12.09.2021

Random Thursday Morning Thoughts




A Decatur couple had made it into the old "Cheers and Jeers" column in the Star-Telegram.   


  • I'm hearing we had a defense lawyer "aggressively" make a physical move towards a prosecutor on Monday during a hearing outside the presence of the jury in the Decatur murder trial being held this week in Jack County. I'll try to get the details. 
  • We got an unconstitutional Baby Jesus display in a Wise County government office! Someone get the ACLU on the horn! (The last time I did this, the office manager got very mad at me. Come on, we're having fun here, no?) Side note: Why is the Baby Jesus extra white?

  • This was a feel-good, and incredible, thread of pictures and video yesterday as a person was rescued from a car just feet from going over Niagara Falls. Unfortunately, she died over night.  

  • I think I like Finland politicians. 

  • When have a new arrestee in the Trump Insurrection. This time he is from Keller and not the brightest bulb in the room. 

  • The Sheriff in Clay County, who has been indicted for Official Oppression, held a nonsensical news conference where he tried to defend himself against the charges on why he held two people in jail after a JP had found no probable cause to hold them. 

    • I don't even have to say that he "allegedly" held two people after the finding of no probable cause because he actually admitted to doing it. (5:10) 
    • Instead he tried to throw the JP under the bus which made no sense to me. He claimed "the finding of no probable cause was irrelevant"  because he needed an actual order to release the couple. (8:35) That's a new one to me. A constitutionally required order finding probable cause is what gives him the authority to hold someone after a warrantless arrest. If there isn't a probable cause finding, he loses that authority. And that's what led to the indictment.
    • Legal nerdy stuff: He also seems to say that they tried to amend their affidavits to take another shot at establishing probable cause but the JP failed to rule on them.  Well, if he is of the position that he was waiting on a new probable cause determination (which I don't even think is allowed), art. 17.033(a) requires a person to be release when there has been the absence of a probable cause determination made within 24 hours. That law is in place (since 2001) to prevent a Sheriff from holding someone forever by saying, "Well, no judge has been in to make a probable cause decision, but I'm going to continue to hold the people because I don't have an order from a judge to release them."
    • But, once again, in this case there was a judge who reviewed the case within 24 hours and specifically made a no probable cause finding. But the two people were still held in jail. 
    • And anyone find it odd that the Sheriff used the official Clay County SO Facebook page and the actual sheriff's office, which is county property, for his personal defense?

  • This was a pic of Zeke before yesterday's practice, and I thought to myself that it looked like a simple, good, and probably inexpensive exercise bike. Nope. It's $1,750.

  • Thirty years ago today:

  • Hey, I mentioned the DFW advertising blitz of attorney Thomas J. Henry the other day. He's now made the front page of the San Antonio paper, and it doesn't look like it's in a good way. (Story is unfortunately behind a paywall.)