The Campaign For DA

11.04.2015

Random Wednesday Morning Thoughts



  • New contest: Name that location of the RTG!
  • That Godley "let's taze a guy at city hall" case just got crazier. There was a plea bargain on the table for the BS charge of Resisting Arrest but the prosecutor has now "withdrawn" it and set the case for trial. (It sounds like the the defendant finally came to his senses and wouldn't take a plea bargain of probation and the prosecutor got pissy.) Why set it for trial?  Why not dismiss it? That case cannot be won. There is no way the prosecutor has looked up Resisting Arrest in the Penal Code and knows what he has to prove. And to think his job is not to convict but to see that "justice is done".
  • I had my "mind blown" last night when I discovered that in one of my favorite movies, Little Miss Sunshine, that Breaking Bad stars of Bryan Cranston (Walter White) and Dean Norris (Agent Hank Schrader) both make appearances. Here's a quick vine of their characters.
  • I've never seen so many out of town lawyers in the Wise County Courthouse. The current Texas Bar Journal has a feature on the various law schools and added some stats.  Concerning the law school in Fort Worth, it graduated 227 last year with an average school loan of $103,500. In 2014, 20% of them could not find a job by March of 2015 (and that has to be a conservative estimate.) 
  • I finally found the dumbest prosecutor in Texas: District Attorney Stephen Tyler down in Victoria County. He has a "policy" of taking every DWI case to trial and refuses to make any plea bargain even when the defendant wishes to plead guilty. The judges over those cases (I'm assuming they think he is an idiot as well since the policy would crush the docket and cost the county a fortune) went ahead and accepted guilty pleas and imposed sentences without the DA's consent. The judges publicly said that the DA's policy is "nothing more than a sham and a display of pageantry." The DA actually appealed (insert my: "Too many prosecutors" line here as well as the viral video star Sweet Brown's line of, "Ain't nobody got time for that!) An appellate court said, after struggling with some pretty good defense arguments, that a judge cannot legally accept a plea of guilty without the prosecutor's consent. The story, and the opinion, is here. It's a must read for some legal folks.
  • Trump fell out of the lead in the polls but this morning an updated poll shows he is back at the top. Trump!
  • Did you know that the day after Roe v. Wade was decided it wasn't the top headline on the New York Times? Why you ask? LBJ had died. And I had no idea he was only 64 when he died.
  • Every proposition on the Texas state wide ballot passed. Doesn't that almost always happen? Plus, how can you be against lower taxes (Prop 1) and non-toll roll funding (Prop 7)?
  • In Houston, a proposition that would "have banned discrimination based on sexual orientation and gender identity "was voted down. Our Lt. Governor Dan Patrick tweeted, "On the defeat of Houston Prop 1 ..... Men, stay out of women’s locker rooms and restrooms." That's kind of dumbing down the issue. 
  • Hey, Dennis Prager fan: During the same segment I mentioned yesterday, a caller said that the fear of the oceans rising due to global warming is false because when ice melts in a glass of water the level of the water in the glass doesn't rise. Prager said he didn't know if the theory was right but quickly got excited and said that was a very interesting theory!  He then said his wife (third wife, by the way) immediately texted him to tell him there is a huge flaw to the analogy (duh), and he admitted the two were not comparable.
  • Sports: I was wrong about Baylor being out of the top 4 for the first playoff rankings. I said #5 and the are #6. But, man there is about to be some fun in the Big 12: Oklahoma, Oklahoma State, TCU and Baylor all have to play each other. Throw in the possibility of an upset of one of those teams by someone else, and I'm not sure any of them get through the schedule unscathed.
  • Police are urging a boycott of Quentin Tarantino's upcoming movie after he made some comments about police brutality. I have no problem with that. That is their right. I do have a problem with them making these statements while on duty while being paid by the taxpayer. Do it on your own time.
  • Mrs. LL is always playing video games on her phone as does almost everyone else I know does. Get this: Video game maker Activision will buy the company that made 'Candy Crush' $5.9 billion.
  • Ohio voters refused to legalize recreational marijuana. Mark Davis tweeted: "Thank God. #Ohio voters see idiocy of legal pot 65-35. Imperfect  R vs D model, but the weed vote was all Democrat. Ohio winnable in '16." Ummmkay.
  • I called Grace Kelly the most beautiful woman in the history of ever. Here's a picture proving me right from 1954.
  • Below: Kudos to the headline writer who is a fan of Crosby, Stills, Nash and Young. This is brilliant, yet perhaps slightly insensitive, reference to a song and a tragedy. The fact that the first three words are one syllable is what sells it:



69 comments:

Anonymous said...

