What is your problem? You show up in this thread, finding fault with this, and turn it into shit. What, exacty, is your problem? Do you even know?

What are you, some magician who's going to make this perfect? You would rather he wasn't pardoned? Just what can you do to change things as they now stand?

Can you not find any reason to see this as a good thing? What, you're going to tell all of us how it should really be, and then you're going to make it happen? So, again, I ask you- just what exactly is your problem?

quote:

Originally posted by Flashlightboy:

quote:

Originally posted by parabellum:
Who cares? He shouldn't have been found guilty, and he's being pardoned.

A pardon doesn't restore him to his preconviction status. He's still a convicted person and Abbott pardoning him does not make him untainted or whole again.

I don't know Texas law on this, but in my state a gubernatorial pardon absolutely restores the defendant to pre-conviction status, like the crime and conviction never occurred. Doesn't even stay on the record. Much more complete than a commutation of sentence or expungment of a criminal record.

Where did the justice system fall the rails? How could the justice system be either: 1) so weaponized by literally crazy leftists, 2) so corrupted to wins / convictions over real justice.

What happened to concepts like innocent until proven guilty? Like better an guilty man go free than imprison an innocent one.

Politics, society, culture - whatever. It's all so disappointing now.

I'm very happy that the sergeant is / will be free. He should never have been charged. Shame on that DA. Shame. It's not good enough that he be fired. Or even disbarred. He should be criminally charged and end up in prison with the same sentence he was chasing in this case.

Despicable and horrid person.

quote:

Originally posted by Flashlightboy:
A pardon doesn't restore him to his preconviction status. He's still a convicted person and Abbott pardoning him does not make him untainted or whole again.

In Texas, a full governor pardon will restore rights to the person, including voting, serving on a jury, to hold public office, firearms rights, etc. A pardon, along with expunction of all arrest records can erase the conviction completely.

Of course a pardon restores one's rights and makes it as if the conviction never happened. Isn't that the whole point? After all, the governor isn't simply commuting a sentence here. It's a PARDON.

A governor and, on the federal level, the President can even pardon someone of a crime he hasn't even been charged or convicted of yet. Correct? Exactly.

If Texas were different, then that'd be silly.

quote:

Originally posted by Flashlightboy:

quote:

Originally posted by parabellum:
Who cares? He shouldn't have been found guilty, and he's being pardoned.

A pardon doesn't restore him to his preconviction status. He's still a convicted person and Abbott pardoning him does not make him untainted or whole again.

As governor, Abbot can also restore his rights to firearms ownership and voting- I’m sure it’s in the plan.

quote:

Originally posted by parabellum:
What is your problem? You show up in this thread, finding fault with this, and turn it into shit. What, exacty, is your problem? Do you even know?

What are you, some magician who's going to make this perfect? You would rather he wasn't pardoned? Just what can you do to change things as they now stand?

Can you not find any reason to see this as a good thing? What, you're going to tell all of us how it should really be, and then you're going to make it happen? So, again, I ask you- just what exactly is your problem?

You're confusing my questioning the process as a problem.

Before my first post in this thread people were saying exculpatory evidence was withheld by the DA. If true,that lends to overturning the guilty verdict and possible repercussions for the DA but the defendant would be not guilty. Not guilty is preferred to a pardon.

I'll take the pardon but the governor can't unconvict him and he'll forever be a convicted felon and not every right he had will be restored with a pardon.

Are saying that the pardon is the win and he should be satisfied with it?

quote:

Originally posted by Flashlightboy:
Are saying that the pardon is the win and he should be satisfied with it?

Beats a sharp stick in the eye, no?

quote:

Originally posted by Gustofer:

quote:

Originally posted by Flashlightboy:
Are saying that the pardon is the win and he should be satisfied with it?

Beats a sharp stick in the eye, no?

It does, but I think that FlashLightBoy is saying that it should go further.

Glad to see this terrible outcome be corrected as well as possible, under the circumstances.

Very troubled by the method needed however.
No doubt the leftists in other areas will point to this case as an excuse for similar actions elsewhere where they claim an injustice has been done. I know, they’ve already doing the same thing with slightly different methods.

This is just a breakdown in our legal system and rule of law that won’t end well.

I was hoping that some of out TX attorneys would chime in on the nuances of this move instead of the rest of us “playing lawyer”…

quote:

Originally posted by konata88:
Where did the justice system fall the rails? How could the justice system be either: 1) so weaponized by literally crazy leftists, 2) so corrupted to wins / convictions over real justice.

What happened to concepts like innocent until proven guilty? Like better an guilty man go free than imprison an innocent one.

Politics, society, culture - whatever. It's all so disappointing now.

I'm very happy that the sergeant is / will be free. He should never have been charged. Shame on that DA. Shame. It's not good enough that he be fired. Or even disbarred. He should be criminally charged and end up in prison with the same sentence he was chasing in this case.

Despicable and horrid person.

We have a Legal system, not a Justice system.

