Homicide

Appeals court finds Texas 'stand your ground' conviction result of unfair trial

FILE - In this June 27, 2012, file photo, Raul Rodriguez looks at the Danaher family and friends after hearing victim impact statements in the 178th State District Court at the Harris County Criminal Justice Center in Houston. A Texas appeals court has ruled Thursday, Dec. 18, 2014, that Rodriguez, convicted of murder after jurors rejected his "stand your ground" self-defense claim, didn't get a fair trial and deserves a new one.  (AP Photo/Houston Chronicle, Mayra Beltran, File)

FILE - In this June 27, 2012, file photo, Raul Rodriguez looks at the Danaher family and friends after hearing victim impact statements in the 178th State District Court at the Harris County Criminal Justice Center in Houston. A Texas appeals court has ruled Thursday, Dec. 18, 2014, that Rodriguez, convicted of murder after jurors rejected his "stand your ground" self-defense claim, didn't get a fair trial and deserves a new one. (AP Photo/Houston Chronicle, Mayra Beltran, File)  (The Associated Press)

A Texas appeals court says a 49-year-old man who was convicted of murder after jurors rejected his "stand your ground" self-defense claim didn't get a fair trial and deserves a new one.

Raul Rodriguez was sentenced to 40 years in prison for the 2010 slaying of a 36-year-old man during an argument over loud music in a rural Harris County neighborhood northeast of Houston.

The 1st Texas Court of Appeals ruled Thursday that the instructions given to the jury in Rodriguez's 2012 trial, before deliberations, were too confusing.

Among evidence at the trial was a video, made by Rodriguez, of the confrontation he had with Kelly Danaher and how he kept repeating he feared for his life before the dispute culminated with Danaher's fatal shooting.