I would like to know the address. Seriously.
(And I've been incorrectly referring to the book as An Innocent Man.)
Uh, the problem is that both DWIs were misdemeanors and you don't need a grand jury's approval to prosecute a misdemeanor.
Story.
(Thanks for the text, Thomas)
The Fort Worth Court of Appeals issued an opinion late yesterday regarding a medical malpractice lawsuit against Wise Regional Health Systems f/k/a Decatur Community Hospital. Since the opinion doesn't use the word "indictment" in it, it's a little hard for me to follow.
But the issue appears to be whether the Plaintiff has made allegations that allow the hospital and employees to be sued even though they are normally protected by sovereign immunity. Which gives rise to something I didn't know: ""There is no dispute that Appellant Wise Regional . . . constitutes a governmental entity."
The hospital is a governmental entity? Really? I can't believe I didn't know that.
Insomnia curing opinion is here. (pdf)
I was half heartedly watching the NFL Channel last night when I looked up and saw the end of the Tampa Bay / Chicago replay where Bucs' kicker Matt Bryant won the game on a field goal.
One of the few Baylor players in the NFL, I had almost forgotten about Bryant.
And then this news strikes this morning. The pain that some people have to endure.
An emailer says that the guy arrested in this story used to be the pastor at the First United Methodist Church in Boyd.
And didn't I make a random observation about Royse City in yesterday's Random Thoughts?
At least we're getting a little support:
LETTERMAN: Now what about Sarah.. the governor of Alaska, Sarah Palin? Now that was sort of a surprise.
ROCK: [In his fast talking and excited voice:] That is unbelievable! Have you been to Alaska, Dave?
LETTERMAN: No, I've never been...
ROCK: It's like The Road Warrior with snow.
LETTERMAN: Really. It's bleak, a little?
ROCK: It's crazy up there, man. Insane. And she's shooting mooses, and she's got the moose, holding a dead, bloody moose. Michael Vick's like, 'Why am I in jail?'
LETTERMAN: Exactly.
ROCK: What the hell? You let a white lady shoot a moose. Black man want to kill a dog, that's a crime.
The text of the $700 billion government bailout bill is relatively short, very clear, and absolutely jaw dropping. In essence, it gives Secretary of the Treasury the authority to buy whatever mortgage loans he wants from banks across the nation and, heck, maybe even get pretty creative.
Proof:
Sec. 2(b) Necessary Actions.--The Secretary is authorized to take such actions as the Secretary deems necessary to carry out the authorities in this Act,And what if he does something absolutely stupid or wants to bail out banks with whom he has past personal or business relationships? Get ready for the shocker:
Sec. 8. Review.
Decisions by the Secretary pursuant to the authority of this Act are non-reviewable and committed to agency discretion, and may not be reviewed by any court of law or any administrative agency.
I've never seen anything like what our federal government is doing right now. They are giving our money away and telling us to our face that there is nothing we can do to challenge it. And it's a bi-partisan slap in the face with a Republican president and a Democratic congress.
Land of the free? Sheesh. We're slaves to a federal entity that abuses us and does not fear us. Not exactly the cornerstone of a great nation.
(Credit: Houston lawyer Mark Bennett.)
Wise County is scaring me a little bit.
I have had discussions with some of the prosecutors about their desire to require SCRAM devices as a condition of probation in some selected cases. Those devices are not-so-little ankle bracelets that detect alcohol intake and record it. Each night the defendant plugs the device into a modem and the daily readings are sent off to Big Brother.
In some cases, I'll admit, this might make sense. As one prosecutor correctly noted, a guy who gets two or more DWIs would not be a "criminal" if we could separate him from alcohol.
But then I got a call from an old client who had been arrested for DWI. Frankly, it was his second arrest for such an offense. But imagine my surprise when he told me that the SCRAM device had been ordered as a condition of his bond. Understand what that means: Before the case is even filed in court, he is required to install the device on his ankle. (The statutes allow for an interlock device to be imposed as a condition of bond for DWI-2nd or greater but they say nothing about SCRAM devices.)
Some of you hardliners might be saying, "Good! If I had my way I'd keep him locked up until his trial." (That due process thing can get in the way sometimes.)
But here's the kicker, when my client got to the jail he agreed to blow into the Intoxilyzer. He didn't think he was drunk, and he was right. I saw the paperwork: The results came in less than .08. But that didn't stop a Justice of the Peace from imposing the SCRAM device as a condition of his bond. And click on that image to discover the cost. Incredible.
And, oddly, this site say's the Messenger's URL doesn't exist - which can't be right.
Anybody else see the commercial for the movie Quarantine that was shown during the Cowboy game last night? Seemed a bit too intense for prime time football.