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12-10-2018, 09:03 AM
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#46
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Valued Poster
Join Date: Oct 1, 2013
Location: Dallas TX
Posts: 12,555
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Amber will go to jail, however the problem still is "You cant fix stupid"
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12-10-2018, 09:17 AM
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#47
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BANNED
Join Date: May 5, 2013
Location: Phnom Penh, Cambodia
Posts: 36,100
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Quote:
Originally Posted by Roy Wally
Typically, judges must issue the lesser included offense instructions to the jury if the lesser included offense is part of the charged offense if there exists significant evidence the defendant only committed that lesser crime. So, only if the evidence supports such instructions.
Further, at least in some jurisdictions, a trial judge may not instruct jurors on a lesser included offense if there has been no request to do so by the defendant.
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at what point in the trial does that occur? seems to me, if I'm a juror, and hear this instruction early, it would be a major suggestion that murder is an absurd charge, and I would not be inclined to view the trial under the prism of murder. at trial's end, maybe it is a good idea.. I probably already know where the facts took me, but if I'm vacillating at all, the lesser charge idea might help my decision.
if I'm Amber, I would say "nail me for murder, or set me free"! of course, I'm assuming her tale is somewhere near the truth.. she may know internally (we don't) that she's a cold-blooded Murderer right now.
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12-10-2018, 10:48 AM
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#48
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Upgraded Male Account
Join Date: Oct 22, 2012
Location: Dallas/Fort Worth, Texas
Posts: 1,776
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Quote:
Originally Posted by Daddy4Pussy
The city was going to burn if they didn't go for murder. Now when they can't convict her of murder the city will burn. We will have all the race baiters here saying that Dallas is a divided city where blacks and whites don't get along. Far from the truth. Of course you have your 2% that believe we are divided.
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I've lived in cities all over the United States (and overseas), and Dallas is the second most racist and divided place I've ever lived.
For crissakes, the Dallas Police Department has three unions! A black union, a white union and a latino union.
Tell me, does North Dallas look anything like South Dallas? Does the area around Preston Hollow look anything like the area around Pleasant Grove? Is it difficult to see gentrification taking place in, say, Kessler Park/Oak Cliff or around DPD HQ?
I have no idea how anyone could say Dallas is not a racist, divided city.
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12-10-2018, 02:26 PM
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#49
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Valued Poster
Join Date: Jun 10, 2012
Location: Plano
Posts: 3,914
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Do we want, as a society to say it is unacceptable, mistake or not, to go into another person's home and kill them?
A murder conviction will say we do not think it is acceptable. Anything less opens a can of worms no one wants to eat.
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12-10-2018, 04:15 PM
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#50
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Account Disabled
Join Date: Feb 3, 2016
Location: Texas
Posts: 2,011
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In order to get “murder” conviction they must prove intent by definition of Texas statute. They overcharge to force a plea or they just fucked up the charge just like she fucked up. Either way Dallas will get their asses sued.
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12-10-2018, 07:37 PM
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#51
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Professional Tush Hog.
Join Date: Mar 27, 2009
Location: Here and there.
Posts: 8,958
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In Texas it's the State can ask that the lesser included offense is charged. (If I recall correctly, either side can request the charge. Somebody check me on that since I don't do criminal law.) And there is no longer an requirement that the evidence rebut some element of the primary crime charged to submit the lesser included. You never know what kind of stupid prosecutor tricks will happen in any given trial, but the prosecutors would be idiots not to submit a lesser included in this case.
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12-10-2018, 08:22 PM
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#52
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Account Disabled
Join Date: Feb 11, 2017
Location: Fort Worth
Posts: 338
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Quote:
Originally Posted by Crock
I've lived in cities all over the United States (and overseas), and Dallas is the second most racist and divided place I've ever lived.
For crissakes, the Dallas Police Department has three unions! A black union, a white union and a latino union.
Tell me, does North Dallas look anything like South Dallas? Does the area around Preston Hollow look anything like the area around Pleasant Grove? Is it difficult to see gentrification taking place in, say, Kessler Park/Oak Cliff or around DPD HQ?
I have no idea how anyone could say Dallas is not a racist, divided city.
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With your statement you're telling me that I only like white people. That's not true. And yes any big city has bad areas and good areas. But if you want to go down that road the people of that community elected John Wiley Price and D'waine Carraway. Both leaders have been in court for embezzling from the city. One got caught, one got away.
