Monday, February 27, 2012

Misdemeanors, the Fourth Amendment, courts of inquiry and true love

I've little extra time for much writing today but here are quite a few cool and interesting items Grits would opine about if there were more hours in the day, or fewer duties to occupy them:


dfisher said...

Today I had conversations with both the Guadalupe County and Criminal District Attorneys offices about this court of inquiry, which may not be legal.

The proper venue where the question of a death being accidental or criminal negligent homicide, rest with the Justice of the Peace. Only a JP can conduct an inquest, sign, or amend a death certificate.

If the senior visiting district judge, in his opinion finds the death a criminal negligent homicide, it will not affect the death certificate's accidental finding. So now, how does the DA prosecute the contradiction, determine who is the the expert that will testify at trial under the confrontation clause, or even hope to untangle this mess.

My advise to the county was, file a writ of mandamus to halt this court of inquiry until the case is submitted to Justice of the Peace for a ruling, as to whether there is enough evidence to reopen the inquest.

For this court of inquiry to be legal the judge must be looking at whether the Justice of the Peace failed his legal requirement to conduct an inquest, or allowed his office to be influenced by politics. If either is determined, then the senior visiting judge can order the JP to amend the death certificate to reflect the death as a criminal negligent homicide.

See 6-1-2009 AG Opinion GA-0718

Anonymous said...

Covington TX, Hill Country = creepy.

I bet Covington isn't all that special, however good on the folks for speaking out about it.

Banana Republic comes to mind. I think there is just as much corruption/official crime north of the Rio Grande, but gringos are not so obvious about it.

The government has become so powerful, they often now commit official crimes with impunity.

It is hard to build a house of cards when you get sloppy.