Christopher Hess Trial Day 5 - Charge Conference

TL;DR

A comprehensive analysis of various legal arguments and requests made during a court case.

Transcript

mr. Fishburne we request parent danger be included in a charge because it is on this jurisdiction and pardons are going to be able to argue whether it was reasonable to apprehend the danger and the jury needs to know about that okay and mr. Glen judge the language of danger proposed by mr. Fishburne is not the law under the Penal Code the the case ... Read More

Key Insights

• 💀 There is a dispute over whether a charge related to apparent danger should be included in the case, with the defense arguing for its inclusion and the state objecting.
• 🈂️ The defense requests the exclusion of the mental state of reckless from the jury charge, stating that the defendant's actions were justified and not reckless.
• 🖤 The state argues against including self-defense as a charge, citing a lack of evidence to support that the defendant believed deadly force was being used against him.

Questions & Answers

Q: Why does the defense argue for a charge related to apparent danger?

The defense believes that the charge allows the jury to consider the reasonableness of apprehending danger and whether the defendant's actions were justified in the given circumstances.

Q: What is the state's objection to including self-defense as a charge?

The state argues that there is no evidence to support that the defendant believed deadly force was being used against him, which is a necessary element for self-defense to be considered.

Q: Why does the defense request the exclusion of the mental state of reckless from the jury charge?

The defense argues that the defendant's actions were not reckless but instead justified, citing that he shot in response to a threat that was stopped and hit his target multiple times.

Q: What is the disagreement about whether an arrest was being made?

The state argues that there is no evidence to support that the defendant believed he was making an arrest, while the defense believes that the defendant perceived the threatening conduct of the car and believed an arrest was justified.

Summary & Key Takeaways

• The defense argues that a charge related to apparent danger should be included in the case, as it is within the jurisdiction and allows the jury to consider the reasonableness of apprehending danger.

• The defense requests the exclusion of the mental state of reckless from the jury charge, stating that the defendant's actions were not reckless but instead justified.

• The state argues against including self-defense as a charge, stating that there is no evidence to support that the defendant believed deadly force was being used against him.

• There is a disagreement on whether the defendant believed he was making an arrest and whether the use of deadly force was justified in that context.