@MrsCharmCarm@MaryAnnreports You misunderstand provocation law. Its not about what Austin said or did. Its the fact you cannot issue a threat such as touch me and see what happens and be already postured with a weapon in hand "In bag". Smith vs State similar circumstances.
@CandiceKosty@Itsme2020agian@MaryAnnreports Community threats have nothing to do with evidence or testimony towards a case. But if community threats to disturb a judicial process, witness tamper and more can cause a judge to do what was done in this case limiting media, news, etc and gag order.
@CandiceKosty@Itsme2020agian@MaryAnnreports True. But we also have to look at the threats of intimidation and willingness to dox minors and more. They had to do something to protect the proceedings and all involved including witnesses.
@CandiceKosty@Itsme2020agian@MaryAnnreports Some of the elements came up already in the trial. Hard to say if it was discussed in full based on all the reporting. But i suspect it will be discussed more in full again possibly later.
@brostoevksy@MaryAnnreports One of the coaches testified to telling Austin to watch the team tent area. You missed that cause it came up in trial yesterday.
@CandiceKosty@Itsme2020agian@MaryAnnreports Premeditation would be a hard argue in a fast unfolding scene. At this point does he meet all elements of smith v state provocation to forfeiture of self defense? Yes.
@somewutbased@kristin4311@MaryAnnreports His GPA would argue against any claim to a mental incapacity or deficiency. He has no claim. And there is no way to sway that. except if they try to argue temp insanity. However that does not diminish or remove confinement and would still face incarceration of some form.
@CaslavskaR@BooRadleys_Cat@MaryAnnreports Yes its admissible. res gestae. spontaneous utterance are admissible as long as the statements were not responses to questions before miranda. Article 38.22 lists exceptions
@TexasPatriot_27@SarahisCensored Police report states he put his hand in his bag before provoking statements. It says, "pulled out what (redacted) recalled as a black knife and stabbed Austin once in the chest and then ran away" Since his hand is in the bag that was likely the location of knife.
@JTBlackstone@realalexsanglez Fake post never originated from Austins socials. Even checked internet archives. If your going to prove something maybe post the internet archive as well to back up your claim.
@2shoetoby@MaryAnnreports You failed to comprehend my statement. I said, "a lot of what was heard online was fabricated". I then said some said he was disqualified. I did not say he was. No one outright confirmed that so it was speculation and does not matter against the most important parts of the case.
@MaryAnnreports This was to be expected as it showed him on the roster. Which we could already assume a lot of what was heard online was fabricated. Some said he was disqualified but that really does not matter in light of the most important parts of the case.
@SarahisCensored Sarah this was to be expected. Your going to have to stand your ground. Prevent the cuts if they step in front step right back in front of them or have someone help block them from cutting. They are going to play dirty and you just have to outsmart them.
@Atlsportsp11499@SarahisCensored Nope not like you think. When both sides agree on the jurors an appeal can not be made simply for a biased jury. Voir Dire is to help prevent situations of unnecessary appeals.
@Spidahnotyounk@SarahisCensored Your lacking an understanding of case law. Smith v State establishes 3 elements to provocation to dismiss right to self defense. Number of people do not matter when they are unarmed. They can even provoke as well. But you cannot make a provoking statement before use of force.
@TheTaterman@jearosky@HerefordBrimley@SarahisCensored The point in my comment was there is such a small window to achieve acquittal its like winning the lottery. The biggest issue that the jury will likely struggle with is does the evidence and history support murder or manslaughter. And we will see how that unfolds in the trial.
@stevenrfields@SarahisCensored Nope you need to educate your self on legal proceedings in cases where the prosecution and defense question and approve of the jurors. Mike Howard approved of the jurors so it would be hard for the appeal to go through on the grounds of a biased jury.
@jearosky@HerefordBrimley@SarahisCensored I invite you to read on smith v state and the elements imposed on what disqualifies self defense. These elements will likely be addressed in trial. Odds of Karmelo walking without a charge of at least manslaughter is slim to none.