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TXSooner518

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Everything posted by TXSooner518

  1. I think there is a reasonable argument for "sudden passion" which kind of goes to the overall circumstances and the quick (and bad) decision to use the force. She would still not be eligible for probation, but would be a 2nd degree felony, with a sentence range of 2-20. Same tight restrictions on parole.
  2. Not according to what I'm reading. Art. 42A.056 of CCP says no eligibility for jury-ordered probation if convicted of PC 19.02 (murder). GC 508.149 says no parole if convicted of PC 19.02. EDIT: Wait that was "mandatory supervision" on GC 508.149, not parole. Yep, 1/2 for parole. So we were each right once, wrong once. 😁
  3. She's not eligible for probation or parole, so I don't think this is possible.
  4. If disallowing opinion testimony about what the defendant's state of mind might be after the defendant already testified as to what her state of mind actually was, is reversible error, then we are back to the CJ system being totally fucked.
  5. I specifically said 11-1 to account for the UGA scenario here. UGA would be 12-1 in that spot, just like Texas or OU, which is a different calculus. I think it would then come down to a full schedule analysis, which can't be done until the games are played. Excellent post by Swandered, BTW.
  6. Seems very very very standard to not let in opinion testimony as to the actual question of fact the jury must answer. Otherwise, when does that end? Let's have the state call 500 experts that say it's their opinion it is unreasonable and the defense call 500 experts that say it is reasonable.
  7. Thanks Johnny! Pleasure dealing with you as well, see ya in Dallas!
  8. Gonna be REALLY difficult, maybe impossible, for the defense to establish self-defense in response to an unarmed man in his own apartment without the defendant''s testimony.
  9. Well, that's pretty clearly not true given that he is leading every Heisman Trophy poll. Also, again, thousands of QBs have played "nobody" and not done what JH has done thus far. Why?
  10. Cool, booked. Respect for backing up your stance!
  11. Texas Penal Code 9.32 (b) The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor: (1) knew or had reason to believe that the person against whom the deadly force was used: (A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment; (B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or (C) was committing or attempting to commit [aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.] NO evidence entered of A, B, or C.
  12. Orrrrr maybe people agreeing you can't just walk into another person's home and shoot them dead while they stand there unarmed? I mean, it's not like these facts need some type of jury nullification or something.
  13. OK I will put up $100 to your $200, I'll take tOSU does not go unbeaten through the B1G title game. That would reflect odds of 67% that they go unbeaten, an amazing deal for you at your odds!
  14. What are you basing "Wisconsin isn't that great" on? Also, tOSU gets them at home, but then again at neutral field. Also, Michigan is overrated, but absolutely is a top 50 team. You're being a bit absurd. What do you think tOSU's % chance of going unbeaten is? In the 5 years of the playoff, there have been 6 unbeaten teams make it (30% of playoff teams). 4 of the 6 unbeaten teams were either the ACC champion or Notre Dame with an ACC-heavy schedule. Zero teams in the playoff era have won the PAC, B1G, or B12 unbeaten.
  15. Bump for anyone who has tried any of these or other items, we need some reviews please, it's getting close!
  16. Nah. Felony conviction with prison time will do it, especially given that it will keep her from ever having a firearm or being LEO again, which should both occur.
  17. People dramatically overestimate how easy it is to go unbeaten (if you don't play in the ACC and are named Clemson). Ohio State looks really fucking good, but they still play Wisconsin at least once, likely twice. Whisky is a very good football team. Even if you think Ohio State is 90% to beat Whisky, they lose one of the two games almost 1 time in 5. The combo of Sparty, Penn State, and @Michigan is also a trifecta of games that they can lose if the other team plays up and Ohio State plays down. If you think tOSU is 95% to beat Sparty, 95% to beat PSU, 95% to beat Michigan, 90% to beat Whisky, and 100% to win its other 3 games (NW, Md, Rut) (these numbers are all higher than reality, some much higher, BTW, just for demonstration), then tOSU still loses a game over 30% of the time. FPI says tOSU is the #2 team with #1 overall efficiency, and also has them at 37% to win out.
  18. It isn't in response to this case. My job is teaching the law to judges, and so many areas of the law are unnecessarily antiquated and complicated. It's time to move into this century, and that includes not calling crimes things that require 12 of 12 jurors to revamp what they think words mean to avoid murderers getting off.
  19. No QB in history has posted a rating over 245 in more than 2 games in an entire season. He's 4 for 4. Are you saying no QB in history has played 2 teams as soft as those in history in a single season, and a dozen could all of a sudden do that? Sure it's against an admittedly not great lineup, but still 2 P5s and a decent G5 in there. Tua hasn't done it, and isn't he surrounded by NFL players playing soft teams?
  20. They don't HAVE to disprove that she had a reasonable belief that she was in her apartment. If the belief she was in her apt is found to be reasonable, the state still wins if her use of force, despite her belief, was unreasonable. I actually think the second is much more likely where they win.
  21. Agree it's highly unlikely. They play literally no teams that are even good. Their toughest remaining game is either Wake Forest (3 point win over Utah State, 3 point win over the same BC team that Kansas beat by 24) or a possible matchup with UVA in the ACC title game (trailed at home 17-0 to Old Goddamn Dominion, rallied at home past mighty Florida State). There have been 5 playoffs, with 1 having two SEC teams, with those two teams having not played each other in the regular season or SEC title game. Last year was the only other year where 2 SEC teams were even considered. So it being considered 40% and happening 20% doesn't square with "getting two in most years." Not so sure on a 1-loss Clemson. They might get a benefit of the doubt, based on recent history, but 12-1 against a schedule that really might have no teams even receiving votes in the AP or coaches poll by the end of the year is NOT impressive at all. I agree with the caveat of it being 11-1 LSU with a tight loss to 13-0 Bama compared to a 12-1 Texas, which LSU beat on its home field. I still think Texas could get the nod there, but LSU could also. No other scenario is an 11-1 SEC non champ going over 12-1 Texas or OU.
  22. Texas really needs to revamp its Penal Code, including lumping all intentional killings as murder. The vast majority of the populace thinks of murder as something premeditated. A LOT of people are confused on that, and all it takes is one person on the jury to just have a visceral reaction to that word, and these facts not meeting the standard layperson definition to fuck the whole thing up.
  23. That Tribune article and many other articles and such are disregarding that she didn't prove that she was entitled to the deadly force presumption - no evidence that, even under her mistaken beliefs, he entered an OCCUPIED habitation unlawfully and with force, and no evidence that the force was immediately necessary to prevent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery. So it should just be basic self-defense, was the force both necessary and proportionate?
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