Steele Island

Anonymous said...

Hey global warming alarmist Barry, the ice cube in a glass theory holds true with polar sea ice.

How many glaciers do you think there are? You really believe that if all the glaciers melted it would raise sea levels enough to have any appreciable impact on humanity?

You listen to Prager a lot more than you let on.

Anonymous said...

While I don't particularly care for the Victoria DA, I can envision reasons for setting all cases for trial. If the judges are all undercutting the State's dwi plea offers to reduce their docket load (thereby their work schedule ), I can see how setting all of these dwi cases for trial might incentivize judges from doing so. The problem with that strategy is that the judge can just order a directed verdict when the State rests in all of those dwi trials.

Anonymous said...

Here are Tarantino's supposedly anti-cop comments:

“I’m a human being with a conscience,” Tarantino told the crowd of about 300 protestors. “And when I see murder, I cannot stand by, and I have to call the murdered the murdered, and I have to call the murderers the murderers.”

that guy said...

Proposition 1 in Houston was a sham from the get go. My morning news routine has been ruined the past couple of weeks with commercials pretending that it was a law designed to protect Veterans. The dug up some chair force quitter (Sr. Airman), slapped a few pictures of him in uniform, and claimed that it would keep him from being discriminated against. Unless he was a chick dressed as a man that law didn't have squat to do with him, although as I type this maybe he was gay......

Anywho, instead of asuaging the fears of opponents and agreeing that penises were best left in mens rooms, they attempted to mislead the public about the bill.

Anise Parker has been limited out of office so hopefully she will ride off into her rainbow colored sunset, and city leaders can go back to conducting actual business - you know, police/fire/road services....

The issue wasn't dumbed down by Patrick, it was a dumb issue to begin with.

Anonymous said...

Most beautiful woman, Elizabeth Taylor.

Anonymous said...

RTG is in Fiji.

Anonymous said...

Water is denser than ice.

Craig said...

She is in Faanui Bay, Bora Bora with Mount Otemanu in the background.

Pow!

Anonymous said...

The Lt. Gov didn't dumb down the issue, it was a stupid issue to begin with.

The past couple of weeks my morning news routine has been interrupted by proponents of the law running commercials claiming that it was there to support Veterans. They found some old chair force hack (Sr. Airman), and had him whining about how he couldn't afford to.... "make a federal case" of him being descriminated against.

One would have to assume it was some kind of SCRA claim. They threw up a few pictures of him in uniform and forced me to stop thinking the Channel 11 weather gal Chita and had me throwing up a bit in my mouth.

That law didn't have anything to do with him, unless he was a mustachioed woman or a homosexual.

Instead of working with opponents and attempting to asuage their fears, they attempted to mislead the public because they knew their law was chit.

Anonymous said...

a judge cannot legally accept a plea of guilty without the prosecutor's consent.

And that's correct. The solution--elect the judge for punishment, let the DA call a jury down and waste their time, continually tell the judge and jury you want to plead guilty, and rest without putting on a case. Then the judge will give you the same sentence you would have gotten, and you get to make the DA look like an ass. Hell, maybe the jury even gets mad and acquits...

Rage

Triple Fake... said...

contest submission: Twin Peaks

Insensitive would be a headline of:
"Prop Dead in Ohio"

Anonymous said...

Goat Island at Lake Worth?

DF Guy Who Doesn't Travel Much

Anonymous said...

That's kind of dumbing down the issue.

It is and it isn't. Mayor Parker, a lesbian, has consistently ignored some very big issues in favor of pressing her agenda. That agenda is directly contrary to what many of the voters want. And let's not forget that more people voted against the measure yesterday than voted for Parker in her last election. It also helped sway the other ballots so much that a couple of people who were at least supposed to be in a runoff for mayor didn't make it at all. It was very poorly timed, but Parker had to press it this time in order for it to be part of her legacy. But the fact is that people in Houston are tired of her ignoring budget, tax, safety and infrastructure issues, and paying for people like Sally Field to come down and press forward on her pro-gay agenda. And that is exactly what it is--it is masked behind the language regarding other classes, like minorities and the elderly, but the measure has one purpose and one purpose only--to allow the creation of a protected class for trans-gender people, even if they are not fully transgendered.

