The Campaign For DA

6.16.2016

Random Thursday Morning Thoughts



  • The first two stories on NBC Nightly News weren't good for Disney. The first one was about the alligator attack and the second one was about the nightclub shooting complete with a photo of the shooter holding a kid wearing a Mickey Mouse shirt.
  • Clever headline: "Tragic Kingdom".
  • There was a standoff in Dallas yesterday evening. Think they brought enough cops? (Fox 4 says the following are all "first responder" vehicles)
  • Tell me this is not an ad: Tony Romo, who never tweets, posted a photo of himself with the caption of "I had so much fun helping @Target shoppers pick out Father's Day gifts in Dallas tonight!" Target paid Romo for that, right? No question. (I saw it on Fox 4 who just acted like Romo just happened to be shopping at Target. Was Fox 4 paid by Target to promote it as a human interest story, too?)
  • You would think e-books would cost only 20% of the hardback price. I mean, when you boil it down to manufacturing, storage and shipping, they shouldn't be in the same ballpark.  (I just decided to check the prices on Amazon. Stephen King's new book sells for $17.36 with the Kindle price being $14.99. Something ain't right.)
  • Former Dallas mayor Tom Leppert was of Fox 4 last night to talk about "what to expect" at the Trump rally today and he went into a Trump Talking Points spiel. I tried to Google some connection between the two but got totally distracted by a story of Leppert auctioning off his 8,000 square foot kick arse ski house in Park City, Utah earlier this year.
  • I didn't understand the pose of Tech's Coach Bro which was revealed yesterday as the cover photo of Dave Campbell's Texas Football.  Then I discovered it's a re-creation of the 1963 cover featuring Darrell Royal.
  • Someone to me at the courthouse yesterday: "Did you hear about Lil' Wayne's seizures?" I didn't expect to be asked that. (Ticket fans: That was very similar to, "Did you know Fat Joe left Atlantic?")
  • Under the radar Waco Twin Peaks Biker news: (1) The DA sheepishly wanted a gag order which a "whatever you want" district judge granted, (2) the order was appealed to the Waco Court of Appeals which overturned it, and (3) the DA still tried to get the gag order by appealing to the Texas Court of Criminal Appeals which yesterday, after initially granting the DA a stay, refused to help him out.  Now if the DA would only get to work on the cases. It's been over a year. 177 arrests. No trials. No convictions. No plea bargains.
  • I've not followed the Oakland PD news but it sounds like its a mess. There is some "sex scandal" going on which caused some suspensions and the resignation of the chief. Then they appointed an "interim police chief" who was fired after six days with authorities calling the hiring a "mistake".
  • The Supreme Court will issue some big opinions today or within the next week. Two I'm interested in are (1) can the State make it a crime to simply refuse to submit to a breath test after being arrested for DWI even if you are ultimately not guilty of DWI? (Prediction: The answer will be "yes"), and (2) Are Texas' new abortion restrictions unconstitutional? (Prediction: "Yes" again). I listened to the oral arguments in the DWI cases and the justices, amazingly, had no idea there was a massive difference between a portable breath test on the side of the road and an Intoxilyzer test at the jail.
  • ABC News didn't explore the angle of whether Disney should have had alligator warning signs. Why? ABC is owned by Disney.



27 comments:

Anonymous said...

It's almost like the value of a book is its content, not the material it's wrapped in (which, when mass-market printed, costs about $1 per book to the publishing house).

Anonymous said...

You're in Florida in a former swamp which has many lakes and there's a sign that says for your own safety please do not play or swim near the water---and that wasn't warning enough? God forbid anyone take responsibility for their own actions these days.

Anonymous said...

Disney didn't have alligator-warning signs, but they did have no-swimming signs. What are the contributory negligence issues?

In 45 years, with over a billion visitors, there has never been a guest killed by an alligator. One guest was attacked (but not killed), and that occurred thirty years ago. What duty does a corporation have to warn against any and all possible dangers?

You have 45 minutes - please place your bluebooks on my desk when you are finished.

DF Learned Hand

Anonymous said...

The Daily News seriously needs to work on their headline skills - referring to the kid as a 'tragic tot' on the front? I'm sure that's not what they meant, but they make enough to employ someone who could have corrected that.

Anonymous said...

why do publishers charge so much for ebooks? why do lawyers charge so much? because they can. somethin ain't right

Triple Fake... said...

Apparently, it's not enough now to have a sign warning about generic safety hazards. You have to spell out specifically all the possible hazards so folks can judge for themselves whether the risk is worth it: alligators; flesh-eating bacteria; poisonous snakes; mosquitos carrying Zika virus; gun-toting terrorists; Pirates of the Caribbean (it's a small world, I'm just sayin'...)

Anonymous said...

Did you see Jive Coach Sumlin's response to the Texas Football cover? It was funny enough to have been posted by ChuckF'nStrong:

https://twitter.com/JiveKevinSumlin/status/743172529892712449

Oakland PD News...

That's almost as bad as the Houston deputy being shot while "on duty" with a girlfriend in the car, and then three or four deputies having sex with the witness during the investigation and getting fired, and then the district court judge in whose court the case landed having to recuse herself, because she was also fooling around with a deputy investigating the case. Sound insane? Welcome to Harris County's Deputy Goforth investigation.


