Loun v. State

273 S.W.3d 406 (2008)

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Loun v. State

Texas Court of Appeals
273 S.W.3d 406 (2008)

KL

Facts

Michael Alan Loun (defendant) was in his home with his girlfriend and several other people when Jack Edward LaPelley knocked on the door. LaPelley was intoxicated and wanted to see his girlfriend, who was in the home. Loun’s girlfriend refused LaPelley entry because LaPelley had a history of physically abusing his girlfriend. LaPelley forced his way into the home. At this point, Loun got involved, loading his firearm and ordering LaPelley to leave. Loun was a former sergeant with the United States Army and had been trained in hand-to-hand combat. Loun aimed the gun at LaPelley, and LaPelley stepped toward Loun and tried to slap the gun out of his hand. After Loun regained his balance, he shot LaPelley three times in quick succession. LaPelley died, and Loun was tried for murder while under the immediate influence of sudden passion. Loun claimed he shot LaPelley in self-defense. Loun’s first trial ended in a hung jury. The second trial ended in a guilty verdict but a hung jury on punishment. The third trial on punishment assessed a sentence of 10 years. Loun appealed both the guilty verdict and his punishment, claiming that he shot LaPelley in self-defense.

Rule of Law

Issue

Holding and Reasoning (Mosley, J.)

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