Unfortunately, social justice is now considered righteous justice by too many citizens and too many in government. I agree with you that this prosecutor should suffer very severe consequences. He sought to deprive this man of his liberty and ruin his life. By doing so he also caused much distress to the man's family.

quote:

Originally posted by V-Tail:

quote:

Originally posted by Gustofer:

quote:

Originally posted by Flashlightboy:
Are saying that the pardon is the win and he should be satisfied with it?

Beats a sharp stick in the eye, no?

It does, but I think that FlashLightBoy is saying that it should go further.

Yes, but the nonsensical part is the obliviousness of what various people can do:

Gov Abbott - Once he receives a recommendation from the Board of Pardons and Paroles, quickly sign the pardon. He's been proactive on requesting an expedited review by the board. That's the legal limit of what he can do and everything else is is unicorns and fairy tales.

AG Paxton - Investigate the Travis County DA to see if he hid exculpatory evidence or other crimes.

Sgt Perry's attorney - file an appeal on known legal grounds and anything AG Paxton's investigation uncovers

Appeals court - act on a filed appeal and evidence presented. They are the legal entity who can overturn a lower court's conviction. Everything else is unicorns and fairy tales.

Travis County DA - repent and turn your life around you commie piece of shit

---

Ego is the anesthesia that deadens the pain of stupidity

DISCLAIMER: These are the author's own personal views and do not represent the views of the author's employer.

quote:

Originally posted by konata88:
Where did the justice system fall the rails? How could the justice system be either: 1) so weaponized by literally crazy leftists, 2) so corrupted to wins / convictions over real justice.

George Soros. He went on a tear, spending a fortune on getting his district attorneys elected in most of the major Democrat controlled cities, including Austin. Given the recent times, this verdict in Austin should be no surprise really; a Soros DA in NYC indicted a former POTUS on bullshit charges. D.A.s across the country refuse to prosecute blacks who are arrested on felony charges, letting violent criminals back onto the streets. DAs refuse to prosecute violent rioters who burn down police stations, businesses.

At least in Texas, we have a state govt. that is diametrically opposed to the shit in commie Austin. NY, MN, CA, OR, etc. do not have this backup.

quote:

Originally posted by smlsig:
I was hoping that some of out TX attorneys would chime in on the nuances of this move instead of the rest of us “playing lawyer”…

The pardon statute is chapter 48 of the code of criminal procedures, restoration of rights is in 48.05.

https://statutes.capitol.texas.../htm/CR.48.htm#48.01

^^ That's more of a playbook for attorneys whose clients are seeking pardons through the Board than a description of the legal effect of a pardon.

The original question was about gun rights specifically. The Governor can clearly restore the right to own and acquire guns under state law under at least some circumstances, but its unclear to me whether that would affect the Sergeant's status under federal law given the language of 48.05.

It's a pity we don't have more Texas criminal lawyers here. I'm happy to talk about government law (yes, that's a thing), federal water law, municipal ordinances or property law, but those are the fields in which I've been spending my time.

From ATF Form 4473 (5300.9) - Revised December 2022:

Question 21.e: Have you ever been convicted in any court, including a military court, of a felony, or any other crime for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation?

EXCEPTION: A person is not prohibited from receiving or possessing a firearm if that person: (1) has been convicted of any Federal or State offense pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices; (2) has been convicted of a State misdemeanor punishable by imprisonment of two years or less; or (3) following conviction of a felony or other crime for which the judge could have imprisoned the person for more than one year, or a misdemeanor crime of domestic violence, has received a pardon, an expungement or set aside of the conviction, or has lost and regained civil rights (the right to vote, sit on a jury, and hold public office) in the jurisdiction in which the conviction occurred, AND the law of the convicting jurisdiction does not prohibit the person from receiving or possessing firearms.
Also, a person who has no more than one conviction of a misdemeanor crime of domestic violence against an individual in a dating relationship, and is not otherwise prohibited under this chapter, is not prohibited if 5 years have elapsed from conviction or completion of the person’s custodial or supervisory sentence, whichever occurs later, and the person has not subsequently been convicted of any other misdemeanor crime of violence, or any other offense that would disqualify the person under 18 U.S.C. § 922(g). A person subject to any of these exceptions, or who received relief from disabilities under 18 U.S.C. § 925(c), should answer “no” to the applicable question.

There's a lot of stink emitting from the Austin courthouse with this case. Thankfully TX has a governor concerned enough with to take a second look and digging deeper into how this verdict came to be. I didn't follow this case too closely, was Sgt Perry's attorney a public defender or, did he higher outside council?

Here is the affidavit from the lead investigator of this shitshow case.

quote:

Originally posted by Flashlightboy:

quote:

Originally posted by parabellum:
Who cares? He shouldn't have been found guilty, and he's being pardoned.

A pardon doesn't restore him to his preconviction status. He's still a convicted person and Abbott pardoning him does not make him untainted or whole again.

It does restore his gun rights I believe.