As far as unions you don't have to be that race to be part of that union.
So I'll say it again Dallas isn't racist. Dallas suffers from bad voting habits.
And I'm sorry that Jean was killed and the grief both families are going through.
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12-10-2018, 09:49 PM
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#53
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Account Disabled
Join Date: Sep 3, 2016
Location: Waffle House
Posts: 659
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Quote:
Originally Posted by Daddy4Pussy
With your statement you're telling me that I only like white people. That's not true. And yes any big city has bad areas and good areas. But if you want to go down that road the people of that community elected John Wiley Price and D'waine Carraway. Both leaders have been in court for embezzling from the city. One got caught, one got away.
As far as unions you don't have to be that race to be part of that union.
So I'll say it again Dallas isn't racist. Dallas suffers from bad voting habits.
And I'm sorry that Jean was killed and the grief both families are going through.
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Well said.
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12-11-2018, 12:26 AM
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#54
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Professional Tush Hog.
Join Date: Mar 27, 2009
Location: Here and there.
Posts: 8,958
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If you don’t think Dallas in particular, and Texas more generally is racist, you’re on drugs. No, it’s not as bad as it used to be, but it’s still pretty damned bad. There are places In Texas that are worse — East Texas, mostly — but that doesn’t excuse the rest of the State.
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12-11-2018, 07:30 AM
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#55
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Account Disabled
Join Date: Feb 3, 2016
Location: Texas
Posts: 2,011
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Generally speaking if there’s a dead body involved the defendant will get at least ten years. Negligent homicide or murder or any other charge will suffice.
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12-11-2018, 06:54 PM
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#56
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Upgraded Male Account
Join Date: Oct 22, 2012
Location: Dallas/Fort Worth, Texas
Posts: 1,776
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Quote:
Originally Posted by Daddy4Pussy
With your statement you're telling me that I only like white people.
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I said no such thing. Where did I even imply that?
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So I'll say it again Dallas isn't racist.
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You're absolutely wrong. It's very racist. There's a level of institutional racism in Dallas that will exist for a very long time (because now the black racists and the white racists both want it to exist).
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12-29-2018, 12:02 AM
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#57
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Valued Poster
Join Date: Jan 2, 2010
Location: Fort Worth
Posts: 1,980
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I picked up some background on her, if correct, bat shit crazy may be a factor.
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01-07-2019, 04:36 PM
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#58
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Premium Access
Join Date: Sep 16, 2014
Location: Mansfield
Posts: 698
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Just an objective thought from something that happened to me recently.
My GF & I recently were in NYC and staying at a friends apartment. He gave me his personal door key to use since he was staying with his GF.
Keep in mind, this was a nice building on the upper east side of Manhattan with a door man and all.
The apartment was on the 17th floor and each floor had 4 apartments.
One morning I went out for coffee and on my way back, I walked out of the elevator and went to the apartment on the right (my buddies apartment was to the left). I put the key in the door, and easily opened it up. I immediately realized I was in the wrong apartment closed and locked the door then ran to the correct apartment.
I called my buddy and he was about as freaked out as I was. The building manager was called and had both apartment locks changed that day. He told me they used to use the electronic key fob system but replaced it with real keys because the electronic ones always had issues.
I only say this because until this happened to me, I never bought the wrong apartment defense that the officer claimed.
Just food for thought.
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01-07-2019, 06:25 PM
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#59
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BANNED
Join Date: May 5, 2013
Location: Phnom Penh, Cambodia
Posts: 36,100
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interesting story, but it differs in one major way.. you were a short-term visitor, Amber lived at her apt. complex for a while.. certainly after a month, simple "muscle memory" would steer you to the correct apartment.
I think.
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01-07-2019, 08:39 PM
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#60
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Premium Access
Join Date: Sep 16, 2014
Location: Mansfield
Posts: 698
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Quote:
Originally Posted by Chung Tran
interesting story, but it differs in one major way.. you were a short-term visitor, Amber lived at her apt. complex for a while.. certainly after a month, simple "muscle memory" would steer you to the correct apartment.
I think.
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I agree. I’m 50 so between, age, work, GF, and seeing too many ladies here; I’m lucky if I know what bed I crawl into at night. Lol.
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