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Texas Criminally Charges Bartender With “Overserving” Customer Involved in Deadly Crash

JonathanTurley

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.

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Texas Man Invokes “Stand Your Ground” Law After Being Charged For Shooting Man In Parked Car

JonathanTurley

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.

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“I’m Glad this is on Video, I’m Very Glad:” Texas Shooting Raises Difficult Questions Under Texas Self-Defense Law

JonathanTurley

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.

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The long conference’s relists

SCOTUSBlog

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.

Court 113
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Tree Cutting Dispute Leads to Murder Charges in Florida

JonathanTurley

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.

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University of South Carolina Student Killed in Possible Castle Doctrine Case

JonathanTurley

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.

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Court Rules Air Force Is More At Fault For Mass Shooting Than The Shooter

JonathanTurley

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.