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Nice Plant #7: Get me off of this planet

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Re: Nice Plant #7: Get me off of this planet

dxmnkd316 said:
Too bad the two most prolific lefties on here just want to lob sarcastic bombs over the fence instead of actually discussing the issue. :rolleyes:
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It's really quite astonishing that Kepler, Priceless, and "trixR4kids" (TimP, is that you?) are arguing for some full-bore Texas-style justice on this guy. Never thought I'd see the day they would be siding for 15 to life. Oh that's right, I forgot, it allows them to complain about the eeeeeeeeevil GUNS!1!!! and trot out those typically lame cracks about how "we should've let those gun totin' Southern inbreds go" (seriously guys, it's as old as Old Pio screaming "libstain!" at anyone who disagrees with his froth).
 
Re: Nice Plant #7: Get me off of this planet

FadeToBlack&Gold said:
It's really quite astonishing that Kepler, Priceless, and "trixR4kids" (TimP, is that you?) are arguing for some full-bore Texas-style justice on this guy. Never thought I'd see the day they would be siding for 15 to life. Oh that's right, I forgot, it allows them to complain about the eeeeeeeeevil GUNS!1!!! and trot out those typically lame cracks about how "we should've let those gun totin' Southern inbreds go" (seriously guys, it's as old as Old Pio screaming "libstain!" at anyone who disagrees with his froth).
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I'm not advocating secession anymore. I like Kepler's new idea: Nuke the South. :)
 
Re: Nice Plant #7: Get me off of this planet

FadeToBlack&Gold said:
It's really quite astonishing that Kepler, Priceless, and "trixR4kids" (TimP, is that you?) are arguing for some full-bore Texas-style justice on this guy. Never thought I'd see the day they would be siding for 15 to life. Oh that's right, I forgot, it allows them to complain about the eeeeeeeeevil GUNS!1!!! and trot out those typically lame cracks about how "we should've let those gun totin' Southern inbreds go" (seriously guys, it's as old as Old Pio screaming "libstain!" at anyone who disagrees with his froth).
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I'm all for (responsible) gun ownership. I'm not for wild west justice though.
 
Re: Nice Plant #7: Get me off of this planet

I personally am getting a kick out of the legal arguments being made by non attorneys. Especially since I'm betting none of us live in Texas or have the slightest idea what Texas law is regarding various defenses/mitigating factors.

But I'm sure someone stayed at a holiday inn express last night.
 
Re: Nice Plant #7: Get me off of this planet

unofan said:
I personally am getting a kick out of the legal arguments being made by non attorneys. Especially since I'm betting none of us live in Texas or have the slightest idea what Texas law is regarding various defenses/mitigating factors.

But I'm sure someone stayed at a holiday inn express last night.
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In texas the defendant has to prove temporary insanity applies to their case, it's not on the prosecutor to prove that it doesn't.

Here's the applicable code in Texas:
(a) It is an affirmative defense to prosecution that, at the time of the conduct charged, the actor, as a result of severe mental disease or defect, did not know that his conduct was wrong.

Neither applies here.

From further reading it looks like this type of killing would have been legal before 1983, but they struck out that insanity defense and it's no longer applicable.
 
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Re: Nice Plant #7: Get me off of this planet

trixR4kids said:
In texas the defendant has to prove temporary insanity applies to their case, it's not on the prosecutor to prove that it doesn't.

Here's the applicable code in Texas:
(a) It is an affirmative defense to prosecution that, at the time of the conduct charged, the actor, as a result of severe mental disease or defect, did not know that his conduct was wrong.

Neither applies here.
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W T F? Was temporary insanity his defense?

The way I read it, the jury acquitted him on lack of sufficient evidence, not "temporary insanity."


Do you even know what we're talking about?
 
Re: Nice Plant #7: Get me off of this planet

Gurtholfin said:
W T F? Was temporary insanity his defense?

The way I read it, the jury acquitted him on lack of sufficient evidence, not "temporary insanity."


Do you even know what we're talking about?
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Did you even read what I was responding to?
 
