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To: TexasGator
She entered a habitation illegally. You do not have to establish Mens Rea AND Actus Reus. For instance, if you enter my habitation by accident and I kill you, I have a justification defense regardless of your mens rea in this state because I may not have time to establish it.

In Texas, murder is committed if you negligently kill someone in the commission of a crime. She committed the crime when she entered his apartment without his consent. Again - it doesn't matter if it is a mistake.

And when you look at the facts of the trial - there are a lot of things here that are really not adding up. Her texts before, her violation of police protocol, her inability to notice the surroundings. LOTS. I have worked a 52-hour shift in a high-stress combat environment. I would not have made that mistake. As she readily admitted in a text she sent to her partner, as the man laid dying on the floor, she "f_cked up."

80 posted on 10/01/2019 12:39:16 PM PDT by NELSON111 (Congress: The Ralph Wolf and Sam Sheepdog s<how. Theater for sheep. My politics determines my "hero")
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To: NELSON111

“She entered a habitation illegally. “

You dont know that.

Besides, trespassing is not a felony.


95 posted on 10/01/2019 1:18:56 PM PDT by TexasGator (Z1z)
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To: NELSON111

“She committed the crime when she entered his apartment without his consent. Again - it doesn’t matter if it is a mistake. “

Cite the statute that entering someone’s abode is a crime.


96 posted on 10/01/2019 1:21:28 PM PDT by TexasGator (Z1z)
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To: NELSON111

” For instance, if you enter my habitation by accident and I kill you, I have a justification defense regardless of your mens rea in this state because I may not have time to establish it.”

If you do you better get a real lawyer. I suggest that if younrally believe that, go talk to some lawyers before you get into serious trouble.


97 posted on 10/01/2019 1:27:29 PM PDT by TexasGator (Z1z)
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