I'm interested in your opinion on the DWI/crime thing. I think that would take some significant legal gamesmanship in the wake of the McNeely decision and its progeny holding that a warrant is needed to take a blood sample if a breath test is refused.

I'm not saying they won't play those games, but it would be difficult to justify those two stances.

Anonymous said...

Can't imagine a fake Romo spot can be any worse than Clarice Tinsleu reading Facebook comments.

...triple fake Marconi

Anonymous said...

The "First Responder" and "Hero" bits are so overplayed by police. They want to be thought of as soldiers fighting a war. They aren't even close. They knew exactly what the job was when they signed up for it. They're grossly overpaid, regularly overstep their authority, behave like they're above the law and usually not held accountable for their actions.

If they're soldiers fighting a war, who am I... the enemy?

Seymore said...

RTG does not look like a real pic??

Anonymous said...

Fat Joe left Atlantic? Why didn't someone tell me?

DF 50 cent

Anonymous said...

9:19--short answer--YES!

Anonymous said...

the Tony Romo Target jokes are a given right?

Anonymous said...

Barry, here is a general interest legal question that popped up in our morning coffee discussion. In regards to the Waco biker conflagration that has been sitting in neutral for a year, does a Grand Jury indictment ever time-out in Texas? Could a DA sit on a case for years before going to trial, with no penalty? Can the defendants' attorneys force the DA to fish or cut bait at some point? Sure seems that some good old basic citizen rights are getting steamrolled as the bikers are not being afforded their day in court in a timely fashion.

DF Justice Stephen Breyer

Anonymous said...

This, folks, is how you do it. Perfect level of snark.

Rage

Anonymous said...

Go tell the little boy's parents that you compliment the headline involving their son's death as "clever".

Anonymous said...

Don't worry about The Mouse. Events in Orlando are only a small blip on his radar.

Anonymous said...

(Ticket fans: That was very similar to, "Did you know Fat Joe left Atlantic?")

I got another good one for ya. The Ticket's parent company Cumulus Media is trading at 34 cents a share on the NASDAQ. LOL!! LMAO!!!!

And they lost 14.43 million bones in the 1st quarter of 2016! Hahahah!

Anonymous said...

Calling all of those vehicles "first-responder vehicles" reminds me of the douchenozzles who feel compelled to comment "FIRST" on every online article/message-board post they read.

They can't ALL be first, can they?

Sam Brows said...

Judge Hand (whichis WAAAAAAY better than being Mr. Hand by the way), what constitutes a "known danger" is probably going to be a fact issue for the jury to decide absent a Florida Court case establishing the presence of gators in the swamp as a danger that should be known to all landowners.

On e-books...it is all about supply and demand baby! Books have been bound paper long enough that it is presently near impossible to make them all electronic in nature; however enough old geezers like myself have kicked the bucket such that the demographic that books are now marketed to is young enough in nature to actually prefer an e-book over a bound paper one for the most part. If people began to purchase the ever lovin' heck out of bound paper books for most authors, the e-book prices would drop precipitously in order to encourage more e-book purchases. Likewise, when it becomes economically feasible for all books to be e-books, they will be.

Anonymous said...

They can move for a speedy trial, which can cause some softish deadlines. But delays benefit defendants generally, and other than that there's not much that can be done.

Anonymous said...

The three books I have self published cost me around 10 bucks per copy, full blown hardback, dust cover, made in Indiana. I can have them duplicated in China for about 1.50, but choose to stay American made. The print file costs me around 230 to convert to Kindle and around 200 to convert to Ebook. (Two different operating delivery systems). Amazon chops it up 70 to me, 30 to them. I would bet King gets a way better deal. I have generated great volume, his would be astronomic. Shameless plug.
4 Counties trilogy.

Anonymous said...

"There was a standoff in Dallas yesterday evening. Think they brought enough cops? (Fox 4 says the following are all "first responder" vehicles)"

I count 15 police or probable-police vehicles, with two ambulances. Most (probably all) of those cop cars had a single patrol officer in therm. So tell me, Barry, in your expert opinion, how many officers should it take to take a barricaded subject without killing him? Because I'll tell you: it takes a lot fewer to handle the situation, if we just go straight to deadly force.

Keep in mind, you have to set up a perimeter, a contact team, a negotiator, and relief (people need to use the bathroom, have a meal break, etc.).

Anonymous said...

Somebody said...

You're in Florida in a former swamp which has many lakes and there's a sign that says for your own safety please do not play or swim near the water---and that wasn't warning enough? God forbid anyone take responsibility for their own actions these days.

This how Barry and his cohorts make moooney

Anonymous said...

Who cares what Trump said. What did the Bitch have to say today? Blah, blah, blah, blah, blah ................. sheesh!

Anonymous said...

When it is all over will the responsible policeman have to prove to a jury that they had to kill all those people at Waco I I mean , each say I killed this one because , and Joe shot two more > It is known who shot whom and why . The Branch Davidian Massacre is still the most people murdered in America . Throw in Oklahoma City bombing that was in response to the Waco murders and which is greater . Only person I ever knew that believed everything in the newspaper was my brother .

Anonymous said...

Pray tell, what is this "ebook" of whence you speak?

DF Johannes Gutenberg