12.16.2019

Random Monday Morning Thoughts



  • Let me go back to the "No Defense Defense" case in the Lottery/Sexual Assault Case in Wichita Falls. Remember when I said I thought this had occurred before out of Collin County? A faithful reading lawyer from Abilene pointed out that not only did it occur but the case actually went to the Court of Criminal Appeals. So what happened with it?
    • Calling the case "rare", the court reversed the conviction and ordered a new trial.
    • But it was a 5-4 decision.
    • That case involved a DWI prosecution  where the defendant was convicted and received an 18 months probation. That attorney still appealed claiming the defendant was only convicted because of his ineffective assistance of refusing to do anything and he swore/asserted/promised he sat silent because he wasn't ready for trial. Did the court believe him?
    • But wouldn't a reversal of the conviction just encourage other lawyers to do the same thing? The court didn't thinks so. Future lawyers (1) could be punished by the State Bar, (2) they could get sued, (3) the trial court could hold them in contempt
    • Did the DWI lawyer suffer any consequences in that case?
    • So what happens out of Wichita Falls? Will it be reversed, too? I have no idea. If not, are we OK with just affirming a life sentence in situations like this? But what can the appellate court say on appeal when the  lawyer argues, "Hey, I was in the exact same position as that Collin County DWI lawyer, and I did the same thing he did. You took that lawyer 'at his word' so what about me? Is my word less valuable? Why not?"
  • Any chance he gets a spot with Hannity/Levin/Limbaugh to discuss how the liberal media doesn't understand Federalism, States' rights, and the 10th Amendment?
  • Naval cadets on ESPN's GameDay flashed the White Power symbol.  (Video.)  In response, "U. S. Naval Academy officials have appointed a preliminary inquiry officer to conduct an internal investigation into the hand gestures . . . . " (And, no, it's not a "punch me game" played by kids.  And any cadet who is so dumb to not know it's a racist symbol doesn't deserve to be in the Academy. Spoiler alert: They aren't that dumb.)
  • Trump was especially grumpy this weekend when a new Fox News poll showed that 54% of the public wants him impeached. 
  • I told you he was grumpy. 
    #BeBest

    Flashback
  • This is a case out of San Antonio. It's pretty wild. 
  • In other true crime, I began reading this 2017 book this weekend. I had always heard about the Austin Yogurt murders but never got into the detail about it. Murder. Arson. DNA. Sloppy police work. Bodies arranged. Bad memories. False convictions. A continuing mystery to this day. 
  • Mac Thornberry, the Congressman who represents a portion of Wise County in a district which is bigger than many states, announced a couple of months back he wouldn't seek re-election. Did a couple of people file to take his place? Yep. More than a few:

  • OAN is getting to the bottom of this Ukraine controversy by swearing in some Ukrainians on TV. Really.
  • And Rudy was also there! Russia was so impressed that they replayed the OAN segment on their State TV. And Trump wonders why most of America wants him impeached.
  • The Hallmark Channel has announced that it's sorry it pulled a commercial showing a wedding of two women and has reinstated it.  You can see the commercial here. (NSFW!: I'm not sure, but it might be as graphic as a Stormy Daniels' tape.)  And Merry Christmas to Zola who received the biggest gift  this season that any advertiser could hope for. 
  • If you bet on Redskins to cover or the Under in Falcons/49ers, you lost on two crazy last plays of the game -- scores which were otherwise meaningless.  The Eagles, who were already winning, scored on a fumble on the last play of the game to win by 37-27 when the line was Redskins +6.5. (Video.)  And the Falcons, who were also already winning, recovered a fumble in the end zone on the last play of the game, a kickoff, to win 29-22 when the Over/Under line was 49.5. (Video)
  • Messenger: Above The Fold (Side note: They've been slow getting their Update up every morning the last few days.)


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