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Coffee Shop
Truck broken into
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<blockquote data-quote="greybeard" data-source="post: 1082183" data-attributes="member: 18945"><p>The part that CB posted was just that which had been amended. The statutes that stood as written were not included in his post, and they apply to personal property and the defense of that property. </p><p>There is another part to Texas PenalCode that covers use of force in regards to protection of property.</p><p><a href="http://law.onecle.com/texas/penal/9.41.00.html" target="_blank">http://law.onecle.com/texas/penal/9.41.00.html</a></p><p></p><p>Read it all:</p><p><a href="http://www.ksat.com/news/Texas-law-allows-residents-to-use-deadly-force/-/478452/18144746/-/nwtsv9/-/index.html" target="_blank">http://www.ksat.com/news/Texas-law-allo ... index.html</a></p><p>It doesn't even have to be YOUR property.</p><p></p><p>Remember Joe Horn? Pasadena Texas resident.. Joe Horn shot and killed 2 burglars as they were exiting his neighbor's UNOCCUPIED house. He was no billed by the grand jury.</p><p></p><p>Covered under <a href="http://law.onecle.com/texas/penal/9.43.00.html" target="_blank">http://law.onecle.com/texas/penal/9.43.00.html</a></p><p></p><p></p><p><a href="http://law.onecle.com/texas/penal/9.42.00.html" target="_blank">http://law.onecle.com/texas/penal/9.42.00.html</a></p><p></p><p></p><p>CB's post covered the most recent amendment that includes protection from civil suit.</p><p></p><p>And, filing a civil suit is one thing--finding a judge that will hear it is another, and even if they do find a judge to accept the case, there is no guarantee in Texas, that it will ever go to jury. In 2004, I was on jury duty in San Angelo, Texas--a civil case involving a non-firearms related workplace injury. The plaintiff had tried for several years to get a judge to hear his case, and just before statute of limitations ran out, he finally did-- in US District court, County of Tom Green Texas. We the jury was seated, and the case began. The plaintiff always goes first. His lawyers presented evidence and testimony for 5 days. At the end of their last witness's testimony, the judge sent us out into our little "waiting room", and in about 30 minutes the judge came in and explained what was happening. In Texas, in a civil suit, if the judge feels the plaintiff has not "proven his case" at the end of his presentation, the judge can dismiss the case without the defendant's attorneys ever having to present their side of the case--and that's exactly what happened.</p></blockquote><p></p>
[QUOTE="greybeard, post: 1082183, member: 18945"] The part that CB posted was just that which had been amended. The statutes that stood as written were not included in his post, and they apply to personal property and the defense of that property. There is another part to Texas PenalCode that covers use of force in regards to protection of property. [url=http://law.onecle.com/texas/penal/9.41.00.html]http://law.onecle.com/texas/penal/9.41.00.html[/url] Read it all: [url=http://www.ksat.com/news/Texas-law-allows-residents-to-use-deadly-force/-/478452/18144746/-/nwtsv9/-/index.html]http://www.ksat.com/news/Texas-law-allo ... index.html[/url] It doesn't even have to be YOUR property. Remember Joe Horn? Pasadena Texas resident.. Joe Horn shot and killed 2 burglars as they were exiting his neighbor's UNOCCUPIED house. He was no billed by the grand jury. Covered under [url=http://law.onecle.com/texas/penal/9.43.00.html]http://law.onecle.com/texas/penal/9.43.00.html[/url] [url=http://law.onecle.com/texas/penal/9.42.00.html]http://law.onecle.com/texas/penal/9.42.00.html[/url] CB's post covered the most recent amendment that includes protection from civil suit. And, filing a civil suit is one thing--finding a judge that will hear it is another, and even if they do find a judge to accept the case, there is no guarantee in Texas, that it will ever go to jury. In 2004, I was on jury duty in San Angelo, Texas--a civil case involving a non-firearms related workplace injury. The plaintiff had tried for several years to get a judge to hear his case, and just before statute of limitations ran out, he finally did-- in US District court, County of Tom Green Texas. We the jury was seated, and the case began. The plaintiff always goes first. His lawyers presented evidence and testimony for 5 days. At the end of their last witness's testimony, the judge sent us out into our little "waiting room", and in about 30 minutes the judge came in and explained what was happening. In Texas, in a civil suit, if the judge feels the plaintiff has not "proven his case" at the end of his presentation, the judge can dismiss the case without the defendant's attorneys ever having to present their side of the case--and that's exactly what happened. [/QUOTE]
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