What is Texas' Castle Doctrine and what does it mean in the Amber Guyger case?

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What is Texas' Castle Doctrine and what does it mean in the Amber Guyger case?

"If Guyger has a reasonable belief that she was in her own apartment then the doctrine applies, Schulte said. The state has to disprove that she thought she was in her apartment, he said."
(article quote)

Now, Ms. Guyger was found guilty of murder earlier today, but this article shows a profound problem with Castle doctrine in Texas law, namely that even if you're mistaken about being on your property, you can still claim self defense after shooting the innocent occupant . Is there a sound legal theory that dictates Castle applying even if you're mistaken about being in your own house? It just doesn't make any sense, but hey, I ain't no lawyer.
 

brinny

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What is Texas' Castle Doctrine and what does it mean in the Amber Guyger case?

"If Guyger has a reasonable belief that she was in her own apartment then the doctrine applies, Schulte said. The state has to disprove that she thought she was in her apartment, he said."
(article quote)

Now, Ms. Guyger was found guilty of murder earlier today, but this article shows a profound problem with Castle doctrine in Texas law, namely that even if you're mistaken about being on your property, you can still claim self defense after shooting the innocent occupant . Is there a sound legal theory that dictates Castle applying even if you're mistaken about being in your own house? It just doesn't make any sense, but hey, I ain't no lawyer.

Based on what has been presented by some reports of neighbors, etc. on what was heard before not one, but two shots were fired, from a downward angle into the legal occupant of the dwelling who apparently was lying down when the deadly shots were fired etc., there is no reason to even "begin" to believe that Guyger was "mistaken" about "anything".
 
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redleghunter

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What is Texas' Castle Doctrine and what does it mean in the Amber Guyger case?

"If Guyger has a reasonable belief that she was in her own apartment then the doctrine applies, Schulte said. The state has to disprove that she thought she was in her apartment, he said."
(article quote)

Now, Ms. Guyger was found guilty of murder earlier today, but this article shows a profound problem with Castle doctrine in Texas law, namely that even if you're mistaken about being on your property, you can still claim self defense after shooting the innocent occupant . Is there a sound legal theory that dictates Castle applying even if you're mistaken about being in your own house? It just doesn't make any sense, but hey, I ain't no lawyer.
I think the very fact she was not in her apartment is all the factual evidence they needed. Good Defense attorneys will try anything when the facts are against them.
 
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Yekcidmij

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What is Texas' Castle Doctrine and what does it mean in the Amber Guyger case?

"If Guyger has a reasonable belief that she was in her own apartment then the doctrine applies, Schulte said. The state has to disprove that she thought she was in her apartment, he said."
(article quote)

Now, Ms. Guyger was found guilty of murder earlier today, but this article shows a profound problem with Castle doctrine in Texas law, namely that even if you're mistaken about being on your property, you can still claim self defense after shooting the innocent occupant . Is there a sound legal theory that dictates Castle applying even if you're mistaken about being in your own house? It just doesn't make any sense, but hey, I ain't no lawyer.

I'm not a lawyer, but I don't know of a legal theory where the castle doctrine applies when you're in someone else's "castle." I think the jury got it right - you can't claim self defense due to the fact that you mistakenly barged in someone else's house. It's seems she bears the responsibility for the mistake she made - she can't shift this responsibility to the occupant of the house as if he should have accounted for her mistake and considered the possibility that a person may one day intrude on his house thinking it was their own. That's not a reasonable expectation of people. I don't think it's "reasonable" to use self defense at all in this case as she made a mistake that overrides any self defense claims.

If I were to barge into someone else's house - for whatever reason at all - and they pull a gun on me, but I pull a gun and shoot them first, then I don't think I can claim self defense since I was the intruder. She was the intruder on his property - the reasons for her intrusion seem largely irrelevant as to the facts. You can't mistakenly intrude on someone else's property, shoot them and claim self defense. It was offense by definition - she intruded with a weapon.
 
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HannahT

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What is Texas' Castle Doctrine and what does it mean in the Amber Guyger case?

"If Guyger has a reasonable belief that she was in her own apartment then the doctrine applies, Schulte said. The state has to disprove that she thought she was in her apartment, he said."
(article quote)

Now, Ms. Guyger was found guilty of murder earlier today, but this article shows a profound problem with Castle doctrine in Texas law, namely that even if you're mistaken about being on your property, you can still claim self defense after shooting the innocent occupant . Is there a sound legal theory that dictates Castle applying even if you're mistaken about being in your own house? It just doesn't make any sense, but hey, I ain't no lawyer.

People can claim anything they want to, but you have to show how your claim is relevant.

This case clearly doesn't show the relevance. It wasn't her 'castle' for one. No doubt your going to attack her claim during trial, but asking someone to DISPROVE she felt she was in her apartment? That makes no sense.

Let's look at the first sentence of the article:

On Monday, State District Court Judge Tammy Kemp allowed jurors to consider what's called the "Castle Doctrine" in the murder trial of former Dallas police officer Amber Guyger, who shot and killed 26-year-old unarmed Botham Jean in his apartment after mistaking it for her own.

They were allowed to 'consider'. That doesn't translate to proving she was mistaken about what apartment she was in. I realize the person in the article has their opinion on how they are to prove something, but that clearly isn't very relevant here.

This would start chaos. People could walk into houses any old time,and shoot someone up - then tell the state they have to prove they didn't know it was their house? Nonsense.

This case was pretty cut and dry. Her mistake caused someone their life, and family deserves justice.
 
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RDKirk

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What is Texas' Castle Doctrine and what does it mean in the Amber Guyger case?

"If Guyger has a reasonable belief that she was in her own apartment then the doctrine applies, Schulte said. The state has to disprove that she thought she was in her apartment, he said."
(article quote)

Now, Ms. Guyger was found guilty of murder earlier today, but this article shows a profound problem with Castle doctrine in Texas law, namely that even if you're mistaken about being on your property, you can still claim self defense after shooting the innocent occupant . Is there a sound legal theory that dictates Castle applying even if you're mistaken about being in your own house? It just doesn't make any sense, but hey, I ain't no lawyer.

Texas law has a codicil that considers a reasonable mistake of facts as a mitigation, but that is not actually part of the state's "Castle Doctrine." It's a general legal concept that courts have permitted in a number of different types of cases. The lawyer here tried to apply a general legal consideration to this specific instance.

And the jury can always determine for itself whether the mistake of facts was truly "reasonable" in any case.
 
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Redwingfan9

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What is Texas' Castle Doctrine and what does it mean in the Amber Guyger case?

"If Guyger has a reasonable belief that she was in her own apartment then the doctrine applies, Schulte said. The state has to disprove that she thought she was in her apartment, he said."
(article quote)

Now, Ms. Guyger was found guilty of murder earlier today, but this article shows a profound problem with Castle doctrine in Texas law, namely that even if you're mistaken about being on your property, you can still claim self defense after shooting the innocent occupant . Is there a sound legal theory that dictates Castle applying even if you're mistaken about being in your own house? It just doesn't make any sense, but hey, I ain't no lawyer.
She arguably has an appealable issue now that the trial is over. I'm sure her lawyer moved for a directed verdict at the close of the prosecutor's proofs. If Texas' castle doctrine applies even if the shooter is mistaken about location, she has a shot on appea . That is unless this part of the castle doctrine is judicially created. I can see a state supreme court reversing itself on a matter like this.
 
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