I don't buy into the fear-mongering of Patrick and Abbott, but Parker's deceit and refusal to address real issues that face every Houstonian are what were voted down yesterday. And I'm glad they were.

Anonymous said...

Twin Peaks

Anonymous said...

Bora Bora. Great place.

Anonymous said...

I love the soft balls that Skippy tosses out every once in a while. He asked, "How can you be against lower taxes?" Simple. Be a democrat.

Anonymous said...

As someone already stated, that's Bora Bora.

Anonymous said...

Watch out for those unemployed Wesleyan errr A&M law school grads stealing all your DWI cases!

Triple Fake Law Hawk

Anonymous said...

Lake Arrowhead?

Anonymous said...

Wise County Park!

John said...

Every proposition on the Texas state wide ballot passed. Doesn't that almost always happen? Plus, how can you be against lower taxes (Prop 1) and non-toll roll funding (Prop 7)?

I voted No on both because (Prop 1) the cost of this tax cut is significant. There’s no long-term plan for how Texas will pay back the estimated $1.2 billion in lost money for schools. I don't want to be around a bunch of dumb kids all because I COULD save $126 a year on my property taxes. Ummmkay!

Prop 7 is a solution to a problem created by the legislature’s unwillingness to increase revenue. Instead, this amendment would move existing revenue around, possibly jeopardizing funding for other importation public services like education and healthcare in the future.

No brainer? Nope! We need to think about our kids education!

Anonymous said...

The melting sea ice will actually lower the sea levels drastically and cool the earth. The additional water will put too much pressure on the drain stopper and the water will drain out into the earth's core causing cooler temperatures. It will also flood hell and begin the rapture.

TX textbook author and local deacon.

Andy Stevenson said...

Houston's HERO ordinance was never about equal protection for a very small minority. Rather it is like the gay rights movement as a whole; a campaign funded and facilitated by the liberal elite class to continue to destroy America. The homosexuals are fools if they think they are anything more than pawns in their own destruction. When America falls they will find themselves in the same re-education camps as the conservative intelligentsia.

Bear said...

@ 9:07 Agreed.

About ice melting. I was taught that there is the same amount of water on Earth today as has always been here. So if Texas was once under water, wouldn't it seem plausible that it could some day be under water again?

Katy Anders said...

The Houston ordinance was thoroughly bungled by City Hall, and in particular the mayor's office.

Every step of the way.

She made mistakes before City Council passed the ordinance, she made mistakes with the petitions to repeal the ordinance, and she made huge mistakes with the resulting lawsuit.

By the time it got to a popular vote, the whole idea behind it was so confused in the public's mind that it's amazing that 39% of the people voted for it.

Anonymous said...

I don't see how Prop 1 saves on property taxes. By increasing the homestead exemption, the taxable value of homes goes down. If schools, counties and cities keep the same tax rate, then their tax revenues will go down. In order to make their budgets they will have to increase their tax rates to compensate for the decreased taxable value caused by the increase in the homestead exemption. Doesn't it just amount to a wash with no difference in the end?

Anonymous said...

You can be more than your sexuality Katy. It shouldn't define you.

Anonymous said...

Most Beautiful Woman - Charlize Theron!

Gern Blansten

DF "Racehorse" Haynes said...

Wesleyan Law School---JOKE.

Anonymous said...

She sure is "cheeky" with that swim suit. Is that Turd Island.... here is a thought for you barry,,, agree to do the guys defense for free... you get great press coverage,,, get your name out there as the smartest lawyer... you could be the next gloria allred....

DF greg lowery

Anonymous said...

I went to Wesleyan Law School--- right after I finished up my undergrad @ University of Phoenix. My resume be lookin good. All I gotta do now is start my own blog.

Anonymous said...

LBJ wasn't exactly a health nut.

Anonymous said...

" That Godley "let's taze a guy at city hall" case just got crazier. There was a plea bargain on the table for the BS charge of Resisting Arrest but the prosecutor has now "withdrawn" it and set the case for trial. (It sounds like the the defendant finally came to his senses and wouldn't take a plea bargain of probation and the prosecutor got pissy.) Why set it for trial? Why not dismiss it? That case cannot be won. There is no way the prosecutor has looked up Resisting Arrest in the Penal Code and knows what he has to prove. And to think his job is not to convict but to see that "justice is done"."

So what is a officer expected to do when someone is pulling the arms away etc...? Just stop, walk away, and go back to the station and have a donut?

