On December 18 the 1st Texas Court of Appeals ruled that Raul Rodriquez will receive another trial because jurors rejected his “stand your ground” defense in 2012.
The Court believes Rodriquez’s defense may have been rejected because of “confusing” instructions given to the jury in the original trial.
According to the Houston Chronicle, the three-judge panel issued a 39-page ruling, in which they indicated the goal of charging a jury “is not merely to avoid misleading but to lead and prevent confusion.” They said the jury charge in Rodriquez’s trial was not “clear, concise and to the point.”
Rodriquez was sentenced to 40 years “for the May 2010 [shooting] of a 36-year-old man during an argument over loud music in a rural Harris County neighborhood northeast of Houston.” Fox News reports that Rodriquez claimed the deceased–Kelly Danaher–made his fear for his life during the confrontation.
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