Wait, wtf? What does that have to do with anything?
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if I'm being extremely generous their (still very fucked up) argument is that a jury would be more likely to believe there was an imminent threat of harm from a "biological male" than a "biological female". They might even be correct with regards to how the information would impact the views of a Tennessee jury.
Still completely fucked and demonstrates a huge part of what's wrong with our judicial system. Everything a jury needs to know about whether a person would reasonably feel in imminent danger can be described without ever mentioning sex or gender.
“Transgender”, “Tennessee”
Say no more….
Hit them again, and harder this time.
trans rights are human rights
A hate crime, then...?
On the one hand a retrial makes sense because not all the facts of the case were presented to the jury.
On the other hand the prior conviction was manslaughter which is crazy lower for six shots and then just going home. Maybe the jury will see this as not only a hate crime, but also escalate to some form of murder charge.
The decision to exclude certain facts is generally made knowingly and carefully. The court, in this case, correctly judged that the average Tennessee jury would be unlikely to rule on the actual legal merits of this case if they knew the victim was trans (or, to the average redneck shit stain from Tennessee, "not actually human").
In court, both sides can submit something as evidence and the other side can object to it. It's then up to the judge to sustain or overrule the objections. The jury is instructed to deliberate only on the items received by the court and any witness testimony, which again can have some answers or questions objected or struck from the record.
If the defense wanted to submit it then, it was objected, then the judge did make the call. However, the defense could also just be incompetent and left it out and decided to appeal based on that fact being left out.
Local LGBTQ+ organizers have said Ward was known as a threat to trans women even before he killed Lee, journalist S. Baum reported for the news blog Erin in the Morning on Thursday. Kayla Gore, executive director of the emergency services nonprofit My Sistah’s House, told Erin in the Morning that Ward had pursued trans women in the past.
Sounds like some other facts ought to be presented to the jury as well if he’s trying to trans panic his way out of murder.
This is Tennessee, and it sounds like the appeal came from the defense, so I expect something lighter, not heavier...
Yes, but it still goes to trial which will require a new jury. It's Memphis which is a city and by nature of random chance for jury selection shouldn't be biased, like what a more rural country would be.
So there still a chance this could be a harsher sentence.
Watch him get a longer sentence anyway lmao
So mote it be.
How was the original trial not for homicide 2?
Because killing a woman barely qualifies as murder in America to begin with.