Houston Self Defense Trial

[Charles L. Cotton]

The retreat condition seems more like, "If you're walking down the street, minding your own business, in a place you're legally allowed to occupy, and somebody presents you with a clear threat to your life or serious bodily harm, you are under no obligation to retreat before meeting force with force." That's not what happened in the video I just watched.

Exactly right.

Chas.

[philip964]

http://www.chron.com/news/houston-texas ... 966621.php" onclick="window.open(this.href);return false;

Appeals court overturns conviction. Gets a new trial.

Based on confusing instructions to the jury.

I suspect he will be convicted again in the new trial.

[Charles L. Cotton]

http://www.chron.com/news/houston-texas ... 966621.php

Appeals court overturns conviction. Gets a new trial.

Based on confusing instructions to the jury.

I suspect he will be convicted again in the new trial.

Not many murder convictions get overturned, so the jury instruction must have been really bad. Every trial has errors, but most are found by appellate courts to be "harmless errors" even when they are not. Prosecutors know full well how to instruct juries, as do criminal court judges. This is what happens when you try to play fast and loose with an instruction to gain an advantage. The state should have to reimburse 100% of his attorney fees and other legal defense costs for both the trial and the appeal.

Chas