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Thread: Amber Guyger's legal team expected to appeal murder conviction

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    Default Amber Guyger's legal team expected to appeal murder conviction

    I think the jury decision was flawed. Pretty obvious case of manslaughter with a verdict that was affected by emotion and public opinion.


    Amber Guyger’s legal team expected to appeal murder conviction

    DALLAS - Legal experts believe Amber Guyger’s legal team will likely appeal her murder conviction.

    A jury sentenced the former Dallas police officer on Wednesday to 10 years in prison for murdering Botham Jean, her upstairs neighbor, at the Southside Flats apartments in September 2018.

    Trial observers, like defense attorney Heath Harris, are looking ahead to what could happen with Guyger's murder conviction in appeals court.

    Harris is not affiliated with the case. He has experience as a former prosecutor on police cases and believes Guyger's attorneys will move aggressively to get a new trial.

    “They're gonna throw everything, just like they did in this trial,” Harris said. “They're going to throw everything they have at the appellate court, hoping something sticks, hoping something gives them another chance at retrying this case.”

    There is a lot to go through in the court record: transcripts of seven days of testimony and closing arguments, the background of jurors and witnesses and every motion allowed and denied by Dallas County Judge Tammy Kemp.

    The appeal sentence could possibly start with the judge not allowing the trial to be moved out of Dallas County.

    “There's a reason why they didn't want it to be here in Dallas County: obviously the emotional appeal,” Harris said. “You've seen a lot of emotion from the citizens here in Dallas County.”

    During the trial, crucial testimony that may have helped Guyger's defense was not allowed in court. Outside the presence of the jury, two law enforcement officers said they believed Guyger acted reasonably and did not commit a crime. The judge declined to let the jury hear those opinions.

    “They're gonna scour through that transcript,” Harris said. “They're going to scour through every ruling for what are the appropriate issues that could potentially get this case overturned.”

    Legal experts say it will likely be a while before the case is in court again. Guyger’s legal team will need to do some procedural things, like getting transcripts from the trial and presenting briefs, to get the process moving forward.
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    Manslaughter is usually for accidental killings due to negligence and that is not the case here. Amber TRIED to kill the guy. Some states allow voluntary manslaughter for killings in the heat of passion but that doesn't seem to apply here either.
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    Quote Originally Posted by Text Drivers are Killers View Post
    Manslaughter is usually for accidental killings due to negligence and that is not the case here. Amber TRIED to kill the guy. Some states allow voluntary manslaughter for killings in the heat of passion but that doesn't seem to apply here either.
    man·slaugh·ter
    /ˈmanˌslôdər/

    noun
    the crime of killing a human being without malice aforethought, or otherwise in circumstances not amounting to murder.

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    Quote Originally Posted by anonymoose View Post
    man·slaugh·ter
    /ˈmanˌslôdər/

    noun
    the crime of killing a human being without malice aforethought, or otherwise in circumstances not amounting to murder.
    That "universal" definition is useless. Each state has their own manslaughter statute.
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    Quote Originally Posted by Text Drivers are Killers View Post
    That "universal" definition is useless. Each state has their own manslaughter statute.
    I know. Just throwing it out there. The difference 2nd degree murder and manslaughter appears to be blurry.

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    I haven't followed this that closely but she only got ten years for killing someone. Seems like it could have been a lot worse. What exactly is she appealing for?

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    Quote Originally Posted by Nomad View Post
    I think the jury decision was flawed. Pretty obvious case of manslaughter with a verdict that was affected by emotion and public opinion.


    Amber Guyger’s legal team expected to appeal murder conviction

    DALLAS - Legal experts believe Amber Guyger’s legal team will likely appeal her murder conviction.

    A jury sentenced the former Dallas police officer on Wednesday to 10 years in prison for murdering Botham Jean, her upstairs neighbor, at the Southside Flats apartments in September 2018.

    Trial observers, like defense attorney Heath Harris, are looking ahead to what could happen with Guyger's murder conviction in appeals court.

    Harris is not affiliated with the case. He has experience as a former prosecutor on police cases and believes Guyger's attorneys will move aggressively to get a new trial.

    “They're gonna throw everything, just like they did in this trial,” Harris said. “They're going to throw everything they have at the appellate court, hoping something sticks, hoping something gives them another chance at retrying this case.”

    There is a lot to go through in the court record: transcripts of seven days of testimony and closing arguments, the background of jurors and witnesses and every motion allowed and denied by Dallas County Judge Tammy Kemp.

    The appeal sentence could possibly start with the judge not allowing the trial to be moved out of Dallas County.

    “There's a reason why they didn't want it to be here in Dallas County: obviously the emotional appeal,” Harris said. “You've seen a lot of emotion from the citizens here in Dallas County.”

    During the trial, crucial testimony that may have helped Guyger's defense was not allowed in court. Outside the presence of the jury, two law enforcement officers said they believed Guyger acted reasonably and did not commit a crime. The judge declined to let the jury hear those opinions.

    “They're gonna scour through that transcript,” Harris said. “They're going to scour through every ruling for what are the appropriate issues that could potentially get this case overturned.”

    Legal experts say it will likely be a while before the case is in court again. Guyger’s legal team will need to do some procedural things, like getting transcripts from the trial and presenting briefs, to get the process moving forward.
    Have you read all the evidence and pre-trial testimony? Because I see many flaws in her story which actually changed a few times. I would not be so quick to absolve her of the charge.

