blank'/> Liberally Lean From The Land Of Dairy Queen: Meet Mr. Lucky

8.27.2010

Meet Mr. Lucky



He gets two life sentences for Aggravated Kidnapping out of Denton County even though the victim died during trial and wasn't able to testify.  No problem. The State admitted the victim's deposition testimony (and depositions are odd in criminal cases and are rarely allowed, but the judge let it happen in this case because the victim was gravely ill.)

Oops. The State took the deposition even though the Defendant couldn't be present because the Feds had scooped him up from the Denton County Jail in the middle of the night. (Federal government is out of control.)

That's a problem so says the Fort Worth Court of Appeals in an opinion released this morning. (PDF file). That little "Confrontation Clause" means he should have been allowed to be at the deposition. Convictions reversed.

Note: He had a ton of prior convictions according to this background story and at least one of them was from Wise County.

(The guy might not be lucky at all. I have no idea if the Feds pursued charges and I have no idea if there is sufficient evidence to retry him.)

8 comments:

Anonymous said...

Wonder if the family of the victim likes to hunt.

mzchief said...

He may be Mr. Lucky but the rest of society is screwed because there is a convicted kidnapper walking free. Just more proof that the federal government is F'd up. More evidence, the 30% of the US population, who believe the federal government has all the answers, is f'd up and partly responsible for f'ing up the US.

When are people going to learn, rarely is anything made better by the US federal government being in charge?

Anonymous said...

Preach on, mzchief--that guy is a POS (or POC if you prefer the term "crap").

Anonymous said...

Criminals smell funny.

Anonymous said...

11:20 Do you mean they don't use their noses? You're right, that IS odd.

Double Fake Atticus Finch said...

You make the rules/laws, you follow the rules/laws. It's sad there are so many rules/laws that none of us can be assured of following all of them, all of the time. That especially goes for the tax rules/laws. None of us are not guilty at any one time or another, (we're all guilty of breaking rules/laws),I'll bet. The only rule I really try to follow is The Golden Rule. What about all you other rubes? I am an advocate of the "they needed killlin'" rule/law, at certain times, with proper evidence. Good grief, I made my own head spin with that one.

Anonymous said...

Have you ever smelled a new Banjo just outta the box? Well criminals don't smell as good.

Anonymous said...

From the look of his record it don't look like he really minds prison sex.