tag:blogger.com,1999:blog-8597101.post116552552994166736..comments2024-03-25T20:06:39.794-05:00Comments on Grits for Breakfast: Travis prosecutors will vet cases 24-7Gritsforbreakfasthttp://www.blogger.com/profile/10152152869466958902noreply@blogger.comBlogger10125tag:blogger.com,1999:blog-8597101.post-14029331363831626402010-01-17T22:07:46.531-06:002010-01-17T22:07:46.531-06:00Gritsforbreakfast said...
9:01, they still ha...Gritsforbreakfast said...<br /><br /> 9:01, they still have qualified immunity for those activities. That's the same as police officers, and they still do their jobs.<br /><br /> Why should a prosecutor have MORE immunity for wrongly advising an officer than the officer has for following their advice? That makes no sense.<br /><br /> FWIW, when the Obama Administration took the same position recently I derided them for espousing a "doctrine of prosecutorial exceptionalism." Qualified immunity supplies plenty of protection for all but egregious misconduct.<br /><br /> 1/17/2010 10:08:00 AM<br />------------------------------<br />BECAUSE Grits, it's not about facts or the truth it's about whatever BS the state THINKS they can prove in one of our kangaroo courts. You know better Scott.Hook Em Hornshttps://www.blogger.com/profile/04660612847019528535noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-6091009847204931892010-01-17T22:05:51.135-06:002010-01-17T22:05:51.135-06:00In other words, a DA will be on duty 24/7, if nece...In other words, a DA will be on duty 24/7, if necessary, to spit-shine a turd. Dont expect an end to sloppy, lazy law enforcement, just expect the lies to become more concise and believable for the judge.<br /><br />Ad to retired LE > Texas doesnt give a SHIT about probable cause and wont as long as the Wig is Governor.Hook Em Hornshttps://www.blogger.com/profile/04660612847019528535noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-12750560540707858802010-01-17T21:06:30.284-06:002010-01-17T21:06:30.284-06:00I am all for having prosecutors easily accessible ...I am all for having prosecutors easily accessible to the Austin Police Department and keeping people out of jail who shouldn't be there. I do think that the prosecutors should get overtime, however, because this does seem to go beyond the call of duty. I am sure they are already overworked.Kimberly Houserhttp://www.kimberlyhouser.wordpress.comnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-22833572336205987192010-01-17T18:38:14.148-06:002010-01-17T18:38:14.148-06:00"Travis County District Attorney Rosemary Leh..."Travis County District Attorney Rosemary Lehmberg said today that she would soon assign a prosecutor to work overnight with police to evaluate new arrests and ferret-out any that are not legally and factually sufficient."<br /><br />"Legally and factually sufficient",terms for "probable cause."<br /><br />I was always under the impression that determination of probable cause lies within the magistrates authority and not a prosecuting attorney.<br /><br />Does a prosecuting attorney have the authority to order the release of an arrested indivudual? Again, I was under the impression the sheriff of the county is responsible for the custody of those brought to jail and that he is not to release any individual until so ordered by a magistrate or the defendant makes bail.<br /><br />If anything, during the initial appearance before the magistrate, a prosecutor sghould be available for the probable cause hearing and at that time could recommend to the court the charges be dropped or dismissed due lack of insufficient evidence or any other reason they voice, but the final determination as to whether probable cause existed for the arrest, is the responsibility of the magistrate.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-82731268259315630702010-01-17T10:08:59.636-06:002010-01-17T10:08:59.636-06:009:01, they still have qualified immunity for those...9:01, they still have qualified immunity for those activities. That's the same as police officers, and they still do their jobs.<br /><br />Why should a prosecutor have MORE immunity for wrongly advising an officer than the officer has for following their advice? That makes no sense.<br /><br />FWIW, when the Obama Administration took the same position recently <a href="http://gritsforbreakfast.blogspot.com/2009/11/perverse-position-on-prosecutors.html" rel="nofollow">I derided them</a> for espousing a "doctrine of prosecutorial exceptionalism." Qualified immunity supplies plenty of protection for all but egregious misconduct.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-76856068794313085652010-01-17T09:01:31.440-06:002010-01-17T09:01:31.440-06:00If you really want prosecutors to extend their inf...If you really want prosecutors to extend their influence into this stage of a case, then extend absolute immunity. Many offices are reluctant to provide such advice because the courts (and suing litigants) drag the prosecutor into the mix when alleging mistakes.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-5179960656406111222010-01-16T19:36:02.748-06:002010-01-16T19:36:02.748-06:00Something that all counties should be doing so the...Something that all counties should be doing so they can meet the probable cause standards set out in the Texas CCP at the intitial hearing before the judge who administers the Miranda warnings, detrmines indigency and if a court appointed lawyer is required and setting of bail.<br /><br />This is suppose to be done statewide but is not.<br /><br />Retrired LEAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-3235534994877125212010-01-16T10:18:46.717-06:002010-01-16T10:18:46.717-06:00Williamson County adopted a direct file system sev...Williamson County adopted a direct file system several years ago.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-41285529734774111012010-01-16T10:04:40.158-06:002010-01-16T10:04:40.158-06:00Anything that can lower the cost to taxpayers is p...Anything that can lower the cost to taxpayers is probably something worth trying, but this sentence stood out to me:<br /><br />“For those cases that are patently insufficient that individual shouldn’t be kept in jail.”<br /><br />Says the woman who has fought like hell to prop up the patently insufficient yogurt shop murder cases only dropping the charges when she had no other choice (and still, reportedly, refusing to expand the DNA search to include other possible suspect unrelated to Springsteen and Scott).Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-38423693569113332652010-01-16T08:29:51.271-06:002010-01-16T08:29:51.271-06:00LOL I sent you an email and then found that you ha...LOL I sent you an email and then found that you had already posted this article on the blog.<br /><br />I'm left wondering if there's a list of "minor felonies." If you're a defense attorney like me, that's news you can use.Don Dicksonhttps://www.blogger.com/profile/04216181226322913663noreply@blogger.com