Bad: Man (permit holder), 59, charged in Cordova parking-lot killing - Page 4

Bad: Man (permit holder), 59, charged in Cordova parking-lot killing

This is a discussion on Bad: Man (permit holder), 59, charged in Cordova parking-lot killing within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; 39-13-202. First degree murder. — (a) First degree murder is: (1) A premeditated and intentional killing of another; (2) A killing of another committed in ...

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Thread: Bad: Man (permit holder), 59, charged in Cordova parking-lot killing

  1. #46
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    Question TN Code

    39-13-202. First degree murder. —

    (a) First degree murder is:
    (1) A premeditated and intentional killing of another;
    (2) A killing of another committed in the perpetration of or attempt to perpetrate any first degree murder, act of terrorism, arson, rape, robbery, burglary, theft, kidnapping, aggravated child abuse, aggravated child neglect, rape of a child, aggravated rape of a child or aircraft piracy; or
    (3) A killing of another committed as the result of the unlawful throwing, placing or discharging of a destructive device or bomb.
    (b) No culpable mental state is required for conviction under subdivision (a)(2) or (a)(3), except the intent to commit the enumerated offenses or acts in those subdivisions.
    (c) A person convicted of first degree murder shall be punished by:
    (1) Death;
    (2) Imprisonment for life without possibility of parole; or
    (3) Imprisonment for life.

    (d) As used in subdivision (a)(1), “premeditation” is an act done after the exercise of reflection and judgment. “Premeditation” means that the intent to kill must have been formed prior to the act itself. It is not necessary that the purpose to kill pre-exist in the mind of the accused for any definite period of time. The mental state of the accused at the time the accused allegedly decided to kill must be carefully considered in order to determine whether the accused was sufficiently free from excitement and passion as to be capable of premeditation.
    OK someone from TN, can you drunk enough to not be "capable of premeditation"? How excited and passionate do you need to be to not be "capable of premeditation"?
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  2. #47
    Member Array whyipackmy45's Avatar
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    "...began arguing over how close his GMC Yukon Denali was to her Hummer."

    Maybe the stupid soccer mom shouldn't be driving a Hummer. I can't stand these idiots that think they need to drive these huge vehicles everywhere.

    I'll drive a truck to Home Depot, but not to a restaurant with small parking spots.
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  3. #48
    Member Array Maybejim's Avatar
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    Quote Originally Posted by whyipackmy45 View Post
    "...began arguing over how close his GMC Yukon Denali was to her Hummer."

    Maybe the stupid soccer mom shouldn't be driving a Hummer. I can't stand these idiots that think they need to drive these huge vehicles everywhere.

    I'll drive a truck to Home Depot, but not to a restaurant with small parking spots.[/
    Maybe they shouldn't be playing games with the size of the parking spots. This is a political game. They require businesses to have a certain number of parking spots but will let them meet that number with minuscule spots that don't match the vehicles that use the business. I drive a full size van or a F350 with a camper or my wife's Ford Five Hundred. Why should I have to take 2 parking spots?

    Who are you to tell people what they can or can not or should or should not drive? That's more of what has gotten us big nanny government and less freedom.
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  4. #49
    VIP Member Array Eagleks's Avatar
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    Quote Originally Posted by swaggs View Post
    Seems like 2nd degree is right in that it wasn't really premeditated. Doesn't matter though - it's still stupid and bad, and a detriment to our position.
    Premeditated.. does not require a lot of planning or time ..... if he went to the car for the gun, it can be argued at that point it was premeditated and that he planned to use it.

  5. #50
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    Stupid!!!!!!! Just stupid!!!!!!!!!!!

  6. #51
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    It's not like the guy didn't have a chance to stop and think about what he was doing, drunk or otherwise. He went to the truck, got the gun, stopped long enough to hear words of wisdom that he didn't heed, move the good samaritan outta his line of fire, put the gun in the victim's mouth first, then shoot him after walking a few steps away. He had time to think, that's for sure. Now, the part about "sufficiently free from excitement and passion" is where this greaseball lawyer will get him off any 1st degree convictions.

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