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    Quote Originally Posted by Cinnabar View Post
    Have you read all the evidence and pre-trial testimony? Because I see many flaws in her story which actually changed a few times. I would not be so quick to absolve her of the charge.
    What flaws and changes were in her story?

    What was her motive to purposely enter his apartment and kill him?
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    Quote Originally Posted by Nomad View Post
    What flaws and changes were in her story?

    What was her motive to purposely enter his apartment and kill him?
    From what I can recall, there was some type of spat/issue or something or other about noise.

    2 Different Versions of Amber Guyger’s Story Appear on 2 Different Warrants Related to the Shooting of Botham Jean
    https://www.theroot.com/2-different-...-on-1829044816
    If you care to take the time to search it out, there are no shortages of online articles which discuss inconsistencies in the story.

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    I thought that murder convictions were always automatically appealed. Or is that only with capital/1st degree?
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    Quote Originally Posted by Nomad View Post
    I think the jury decision was flawed. Pretty obvious case of manslaughter with a verdict that was affected by emotion and public opinion.


    Amber Guyger’s legal team expected to appeal murder conviction

    DALLAS - Legal experts believe Amber Guyger’s legal team will likely appeal her murder conviction.

    A jury sentenced the former Dallas police officer on Wednesday to 10 years in prison for murdering Botham Jean, her upstairs neighbor, at the Southside Flats apartments in September 2018.

    Trial observers, like defense attorney Heath Harris, are looking ahead to what could happen with Guyger's murder conviction in appeals court.

    Harris is not affiliated with the case. He has experience as a former prosecutor on police cases and believes Guyger's attorneys will move aggressively to get a new trial.

    “They're gonna throw everything, just like they did in this trial,” Harris said. “They're going to throw everything they have at the appellate court, hoping something sticks, hoping something gives them another chance at retrying this case.”

    There is a lot to go through in the court record: transcripts of seven days of testimony and closing arguments, the background of jurors and witnesses and every motion allowed and denied by Dallas County Judge Tammy Kemp.

    The appeal sentence could possibly start with the judge not allowing the trial to be moved out of Dallas County.

    “There's a reason why they didn't want it to be here in Dallas County: obviously the emotional appeal,” Harris said. “You've seen a lot of emotion from the citizens here in Dallas County.”

    During the trial, crucial testimony that may have helped Guyger's defense was not allowed in court. Outside the presence of the jury, two law enforcement officers said they believed Guyger acted reasonably and did not commit a crime. The judge declined to let the jury hear those opinions.

    “They're gonna scour through that transcript,” Harris said. “They're going to scour through every ruling for what are the appropriate issues that could potentially get this case overturned.”

    Legal experts say it will likely be a while before the case is in court again. Guyger’s legal team will need to do some procedural things, like getting transcripts from the trial and presenting briefs, to get the process moving forward.
    affected by race! just like the OJ verdict

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    Quote Originally Posted by Cinnabar View Post
    From what I can recall, there was some type of spat/issue or something or other about noise.



    If you care to take the time to search it out, there are no shortages of online articles which discuss inconsistencies in the story.
    Well, first of all, you can't base an opinion of a case like this on anything in The Root. That's like basing an opinion of Trump based on something reported by Sean Hannity.

    Plus, the difference reported in the Root article is not in her story, its in two warrants related to the case, one of them her version and the other, a neighbor's version that was based only on what they heard through the walls.

    It still remains that she had no motive to intentionally enter the guy's apartment and shoot him.
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    Quote Originally Posted by Nomad View Post
    Well, first of all, you can't base an opinion of a case like this on anything in The Root. That's like basing an opinion of Trump based on something reported by Sean Hannity.

    Plus, the difference reported in the Root article is not in her story, its in two warrants related to the case, one of them her version and the other, a neighbor's version that was based only on what they heard through the walls.

    It still remains that she had no motive to intentionally enter the guy's apartment and shoot him.
    How do you know that she had no motive? I don't know if she did or not so how do you know? There are many articles but the fact was there was a mat outside of the victims door and not one outside of hers so I found that very odd from day one. I never bought the not recognizing my own door or floor claim but maybe her senses sucked.

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    Only two people know what happened once she set foot in that apartment and one of them is dead. She said the apartment was dark yet she managed to shoot him in the heart. She didn't try to give him CPR; instead she went outside, called 911, and started texting her partner. Her story stinks to high heaven.


    • Jean was alive when officers and paramedics arrived, but did not communicate, an officer who was at the scene testified.
    • While Guyger first called 911, she was not seen in the subsequent bodycam video helping Jean.
    • Earbuds were found next to Jean, suggesting he may have had them on at the time.
    • Guyger has previously told investigators she saw a "large silhouette" in the dark apartment. The bodycam video showed that Jean's TV and laptop were on that night, emitting light.
    • Guyger's toxicology reports taken on the night of the shooting came back negative for drugs or alcohol, a detective testified.
    • A detective who tested both Guyger's and Jean's key fobs to enter his apartment found Guyger's key made the lock flash red, meaning it didn't work, while Jean's key made the lock flash green.




    https://www.nbcnews.com/news/us-news/texts-between-amber-guyger-dallas-police-partner-revealed-murder-trial-n1058051


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    Quote Originally Posted by Cinnabar View Post
    From what I can recall, there was some type of spat/issue or something or other about noise.



    If you care to take the time to search it out, there are no shortages of online articles which discuss inconsistencies in the story.
    Something about she heard noises in the apartment before she entered. And police procedure is to not enter and call for backup ... or so I heard.
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