Look up definition of "resisting"

re·sist
[rəˈzist]
VERB
withstand the action or effect of:

Here is the law for you, since lawyers can not read:

§ 38.03. RESISTING ARREST, SEARCH, OR TRANSPORTATION.
(a) A person commits an offense if he intentionally prevents or obstructs a person he knows is a peace officer or a person acting in a peace officer's presence and at his direction from effecting an arrest, search, or transportation of the actor or another by using force against the peace officer or another.

Then you might want to look up definition of "force"

In physics, a force is any interaction that, when unopposed, will change the motion of an object.[1] In other words, a force can cause an object with mass to change its velocity (which includes to begin moving from a state of rest), i.e., to accelerate. Force can also be described by intuitive concepts such as a push or a pull.

Anonymous said...

RTG is lost on Rattlesnake Island, Bridgeport Lake.

Bear said...

@11:29

The guy was not under arrest. He came to the police station to register a complaint. Do we have to fear for our own safety when we just go to the police station? Over zealous cops are getting out of hand. It may not affect you today, but when it does, you will also scream about the abuse.

Katy Anders said...

11:09: Did I say a word about my sexuality? Why are you bringing up my sexuality?

Perv...

Anonymous said...

To the "true" conservative that posted yesterday that the Tea Party is racist in it's nature, you must be eating crow today since Kentucky elected a "BLACK" Tea Party activist as it's Lt. Governor.

Anonymous said...

@ 11:42. The 11:29 post is about the law and how dairy queen feels about it.

One little section from dairy queens post for you to RE-read. "There is no way the prosecutor has looked up Resisting Arrest in the Penal Code and knows what he has to prove"

Also a post from earlier this week:

"I'll probably do a separate post about this but the latest Police State video has emerged and it's from Texas. A guy goes to Godley City Hall to complain about a neighbor, a cop comes out and asks for his ID (the guy has no legal obligation to present it) and initially refuses, the cop eventually tells him to stand up, the guy tries to pull out his ID, is then slow to turn around, gets tazed, and then "charged" with resisting arrest (which he didn't do because the law requires the use of force against the officer.) That officer just lost his job. And he needs to."

Again…not referring to the whole situation. Just the "resist arrest" part. Force is not just striking the officer.

Striking the officer makes it assault.

Anonymous said...

What I want to know is where was the Texas Constitutional Proposition to protect me from Jade Helm and those secret Wal-Mart tunnels? Huh?

DF Cletus

Anonymous said...

Barry,

Sorry about my comment. I thought is perfectly cromulent.

DF Old School Politico

Anonymous said...

C'mon Katy, you're all about gender politics and being a good Democrat. We don't bring up your sexuality -- you do!

Anonymous said...

Funny that your 4th bullet point gives the statistics PROVING there are too many defense attorneys but you continue to rail about too many cops and too many prosecutors. Idiocracy indeed.

Katy Anders said...

12:31: I was discussing a bullet point from the post concerning a recent election in my home town. It's a little disturbing to me that you had to bring my orientation into it.

That's either really gross or else you're just trying to pull my pigtails to get my attention.

Either way, I hope you have a nice day.

Anonymous said...

I'll bet Katy is very upset that the LGBLT agenda got voted down and wasn't shoved down the throats of people in her hometown of Houston yesterday. I'm sure she and Rage are crying in their beer today.

John Holmes' Ghost said...

RTG... Nice pic of Courtney Simpson...

Don't really care where she is located, but wish she'd make a cumback.
That girl had one serous oral fixation.

Anonymous said...

What was the the big issue in the Houston election Katy?

Katy Anders said...

12:54: You can scroll up and read my take on it, which I posted at 10:44.

Anonymous said...

I would say she is in Fiji

wordkyle said...

Speaking of elections and voters, Vox (not, for those who care, a Conservative standard-bearer) had a story titled "Don't believe the Democratic Party is in crisis?" based on this tweet by Rory Cooper:

Under President Obama, Democrats have lost 900+ state legislature seats, 12 governors, 69 House seats, 13 Senate seats. That's some legacy.

Some good news for a change, for those of us who hate watching the establishment Republicans botch politics on the national level.

Anonymous said...

Bear @ 10:35----

You might have forgotten to factor in a little thing called plate tectonics. I mean, do you really think the Rockie Mountains have always been there? Or that those sedimentary rocks that are pitched at angles in road cuts were actually formed like that?

Anonymous said...

