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CHLLady wrote:I was reading some of the posts from the online article above. I did nor know he LEFT the theater to retrieve his gun!!

To me this is NOT stand your ground. He left his wife presumably in the theater while retrieving his weapon. If he did it after the confrontation, that seems to be premeditated. Stand your ground does not mean I leave and come back to the fight with a gun. I need to find more articles on this guy. I had no idea he had done this. If this was indeed how it transpired, then he should go to jail for murder, no deliberation necessary.

I didn't know this either. If this is true, my suspicion is that the shooter has a mental defect.

Most importantly, § 504(b) (1) provides that the spouse of an accused in a criminal case has a privilege not to be called as a witness for the state. It is the spouse called to testify that must raise this privilege, not the accused spouse. But this rule does not prohibit a spouse from testifying voluntarily for the state, even over the objection of the defendant-spouse. It should also be pointed out that a spouse who testifies for a defendant-spouse is subject to cross examination by the prosecution as provided by Tex. R.Crim. Evid. 611(b).

http://www.johntfloyd.com/comments/november08/08a.htm" onclick="window.open(this.href);return false;

I was just thinking that divorce cases would be a lot less stressful if spouses were forbidden to testify against each other.

jmra wrote: My court experience is limited to episodes of Ironsides and the OJ trial, but isn't there something about a spouse can't be compelled to testify? How much of her statements are admissible? Is this a case of shut your mouth until your lawyer gets there for her as well as the husband?

No body is compelling her to testify. I know she can't be forced to testify against a spouse, but this is not testimony in court. It seems like she could still invoke her 5th amendment rights. I suppose the statements made to the police in a police report could be entered into evidence. One of the LEOs or lawyers would have a more definitive answer.

A lawyer friend told me of a story where he was defending a man and the DA was going to call the man's girlfriend to testify at the trial. Since they were in the courthouse anyway, they found a judge and during the lunch break the man and he girlfriend got married!

I wonder why they are denying bail.
Yes, he is charged with murder, but I don't see him as a big flight risk.
I guess maybe he could hide out for 10 years or so and never have to face trial.

DADE CITY, Fla. (AP) — A bail hearing for a retired Tampa police officer who fatally shot a man inside a movie theater during an argument over texting took a dramatic turn Friday: Prosecutors played a grainy video of the shooting and a recording of the defendant's police interview.

"If I had it to do over again, it would have never happened," Curtis Reeves told detectives. "But you don't get do-overs."

Reeves, 71, is charged with second-degree murder in the Jan. 13 killing of Chad Oulson, 43. At the end of the hearing, which provided glimpses of the strengths and weaknesses of prosecutors' case, the judge ordered Reeves held without bail until his trial.

According to the police interview, Reeves said Oulson hit him in the face, possibly with a cellphone, and he shot in self-defense. Yet other witnesses, including Reeves' wife, told authorities they never saw Oulson strike Reeves.

Vivian Reeves did tell police that Oulson stood up and leaned over toward her husband just before the shooting, and the video appears to show some sort of contact between the two men.

Reeves pleaded not guilty. If convicted, he could face a mandatory minimum sentence of 25 years in prison.


http://www.chron.com/news/crime/article ... 213218.php" onclick="window.open(this.href);return false;

Beiruty wrote:

WildBill wrote:

jmra wrote:

03Lightningrocks wrote:"Abraham snip"
I am going to work on some self improvement in this area

In the past, my wife would often place her hand on my arm and say, "Sticks and stones honey". I would then turn to her and say, "I'm not a 5 year old". To which she would respond, "Then stop acting like one". That would usually do the trick.
Then she figured out I was much better behaved while carrying. So now when we go some place, she makes it a point to ask if I'm carrying. I reply, "Of course" to which she replies but exhaling a sigh of relief.

My CHL instructor told us that the CHL was a license to eat crow.

Is he sure, I thought I have heard once in a blue moon, CHL, "Come and Have a Lunch"

Beiruty - Sorry, I don't understand your statement.

jmra wrote:

03Lightningrocks wrote:"Abraham snip"
I am going to work on some self improvement in this area

In the past, my wife would often place her hand on my arm and say, "Sticks and stones honey". I would then turn to her and say, "I'm not a 5 year old". To which she would respond, "Then stop acting like one". That would usually do the trick.
Then she figured out I was much better behaved while carrying. So now when we go some place, she makes it a point to ask if I'm carrying. I reply, "Of course" to which she replies but exhaling a sigh of relief.

My CHL instructor told us that the CHL was a license to eat crow.