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Sylvia Gonzalez, a newly elected Texas city council member elected on an anti-corruption platform was arrested after her first meeting for “intentionally … conceal[ing] … a government record,” for allegedly taking a petition her supporters had presented to the mayor seeking the removal of a city manager. Gonzalez v. 26 conference) King v.
There is another tragic case out of Texas involving rivaling claims of self-defense and provocation. The common law protects not just self-defense but mistaken self-defense where a person may have erroneously (but reasonably) thought that he was under attack. The Texas SYG law states in part : Sec.
We have previously discussed “ Castle Doctrine ” and “ Stand Your Ground ” laws. The latest such case comes from Martindale, Texas where Terry Duane Turner, 65, is charged with the first-degree murder of Adil Dghoughi, 31. Dghoughi’s family can also sue in torts. He was trying to leave the scene.
In my torts class, I teach “Dram Shop” cases where bars and restaurants are subject to civil liability for “overserving” customers. Bartenders often complain that the Dram Shop laws expect them to monitor individual customers in what are often busy and crowded bars.
There was a remarkable decision by a Texas federal judge this week when U.S. District Judge Xavier Rodriguez for the Western District of Texas ruled that the Air Force was legally at fault for the 2017 mass shooting in Sutherland Springs, Texas by Devin Patrick Kelley.
The complaint below details how Reed stole a handgun from a pawn shop in Texas and livestreamed himself committing a “drive-by” shooting in which he fired the stolen handgun blindly into buildings as he drove past. However, this is now a defamation action which could present significant challenges based on the elements for the tort.
I teach these cases in my torts class and they raise many of the same issues. Indeed, one of my criticisms of “Castle Doctrine” laws and SYG laws is that the common law already has ample protections for individuals in the use of self-defense. Montana’s law had been invoked in workplace shootings.
These laws are based on an urban legend that people are routinely prosecuted for defending their homes from intruders. The laws have produced perverse results as in the controversial case of Tom Horn in Texas. There is an allowance in torts for mistaken self-defense. A position partially supported by his son.
It is an all-too-familiar pattern that we often discuss in my torts class where people are confused and try to enter the wrong home. Castle doctrine states codified and, in some states, expanded on those common law protections. They have resulted in some highly controversial cases like that of Tom Horn in Texas.
These laws are based on an urban legend that people are routinely prosecuted for defending their homes from intruders. The laws have produced perverse results as in the controversial case of Tom Horn in Texas. In this case, there could be a conventional self-defense claim.
In celebration of Thanksgiving, I give you our annual Turkey Torts of civil and criminal cases that add liability to libations on this special day (with past cases at the bottom). Indeed, the torts and crimes recorded this year seem painfully reminiscent of this loathsome year. For example, in Weirum v. He later confessed.
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