Re: Nice Plant #7: Get me off of this planet

unofan said:
I personally am getting a kick out of the legal arguments being made by non attorneys. Especially since I'm betting none of us live in Texas or have the slightest idea what Texas law is regarding various defenses/mitigating factors.

But I'm sure someone stayed at a holiday inn express last night.
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lol :rolleyes:

It's a message board. Seriously.
 
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Re: Nice Plant #7: Get me off of this planet

trixR4kids said:
Did you even read what I was responding to?
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"Neither applies to the dad in this case."

So what? He didn't use that defense.


You haven't changed your sub-name yet either.
 
Re: Nice Plant #7: Get me off of this planet

I never stated that he plead temp insanity. I agree that it has nothing to do with the case. I wasn't the one who originally brought it up and have no idea why they did other than some bizzaro moral argument because they watched "A Time to Kill" one too many times. Some people stated that it was a valid legal defense or that it would become manslaughter due to the mitigating circumstances .

UNOfan just mentioned legal discussion, and that's the only legal thing we've talked about thus far, so I assumed that's what he was alluding to and I responded accordingly.

Gurtholfin said:
"Neither applies to the dad in this case."

So what? He didn't use that defense.


You haven't changed your sub-name yet either.
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I'll take that as a no.
 
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Re: Nice Plant #7: Get me off of this planet

dxmnkd316 said:
lol :rolleyes:

It's a message board. Seriously.
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To be honest, I'm sure it's amusing for our resident, loudly self-proclaimed, Ivy-degreed legal eagle to read our hysterics.

I think what Priceless, Kepler, et al are flipping out over is that even if they had found the gun and there was residue on the defendant's hands, the Texas jury would've gone for jury nullification out of sympathy for the defendant.
 
Re: Nice Plant #7: Get me off of this planet

FadeToBlack&Gold said:
To be honest, I'm sure it's amusing for our resident, loudly self-proclaimed, Ivy-degreed legal eagle to read our hysterics.

I think what Priceless, Kepler, et al are flipping out over is that even if they had found the gun and there was residue on the defendant's hands, the Texas jury would've gone for jury nullification out of sympathy for the defendant.
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I don't doubt that, but it's just a stupid effing comment to begin with.

I mean, why don't we just go ahead and close down all the politics threads, especially the SCOTUS thread, because none of us have ever been senators, presidents, or justices. While we're at it, we might as well lock each user into their own conference forums because they couldn't possibly know anything about other conferences.
 
Re: Nice Plant #7: Get me off of this planet

dxmnkd316 said:
Too bad the two most prolific lefties on here just want to lob sarcastic bombs over the fence instead of actually discussing the issue. :rolleyes:
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He says, lobbing a sarcastic bomb over the fence...

I feel there's nothing to discuss here. If the guy wins on temporary insanity, it is a recognized defense. If he wins on lack of evidence, well, sure texas, whatever you need to do I guess. But if he tossed the gun in the ocean after recovering his wits then he should go up on the lesser charge of whatever destroying the evidence is. I don't see the problem.

This is one of those cases where people are so wound around they own sphincters they just jump to conclusions about what the guys typically on the other side of the fence are saying.
 
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FadeToBlack&Gold said:
To be honest, I'm sure it's amusing for our resident, loudly self-proclaimed, Ivy-degreed legal eagle to read our hysterics.

I think what Priceless, Kepler, et al are flipping out over is that even if they had found the gun and there was residue on the defendant's hands, the Texas jury would've gone for jury nullification out of sympathy for the defendant.
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It's amusing from the standpoint that no one (ok, I'm sure someone, some where out there does) watches e.r. and thinks they know enough to comment on medicine, but everyone loves to proclaim how much law they know by watching law & order reruns.

But I may also just be bitter after working at a booth at the state fair for 16 hours last week and dealing with (ie ignoring with as much politeness I could muster) lots of...interesting...rants.
 
Re: Nice Plant #7: Get me off of this planet

unofan said:
I may also just be bitter after working at a booth at the state fair for 16 hours last week and dealing with lots of...interesting...rants.
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But did you get to have lunch with the bearded lady?
 
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