Search found 3 matches

by RoyGBiv
Tue Oct 01, 2019 2:05 pm
Forum: LEO Contacts & Bloopers
Topic: Officer Invades Apartment, Shoots Resident
Replies: 435
Views: 189274

Re: Officer Invades Apartment, Shoots Resident

AndyC wrote: Tue Oct 01, 2019 12:29 pm I'm curious how they got to "murder" - I had thought that that charge implies premeditation.
Not in TX. "knowingly causes the death" is all it takes in TX.
Note that TX has "Capital Murder" which can include premeditation. (see PC 19.03(2))

FYI... It's easier to understand clearly if you skip reading the definitions. The definitions 1 and 2 only apply to subsection d.

IANAL. Just my opinion.
Sec. 19.02. MURDER.

(a) In this section:

(1) "Adequate cause" means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.

(2) "Sudden passion" means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation.

(b) A person commits an offense if he:

(1) intentionally or knowingly causes the death of an individual;

(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or

(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.

(c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree.

(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.
by RoyGBiv
Sat Dec 01, 2018 8:05 am
Forum: LEO Contacts & Bloopers
Topic: Officer Invades Apartment, Shoots Resident
Replies: 435
Views: 189274

Re: Officer Invades Apartment, Shoots Resident

Seems to me that murder is going to be tough to find. Unless there is some kind of history between the two that I'm not aware of.
Manslaughter seems like the appropriate charge.

/MMQB
by RoyGBiv
Fri Sep 07, 2018 9:37 am
Forum: LEO Contacts & Bloopers
Topic: Officer Invades Apartment, Shoots Resident
Replies: 435
Views: 189274

Re: Officer Invades Apartment, Shoots Resident

flechero wrote: Fri Sep 07, 2018 8:46 am The smell test indicates a hot steaming pile of poop at this point.
Agreed. Expecting more to the story.

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