tag:blogger.com,1999:blog-8597101.post4233515801234664691..comments2024-03-25T20:06:39.794-05:00Comments on Grits for Breakfast: Judge ruled Abbott exceeded his authority on executive order limiting personal bonds, but the fight's not overGritsforbreakfasthttp://www.blogger.com/profile/10152152869466958902noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-8597101.post-13288076115728682412020-04-14T07:32:25.539-05:002020-04-14T07:32:25.539-05:00The TCDLA/plaintiff's and their amici — the Na...The TCDLA/plaintiff's and their amici — the National Association of Criminal Defense Lawyers (NACL) — have filed responsive briefs in the State's mandamus appeal in SCOTX. The standing issue that IMO was the most problematic for TCDLA/plaintiffs is well handled. The TCDLA/Plaintiffs write at pg. 6 of their Brief: "Absent a TRO, GA-13 [Gov. Abbott's Ex Order] will thwart judges’ constitutional and statutory authority to issue personal bonds for certain classes of people. The judges are now caught between fulfilling their obligations to decide bail in individual cases as prescribed by the Constitution and Legislature, or obeying GA-13." <br /><br />This is going to be an interesting call given the current make-up of SCOTX. <br /><br />Three of the SCOTX Justices — Blacklock, Busby and Bland — were appointed by Gov. Abbott. Busby has a viable Dem opponent in the November 2020 general election, Justice Gisela Triana, currently on the Third Court of Appeals in Austin. Justice Blacklock was not only appointed by Gov. Abbott in 2018, but worked for Abbott as General Counsel. Blacklock also previously worked for Abbott when Abbott was Texas Attorney General. Justice Bland was both a district and court of appeals judge before being appointed to SCOTX. While on the COA, she was conservative, but a straight shooter. <br /><br />If I had to bet mother-in-law money on the outcome, it would be on denial of the SoT mandamus. Either way there will be plenty of opinions, concurring and, likely, dissenting. <br /><br />Lane Thibodeauxhttps://www.blogger.com/profile/17433243091582026689noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-14115297415282787352020-04-13T09:34:16.521-05:002020-04-13T09:34:16.521-05:00The Petition for Writ of Mandamus (Petition) and M...The Petition for Writ of Mandamus (Petition) and Motion for Stay (Motion) — a 16 page Petition and 12 page Motion — were likely drafted before the hearing Friday by Judge Livingston. If not, immediately after the hearing given the tenor questions directed at the AG lawyer. The SoT's Motion and Petition were filed at noon on Saturday.<br /><br />Direct appeal to SCOTX makes sense on several for the SoT—bypasses the 3rd CoA where the SoT had less chance of winning. 4 of 6 Justices on the 3rd CoA are Democrats, including Justice Gisela Triana who is the D nominee for SCOTX and running against GOP Justice Brett Busby who was appointed by Governor Abbot in March of 2019. SCOTX would have been asked to accept the case regardless. Better sooner than later was probably in the fore by the SoT. Responsive pleading by TCDLA due by 5:00p today. Just speculation, but expect a fast SCOTX decision, perhaps before end of this week. <br /><br />The biggest issue for TCDLA/plaintiffs was focused on by Judge Livingston toward the end of the hearing — standing to bring the injunctive relief requested. The SoT's argument is that no inmate affected is part of the request for injunctive relief, and thus there is no injury-in-fact. Lane Thibodeauxhttps://www.blogger.com/profile/17433243091582026689noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-65246138236691484322020-04-13T09:33:46.808-05:002020-04-13T09:33:46.808-05:00And I quote the blog as it is written with the pub...<br />And I quote the blog as it is written with the public's well being at hand, not the Governor's interest in the States Cash Cow. This State government has been exposed enough to where the injunction may very well issue. However, Kenny Paxton? Has he ever gone to court for the 3 felony indictments for; <br />"On July 28, 2015, a state grand jury indicted Paxton on three criminal charges: two counts of securities fraud (a first-degree felony) and one count of failing to register with state securities regulators (a third-degree felony)".<br /><br />"Though I'm not a lawyer, when I read the government's response to the petition from the ACLU of Texas, the Fair Defense Project, and the Lawyers Committee for Human Rights, I suspected they would lose on the merits. Frankly, they didn't address most of the plaintiffs' arguments directly, sidestepping them with sweeping overstatements and absurd attacks that, if taken to their logical conclusion, would make Governor Abbott essentially an un-accountable dictator whenever he decided to declare a disaster." P. Ghoshhttps://www.blogger.com/profile/13422426906330665293noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-79039728589563368152020-04-12T13:51:08.746-05:002020-04-12T13:51:08.746-05:00In my opinion: Judge Livingston and the Texas Sup...In my opinion: Judge Livingston and the Texas Supreme Court are incompetent for Texas. They do not Honor the Texas Constitution or the sovereign people of Texas, past results have proven this point. Texas is a great country and should be respected. Texas people have land rights that most States do not have if we can keep politicians from selling Texas out. The Courts should not be back logged if doing their job for the people and the Texas Supreme Court should not be able to deny a Texas Sovereign their day to be heard. Trial Courts are not always honest as with Trial Court Lawyers. I personally am disappointed in Texas leadership when the Office of Governor fails to uphold and respect the Official Documents of previous Governors that were signed and sealed documents. Why do the people not have a Court seperate from CORPORATION COURTS?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-23767747530238198592020-04-12T08:47:31.247-05:002020-04-12T08:47:31.247-05:00I've already seen daily documented conditions ...I've already seen daily documented conditions (ie. inhumane conditions) inmates are experiencing before the virus. The virus will ravage the jails including the inmates and guards. The jails will be at risk of inmates harmed by the time the guards either refuse to maintain security or enter areas. And I'm really curious how it is possible after a month of lockdown with no visitors, how the hell is the drug problem much much worse right now? (I've already known the answer for years reading the detailed journals I have from the inside). The State and TDCJ are squarely and solely liable for the well-being of the inmates. They won't be able to get thru this with fake inspections and made up reporting. I challenge everyone to write any political figure you can, all the way up to AG Barr and President Trump...not just to save lives during this pandemic but to expose the horrid conditions that is 'the norm' within TDCJ. Not all guard and TDCJ officials are bad, but many are and the good-spirited ones apparently turn a blind eye. Inmates are scared to report due to the retribution that will be passed down to them a month after reporting so that it just looks like it is the inmate and nothing to do with what they reported. And where is OSHA and TCEQ???Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-30943526437872042982020-04-12T08:18:19.314-05:002020-04-12T08:18:19.314-05:00This public health crisis is addressing the call f...This public health crisis is addressing the call for a revised set of values in criminal justice, improving the effective administration of justice and with reintegration as a goal will minimize the need for incarceration, save jurisdictions money, and enhance community health and safety. Les Smithnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-63945875769534742232020-04-11T21:26:04.657-05:002020-04-11T21:26:04.657-05:00Isn't Paxton out on bail at the moment?Isn't Paxton out on bail at the moment?Leenoreply@blogger.com