Maybe the judge wants the case to go to an appellate court to clarify the law.Liberty wrote: ↑Wed Dec 18, 2019 3:14 pmPlease Keep in mind this is Waco. History repeats itself and justice probably has nothing to do with this.ScottDLS wrote: ↑Wed Dec 18, 2019 2:29 pm
The crime of unlawfully carrying a weapon is defined in TXPC 46.02. There are exceptions (technically defenses to prosecution) laid out in 46.15. Being a LEO, Fed, having LTC, traveling, sporting activity, etc. If the person charged has a 46.15 exception (defense) that applies, the prosecution must refute it beyond a reasonable doubt at trial if the accused raises it. Whether the accused is a member of a "criminal street gang" is irrelevant to the Defense, so if it is raised it should be refuted beyond a reasonable doubt. I don't understand why the judge is supposedly not allowing the lawyer to present the Defense. Unless there are other unreported details, it seems that the judge is not following the law.
If the person arrested was not wearing his gang colors then the LEO would have no cause to arrest the person unless he was
in the process of committing a crime. It seems like the law is a case of "guilt by association".