Nullification - repeat 1,000 times daily nationwide !
Make the bastards choke to death on their totalitarian wet dreams.
Posted on 03/29/2012 8:48:31 PM PDT by Tailgunner Joe
HOUSTON—The controversial shooting of a teenager in Florida has a Texas lawmaker demanding changes to the Texas version of the "stand your ground" law.
State Representative Garnet Coleman feels the state’s Castle Doctrine allows potential victims too much latitude to shoot first and ask questions later. He plans to introduce legislation to amend it.
But some legal experts and supporters of the current law don’t believe the proposed changes stand much chance of passing in Austin.
In 2007, the Legislature eliminated the "duty to retreat before using deadly force" portion of the law.
Coleman, citing the Trayvon Martin case in Florida as an example, says the 2007 change made it too easy for Texans to respond with deadly force when the situation might not warrant it.
"All it takes is a tragedy for people to understand that something needs to be changed," Coleman said. "And I don’t think any legislator in this state wants to be perceived as allowing somebody the ability to shoot someone without good cause."
Coleman also recounted the November 2007 case of Joe Horn in Pasadena. The homeowner, despite being urged by a 911 operator to stay inside his home, chose to go out his front door and confront two burglars who had broken into a neighbor’s home. The investigation showed that Horn shot and killed both with a shotgun as they were running away. A Harris County grand jury refused to indict Horn. He was not charged with a crime.
"The reality is here is now is that it’s all about the perception whether someone is or isn’t going to use deadly force which allows someone to shoot first and ask questions later," said Coleman. "That turns into an affirmative defense against prosecution."
"But what’s even worse is both of these bills expand the power of shoot first ask questions later to an automobile, to a place of business," Coleman said of the Texas Castle Doctrine.
But Prof. Gerald Treece with the South Texas College of Law says he doesn’t believe Coleman’s proposal has much of a chance in Texas.
"I don’t have to retreat before I defend myself," he said of the interpretation of Texas law even prior to the Castle Doctrine update in 2007.
"I don’t have to say, 'Deadly force is going to be used, I think I’ll retreat.' You can be a man in Texas and stand up for yourself without retreating," said Treece.
Coleman, who believes the current Texas law has had a disproportionate impact on minorities, says he will introduce his recommended changes to the Castle Doctrine in the next legislative session.
So that’s what all this moaning is about...forcing citizens to give up their guns and giving thugs the freedom to overrun our property.
This is right in line with voter ID. They protest too much for the sakes of the criminals.
Right there he is admitting that blacks make up most of the criminal class.
If they only had 1/1000 the courage to speak out against real crimes, especially those committed by minority thugs.
Joe Horn is a folk hero in these parts.
Why, oh why, did the word “disproportionate” ever slip into the maintstream? I wish we would’ve restricted the teaching of statistics and probability to those not bent on using it for evil.
The first thing people need to do when witnessing a crime is whip out that cellphone and start recording. There has to be more evidence in these cases.
What about ACTUAL VICTIMS?
I don’t see any connection between the castle doctrine, or a “stand your ground” law, and the Zimmerman case. Whatever the facts end up being, the Zimmerman situation is simply a strait forward application of deadly force in self defense (or not). There’s no other law that needs to be used.
Straight forward. Dang autocorrect.
Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other’s imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
That’s been the law for a long time, and it’s not going to change anytime soon.
/johnny
Nullification - repeat 1,000 times daily nationwide !
Make the bastards choke to death on their totalitarian wet dreams.
FU Coleman. See my tag line, you POS.
You try changing our law Mr. Coleman, and we’ll just see how far you get...and let’s put it this way - I’m not exactly quaking in my boots.
One other thing, Mr. Coleman, the law also protects blacks - not that you would give a crap.
People might get the idea that if someone is on top of you beating you bloody that you can defend yourself. We cannot have that! /sarc
Joe Horn was 9.43 defense of 3rd person property, but still - this has nothing to do with the castle law (which is mostly civil protection). This wfaa reporter has done no research on the matter. Also I whole heartedly agree that this will NOT change in Texas anytime soon.
its been a while... but didnt the liberal harris county DA get in trouble for harassing Joe Horn and others with malicious prosecution and had to be removed from office? I remember something about him bringing cases to or threatening to bring grand jurys over and over and over again.
That is where we are.
And the silly racists don’t even know it - they are just catching on.
They want CRT - OK - they got it.
Or, "Lies, damned lies, and Statistics"!
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