Why did they try to use mistake in fact? Why did that defense not go their way?
I'll answer these 2.
"Why did they try to use mistake in fact?"
They used it because it should've got her off in this case. Combined w/Castle Doctrine, she should've walked.
"Why did that defense not go their way?"
Because the jury couldn't comprehend what Mistake Of Fact actually means, how to apply it or the gravity of it.
Mistake of Fact: She was in her apartment (she wasn't but she truly believed she was & that's the beauty of Mistake of Fact).
Castle Doctrine: "stand your ground" type situation. She had every right to shoot someone in her apartment.
Having said all that;
she walks into her apartment & shoots a stranger in her apartment = not guilty of murder & almost certainly not guilty of manslaughter.
It's hard for people to wrap their mind around Mistake of Fact, including people in this thread, & that's why their defense failed.
I'll answer these 2.
"Why did they try to use mistake in fact?"
They used it because it should've got her off in this case. Combined w/Castle Doctrine, she should've walked.
"Why did that defense not go their way?"
Because the jury couldn't comprehend what Mistake Of Fact actually means, how to apply it or the gravity of it.
Mistake of Fact: She was in her apartment (she wasn't but she truly believed she was & that's the beauty of Mistake of Fact).
Castle Doctrine: "stand your ground" type situation. She had every right to shoot someone in her apartment.
Having said all that;
she walks into her apartment & shoots a stranger in her apartment = not guilty of murder & almost certainly not guilty of manslaughter.
It's hard for people to wrap their mind around Mistake of Fact, including people in this thread, & that's why their defense failed.
The law requires a reasonableness standard to use MOF. There was definitely enough evidence for a jury to conclude Guyger was being unreasonable if she thought she was standing inside her own apartment.
I'll answer these 2.
"Why did they try to use mistake in fact?"
They used it because it should've got her off in this case. Combined w/Castle Doctrine, she should've walked.
"Why did that defense not go their way?"
Because the jury couldn't comprehend what Mistake Of Fact actually means, how to apply it or the gravity of it.
Mistake of Fact: She was in her apartment (she wasn't but she truly believed she was & that's the beauty of Mistake of Fact).
Castle Doctrine: "stand your ground" type situation. She had every right to shoot someone in her apartment.
Having said all that;
she walks into her apartment & shoots a stranger in her apartment = not guilty of murder & almost certainly not guilty of manslaughter.
It's hard for people to wrap their mind around Mistake of Fact, including people in this thread, & that's why their defense failed.
i think the jury also misinterpreted her "yes, i intended to kill him" answer. if the jury didnt there sure have been a lot of people on social media that did.
The law requires a reasonableness standard to use MOF. There was definitely enough evidence for a jury to conclude Guyger was being unreasonable if she thought she was standing inside her own apartment.
if they were so convinced that she committed murder, and is a murderer, than why only 10 years?
The short version of what happened according to one of the perps. Brown offers to sell drugs to guy from Louisiana who shows up with two other guys. Things went sideways and Brown shoots one of them and they shoot back. Brown dies, guy he shot survives and goes to the hospital where he was arrested and rats on the other two, who have warrants out for them now. They found 12 pounds of pot in Browns apartment. The DPD conspiracy never made sense. His testimony did not convict Guyger - hers did. Brown was a neighbor who just said he heard voices and shots fired.
I'll answer these 2.
"Why did they try to use mistake in fact?"
They used it because it should've got her off in this case. Combined w/Castle Doctrine, she should've walked.
"Why did that defense not go their way?"
Because the jury couldn't comprehend what Mistake Of Fact actually means, how to apply it or the gravity of it.
Mistake of Fact: She was in her apartment (she wasn't but she truly believed she was & that's the beauty of Mistake of Fact).
Castle Doctrine: "stand your ground" type situation. She had every right to shoot someone in her apartment.
Having said all that;
she walks into her apartment & shoots a stranger in her apartment = not guilty of murder & almost certainly not guilty of manslaughter.
It's hard for people to wrap their mind around Mistake of Fact, including people in this thread, & that's why their defense failed.
OR her defense could have failed simply because the jury didn't believe it was a "Mistake" at all, like some people in this thread..
Apparently this guy was shot a year or so back outside a strip club, and was present when someone else was shot a few years ago.
THAT is a Dallas prosecutors style of credible witness!
He wore a DragonBall Z t-shirt and a pair of swimming trunks to testify in a murder case. Not sure what caliber of a person does that but I guess we’re finding out.
Apparently this guy was shot a year or so back outside a strip club, and was present when someone else was shot a few years ago.
THAT is a Dallas prosecutors style of credible witness!
What Are you trying to say? I was shot at outside a strip club in 1985.
Luckily for me he missed(he was still dizzy from me bouncing his head off the cigarette machine on the way out the door). Ladies Galore at 2050 Cheshire Bridge Road in Atlanta. Good times.
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