Doubtful.
Judges have discretion on granting change of venue requests. It’ll be incredibly difficult for her lawyers to convince the appellate court that the judge acted arbitrarily and capriciously.
I really doubt that. There’s no place in the state she could have been put in front of a jury that had not been bombarded with news of the case prior to trial.
Dallas is likely to burn no matter what if she does’t get the full 99 year max and a change of venue would not have any effect on that.
I just don’t see any grounds for appeal at all other than perhaps a lack of effective counsel and that’s a far, far stretch.
They were arguing yesterday afternoon about how to instruct the jury on the Mistake of Fact defense. I don’t know how that was resolved, but the subject is loaded with possible mistakes the judge could make.
The “mistake of fact” in question was her entering the wrong apartment and thus thinking she had a legitimate use of deadly force in self defense.
They can argue it all they want but there’s plenty of prior case law and instructions on the subject.
If Mistake of Fact had been properly explained to the jury, to convict her the jury had to conclude she knew she was in the wrong apartment when she fired her weapon. I can’t imagine a jury concluding that. What would have been her possible motive to intentionally walk into the wrong apartment and kill the inhabitant. What could she have gained from doing that?
None of this is correct.
I don’t know where you’re coming up with this.
All of it is correct.
As usual, there is quite a bit you don’t know.
Texas Penal Code § 8.02. Mistake of Fact
(a) It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense.
If Guyger reasonably believed she was in her own apartment and believed Jean was an intruder, she would have been acting in accordance with Texas Law by shooting the “intruder”. She would have been Not Guilty of either murder or manslaughter.
No, it’s not.
All the State had to prove was that her belief that she was in her own apartment was unreasonable.
A mistake of fact is not a get-out-of-jail-free card. If I’m hallucinating and I shoot my neighbor because I honestly believed he was a demon, I don’t get to claim a “mistake of fact”.
Yes, that’s what I said.
The jury apparently did not find her belief reasonable.
Or the jury was not properly instructed. As I said, there was a great deal of debate as to the proper ‘Mistake of Fact’ instructions to be given to the jury.
The woman made 100 mistakes in a row.
She earned her conviction.
Here’s a video of the jury instructions. Where do you believe the jury was mis-instructed?
There is a great deal of debate regarding jury instructions in every trial. Every lawyer wants the best possible instructions for their client. That doesn’t make them in error.
everyone on the internet is an attorney.
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No, the mistake of fact, being in the wrong apartment, is why she had no lawful claim of self defense to start with.
The second she entered the wrong apartment she had no lawful use of force much less deadly force while her victim would have had every right to shoot her dead in the doorway.
I’m surprised she got murder and not mansalughter.
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Mistake of Fact was her legal defense in the case.
Had the jury found it was reasonable for her have believed she was in her own apartment, then her actions were not illegal.
Texas Penal Code § 8.02. Mistake of Fact
(a) It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense.
Must’ve been one hell of a lucky guess because it sure as hell isn’t common. lol
Sounds like just a charming woman with a high class group of associates:
A post about pet adoption involving racism? Really?!
Now I don’t know and can’t say for sure she intentionally went to her upstairs neighbor’s apartment. Working third shift can reduce obe’s sleep until their judgement is very flawed.
But I do believe she has ugly sentiments against black Americans. And I do believe she was responsible for Botham Jean’s death.
Me too. The prosecutor just asked the jury to give her at least 28 years- that’s how old Botham was when she killed him.
Me too.
