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Mantis Toboggan, MD

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Posts posted by Mantis Toboggan, MD

  1. No, you’re wrong, from the same opinion. “Defensive evidence which is merely consistent with the physical evidence at the scene of the alleged offense will not render the State's evidence insufficient since the credibility determination of such evidence is solely within the jury's province and the jury is free to accept or reject the defensive evidence. A jury verdict of guilty is an implicit finding rejecting the defendant's self-defense theory. Jenkins, 740 S.W.2d at 438.”

     

    You seem to be confused about the use of the word “raised”. 

     

     

     

    That is about sufficiency on appeal, not about jury instructions in trial. I don’t feel like explaining what that means to you. This is what I do for a living and you aren’t paying me.

     

    • Hook 'Em 2
    • Like 1
  2. It’s certainly in black and white. I’ve never heard anyone describe it in those terms. Using the word “raised” is hardly what I’d consider the burden of proof for self defense.


    You are wrong. Read Saxton for a good discussion of it.

    https://law.justia.com/cases/texas/court-of-criminal-appeals/1991/1404-89-4.html

    “The effect of Subsection (d) is to require the state to disprove a defense beyond a reasonable doubt after the issue has been properly raised by the evidence. In other words, the defendant has the burden of producing evidence to raise a defense, but the prosecution has the final burden of persuasion to disprove it."”

  3. Apparently he was breaking Illinois gun laws.
    And speaking of, he was from Illinois, and it's kind of hard to think of a reason for a 17 year-old who is breaking multiple Illinois gun laws, to be at a riot in Wisconsin.  His social media history is one of him shooting all kinds of stuff (although it's being scrubbed by TikTok, etc.).
    Based on one of his social media photos, I'm guessing he was voted most likely to engage in a school shooting.
    EgXdj0fUcAE6Rqz?format=jpg&name=large


    Breaking the law doesn’t preclude self-defense. It just affects the ability to consider a possibility to retreat. It means you lose stand your ground law protection if you are breaking the law.
  4. Ok. I might be wrong. I learned (I think in Crim law many a year and many a beer ago) that the state has to prove beyond a reasonable doubt that you commit the homicide,  but if you raise an affirmative defense it’s on you. Is that true for something like insanity?  


    Insanity is a completely different doctrine. You are correct about an affirmative defense but self defense is not a true affirmative defense in that respect. It is in black and white in the penal code.
  5. I don’t think that’s correct dude. Self defense is an affirmative defense, and when you raise an affirmative defense that puts the burden on you. Same with insanity and any other affirmative defense. 

     

    Well I’m board certified in criminal law in Texas, I have tried a dozen or so murders, and it is correct. It is also correct in Wisconsin. I checked.

    • Like 1
  6. It could. But being chased doesn't create an automatic right to self defense with deadly force. The kid with the assault rifle has a tall hill to climb to show he had a reasonable fear of seriously bodily injury from an unarmed person. The chase helps him a little bit, but the question then becomes why are they chasing him? Something happened before and that potentially could also invalidate a claim of self defense. 

     

    The state has the burden of proof. The defendant doesn’t have to prove self-defense. It just has to be raised. The prosecution has to prove it wasn’t self-defense beyond a reasonable doubt. That is always the tall hill.

  7. I’m about 4 years into a 30 year mortgage at 3.625 right now. Have about $250k outstanding principal. House value about $525k. Plan to stay in house for at least the next 15 years. Very good credit.

     

    1) should I refi? I assume yes.

    2) what rates could I get on a 15 year fixed? Closing costs?

     

    Any brokers feel free to PM me. I’m in Houston.

     

  8. There are interesting times for those of us who find aggy culture entertaining. 
    https://texags.com/forums/5/topics/3118446
     
    And remember, once the ags get done dealing with the Sul Ross statue, they still have to explain away their alumni Klan robe collection over in the Cushing Library.
    Interesting times, indeed. 


    Scope and Contents: The collection includes personal correspondence of J. F. Cavitt, a cousin of W.R. Cavitt, member of Board of Regents of the Agricultural and Mechanical College of Texas. Other documents of significant importance are the correspondence of and articles about Ann Cavitt Armstrong, that sheds a light on the early settlement period of Texas. Financial documents also shed a light on the early history of Texas, including court documents and receipts of slave purchases. Also included is J. F. Cavitt's ceremonial robe from his membership in the KKK.

    http://archon.library.tamu.edu/?p=collections/controlcard&id=805
  9. Car buying is a whole different topic. Theoretically, if your investments yield better interest than the car loan than it makes sense to take the loan. Practically, 1) they will just make their money on the price rather than the interest if offering no or low interest. A cash buyer will always get a lower negotiated price. 2) Most people who finance cars are not using the piles of cash they didn’t spend to do sharp investing. Of course there are exceptions.

    • Like 1
  10. 84 months is ridiculous because you would never not be upside down perhaps until year 6. But if you were willing to put some cash aside that covers the negative equity, it doesn’t really matter.   It also depends on what are the other rebates you miss out on when you take that financing. If there are no decent rebates, then 84 months is the right choice as long as you can seriously keep it under control. Meaning no using the negative equity side money for something else. 


    How many people do you know that take 84 month car loans and also keep cash lying around?
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