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You may remember this kid, 17, who is accused of Capital Murder in Parker County of his mom and sister. It sounds pretty cold-blooded.
But his lawyers were in court today arguing that the indictment should be quashed because if he were to be found guilty of the charged offense there are only two possible punishments under Texas law: (1) death or (2) live without parole. However, the U.S. Supreme Court has recently held that it is cruel and unusual punishment for either of those sentences to imposed on a minor defendant. So the lawyers argued he was charged with a crime that he can't be punished for.
33 comments:
let him go!!!!
this country sucks! big time.
Now that's pretty slick!
He's 17 and surely can stand trial as an adult. That would moot any of that defense.
"I turned 21 in prison, doing life without parole, no one could steer me right and momma died, momma died."
I can understand you're admiration for the defense but at the same time I hope that you don't truly believe he deserves anything other than one of those two punishments. He can never been allowed to reenter society.
Loop holes come in pretty handy after you've killed your relatives.
BTW-how would a fellar go about findin out more about these Loop holes if a fellar was kinda innerstid in'em.
3:48, because he is 17 this applies. In Texas he is considered an adult in criminal court. But the supremes have ruled he can't be sentenced to death or life without parole as a minor. He can't be tried in juvenile court because he is 17.
I suspect the answer will be he is an adult under Texas law and the court ruling does not apply.
3:51: Momma tried. Momma tried.
Remember kids, any lawyer can win on the facts. It takes a great lawyer to win on a technicality.
/does this include minors who are certified as adults?
momma tried not died
Let me guess......... it was the brilliance of attorneys that constructed such a dilemma. Possibly so they could apply their billing rates such that the dilemma could then be unraveled.
If you hired a general contractor to build you a house and he did, in fact, do so BUT he did not include any entry doors or windows......... would you pay him for the job?
If you did choose to pay him for the job, would you then pay him again to go back in and put windows/doors?
I say we just turn him loose, sounds like he poses no threat to society. If the punishment don't fit we must acquit!!!
DF Johnny Cochran
He can be charged with murder but not capital murder because he is 17. The DA in Parker County knows this and the kids on family wants the DA to just charge him with a lawful charge and then prosecute him. It is the Parker County DA playing politics and making the thing more complicated than it has to be. The kid is going to the pen for sure, it is just a politician trying to bag headlines.
Lawyers need to be rounded up and thinned out! The whole country is controlled by folks that twist words around to fit whatever they want to happen and they pay lawyers to do it. Seems to there are too many of them at this point in time and they should be thinned out of the herd period.
Lawyers suck!!
Perry Mason.
Lawyers are great. Now kids can kill their parents and not be charged. Another brick in the road to hell.
How does that old joke go? A kid murders his parents and then pleads for leniency because he is now an orphan? Somthin like that.
If there's no statute of limitations for murder, why not just wait him out and re-file the indictment against an 18 year old adult?
You dorks. He killed his mother. Hence momma died, momma died.
DF The Hag
Just wait till he's 18, then fry him.
Everybody hates lawyers until they need one. I haven't needed one yet but I'm nice to the lawyers I know just in case......
This is the south and we all know its "mama tried"...
Yankee dumbass.
7:36
the dude did a twist on the song 'momma tried' and you were so numb in the brain you didnt get it! haha
sho are you 7:36? tell us so we can laugh and scoff at you. hahaha
funny, yankee DA
Thanks, 6:41! Thought I was the only one who got it.
Why do you say you feel "trapped" in a man's body.
Well, sometimes I get them menstrual cramps real hard.
7:36 People like you give the south a bad name. You Sir are a dumbass. He knows it's mama tried,
he just changed the words because he killed his mama. You get it or would you like for me to draw you a picture you dumbass.
Folks, under Texas law, you turn an ADULT for trial purposes when you commit a crime after your 17th birthday. No "certifying to be tried as an adult" necessary. However, the Supreme Court has ruled that these two punishments cannot be meted out to someone who committed them when under 18 (regardless of a State's "juvenile" or "adult" criminal definition).
Nobody is "walking free", he'll just be indicted/tried for "regular" first degree felony murder, with a possible punishment range from 5 to 99 years or life (with parole allowed). Depending on the crime's facts (premeditation or not), there might also be an issue of it being punished under a lower grade (if it was committed under a "sudden passion" where the punishment range is 2-20 years).
Perhaps I am mistaken, but I thought that the ruling was that a person under 18 could not be sentenced to death or life without parole UNLESS a special sentencing hearing was first conducted to consider whether certain listed 'special circumstances' applied and were properly weighed in determining that sentence; and that if the 'special circumstances' were to be found not to apply, then the conviction would simply be reduced to "murder", and an appropriate sentence imposed. Am I mistaken about this?
8:31. People like you furthermore ruin the reputation of the southern population because you have a dull, dry, irrational sense of humor and fail to understand how SARCASM works. Keep on drinking your sweet tea and pretending you belong to an intelligent class of the human race.
Sincerely,
7:36
PS you're a dumbass
8:31. I bet you're the type that hunts his "wildlife" inside a high fence and refer to yourself as an "outdoorsman".
Sincerely again,
7:36
Ps. You're a Yankee snob filthy dumbass
"Well, double dumbass on you."
9:40, you ARE mistaken. The Supreme Court says it is cruel and unusual punishment to sentence anyone under 18 years of age to either death or life without parole. It doesn't matter what Texas defines as a juvenile. The Supremacy Clause of the US Constitution says sorry Texas the feds say you can't do it. But it's not as complicated as some of you are making it. The district attorney can always prosecute the lesser included offense of murder at trial. That is an option in every criminal case tried in Texas. So all the DA has to do is announce to the court at the beginning of the trial that he is trying the lesser included offense of murder rather than the indicted offense. The DA will have no choice but to do that because even if the legislature comes back and adds a new punishment for capital murder by a 17 year old, it cannot be applied to a crime that happened prior to the law being passed. That would be called an Ex Poste Facto law. Another one of those pesky united states constitutional rights that states aren't at liberty to violate. Do any of you idiots understand this now?
Too bad that murdered children don't enjoy the same protection from cruel and unusual punishment. Only their killers do, I guess.
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