Thank you Wordkyle for brightening my day. I would like to apologize ahead of time for the Idiocratic Party posters on this here blog for the upcoming name calling which most time follows after one of your BRILLIANT comments

Anonymous said...

Katy --

I'm having a great day and I hope you are too. The thing is, you talk more about gender politics than anything else. Nothing "gross" about that; it is simply an observation. I suppose it makes me a racist to notice.

I think you're a smart girl but that Houston mayor is a total moron and proves it every time she opens her mouth.

Anonymous said...

We always seem to have too many cops and too many prosecutors, etc....but never "too many criminals". It's like someone with lots of holes in a roof getting all pissed off at the buckets on the floor.

Anonymous said...

Another night, another hundred or so innocent people that don't know it yet but are about to be slaughtered by a motor vehicle driven by someone that the cops aren't allowed to check on even if they have concerns. It's interesting how a person's perception of the police and a drunk's right to kill change once the bell tolls for them.

Anonymous said...

Katy, You should be ecstatic that your mayor failed so that you can still use the same bathroom with the same gender that you love.

Katy Anders said...

5:20 PM: Sort of a stressy time of the year for me, but I'm managing, thanks.

Again, if you'd read my initial comment at 10:44, you'd see I placed the blame for the loss squarely at the mayor's doorstep. I was not ambiguous about it at all!

Beyond that, I am sorry if you only see my words when I'm discussing certain topics. I assure you that it is your now apparent obsession with my orientation that is to blame and not the range of my interests or activities. I am sure you'll grow past this eventually. Junior high is going to hold BIG things for you!

Anonymous said...

Katy,

Feel free to throw another hissy fit and disappear again. I liked you a whole lot better back then. You write such a dramatic "I'm aggrieved and I'm out of here, so FU", departure post. Then you come back and get to do it again.

Anonymous said...

Katy,

I love your smarts, wit, and humor.

@6:44
You are pathetic and you probably get your jollies to the thought of Katy every night. Katy handles herself quite well and is respectful of everyone's opinion, even if they fundamentally disagree with her.
You are a sad person 6:44. Time to reevaluate where you are friend.

Anonymous said...

Gee Katy --

And I thought we were getting along so well. Despite your inability to admit it, you are the one who frequently brings up gender issues proving it is your obsession and not mine. The comment about junior high was junior league. I am certain you could do better if you would strive for honesty in your blog posts. Perhaps it's just because you're into a stressy time of the year. Brain fog seems to be a common ailment for folks down in Houston but take heart; it doesn't mean you can't learn something new about yourself.

Katy Anders said...

1:03 AM: Oh no! I thought my "junior high" comment was a lighthearted swat, at worst. If I hit a nerve or hurt your feelings, you should know that was not my intention. I'm sorry, wow...

Could you be more specific about your critique of my blog? My readers rarely get critical in their comments, and I value constructive criticism.

Anonymous said...

6:58 --

Here we go again, Katy. I said nothing about your blog, rather it was a reference to your posts on this blog. You know, a light-hearted swat out here on the plains of Texas can get you in trouble. Maybe you should get out of Montrose once in a while.

Katy Anders said...
This comment has been removed by the author.
mzchief said...

To Anonymous 1:03...
You're such a self-righteous jerk you're actually dogging someone for their interests merely because they are different from yours? Climb down off your high-horse and live your life and let others live theirs.

BTW...You really suck at the "snark game." You come off like a petulant child rather than snarky.

Bear said...

@4:17

I don't think there has been any major tectonic activity since the last ice age. The rocky mountains have been there a long time. The weather patterns have changed more recently than Pangea.

Anonymous said...

Mzchief --

Seeing as how you are the queen of snarkery, I will take your opinion and kindly let you shove it up your own ample *ss. Want to come to the aid of yet another deviant on this here blog? Go ahead, show us your "orientation" as well. Please feel free to say something else as equally stupid as your previous remarks, you snotty know-it-all.

Katy Anders said...

This thread really demonstrates the valuable service Barry provides to his community.

Instead of taking out their aggressions by going home and kicking their dogs or beating their wives, the denizens of Wise County are able to simply go online and insult strangers, anonymously and incoherently.

I think I'm tearing up just thinking about all those unbeaten dogs out there, Barry

Anonymous said...

Katy,

STFU. You are irrelevant.

mzchief said...

To Anonymous 4:29

You need to give up drinking or stop getting drunk prior to raging on the Internet. You do, indeed, come across as pathetically dim witted. For the sake of the gene pool, I hope you've not bred.