrontation of some sort?
Not relevant. At all. Apply the facts to the elements. You’re a lawyer, Hank. Jesus.
quote:
He made his choice.
Stunning come from a lawyer. That black guy told his friends he wanted civil rights. Then drove into Alabama.
He made his choice.
This post was edited on 4/10/23 at 9:35 am
Posted on 4/10/23 at 9:34 am to TrueTiger
quote:To some extent, "yes."
Don't go to a liberal jurisdiction and engage in conduct that leaves you at the mercy of the local jury poolquote:
In other words treat the situation like you're in a foreign country.
Different communities within this country have different mores. If a person fails to take that into account, that person is an idiot.
Posted on 4/10/23 at 9:36 am to AggieHank86
quote:
Looking at the matter from the other side, Perry shot this dude for walking around Austin with an AK ... something that the shooting victim had every right to be doing under Texas law.
Walking around? Good Lord, Hank. Why are being so disingenuous with me. There are photos of the guys car being swarmed. This site may not be healthy for you. You are so obsessed with being a contrarian it makes you stupid. You’re making the profession look like a joke.
Posted on 4/10/23 at 9:38 am to AggieHank86
quote:
Different communities within this country have different mores. If a person fails to take that into account, that person is an idiot.
Being an idiot is not a prosecutable offense. Luckily. Otherwise a DA would be investigating your posts in this thread.
Posted on 4/10/23 at 9:38 am to BBONDS25
quote:You are conflating legalities with pragmatism.
In your mind, is there even one shred of doubt that Perry went into Austin that day hoping for a confrontation of some sort?quote:
Not relevant. At all. Apply the facts to the elements. You’re a lawyer, Hank. Jesus
I said that the "moral of the story" was not to put himself in that situation. That is not a LEGAL observation. It is a PRAGMATIC one.
This post was edited on 4/10/23 at 9:48 am
Posted on 4/10/23 at 9:39 am to AggieHank86
quote:
I said that the "moral of the story" was not to put himself in that situation. That is not a LEGAL observation. It is a PRAGMATIC one.
Got it. We agree legally this is a joke and the pardon is prudent. We also agree going into a liberal shithole when the mobs are rioting isn’t smart. Same page.
Posted on 4/10/23 at 9:43 am to AggieHank86
quote:
walking around Austin with an AK ... something that the shooting victim had every right to be doing under Texas law.
If the Proud Boys announced that they were meeting up in Austin to walk the streets with rifles,
the FBI would swoop in and arrest them for domestic terrorism.
This post was edited on 4/10/23 at 9:44 am
Posted on 4/10/23 at 9:44 am to BBONDS25
quote:Sure, but not by the yahoo with the AK.quote:Walking around? Good Lord, Hank. ... There are photos of the guys car being swarmed.
Looking at the matter from the other side, Perry shot this dude for walking around Austin with an AK ... something that the shooting victim had every right to be doing under Texas law.
I think I read that there were 20-something unique sets of fingerprints on Perry's car ... and NONE of them belonged to the shooting victim.
A decent prosecutor would have no trouble establishing that Perry may well have felt himself to be in danger from the crowd and that he responded by "taking out" the most "dangerous" person in the area ... regardless of whether that person represented an actual threat to Perry.
Would that be pragmatic of Perry? Very much so. But it ain't "self defense" under Texas law, unless that person INDIVIDUALLY presented a threat to Perry.
AGAIN, ambiguous facts. Silly to pretend that the facts could lead to only one reasonable set of interpretations.
Posted on 4/10/23 at 9:44 am to BBONDS25
quote:
This site may not be healthy for you. You are so obsessed with being a contrarian it makes you stupid. You’re making the profession look like a joke.
The sooner people realize it’s not an act, he’s not being contrarian, and he is in fact that stupid, the better off they’ll be.
Posted on 4/10/23 at 9:45 am to TrueTiger
quote:And if they held the same march in Coryell County, they would likely have no problems whatsoever.quote:If the Proud Boys announced that they were meeting up in Austin to walk the streets with rifles,
walking around Austin with an AK ... something that the shooting victim had every right to be doing under Texas law.
the FBI would swoop in and arrest them for domestic terrorism.
You make my point for me. Appreciated.
Posted on 4/10/23 at 9:49 am to AggieHank86
quote:
You make my point for me. Appreciated.
The point being that equality under the law does not exist.
Agreed.
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