Random Monday Morning Thoughts

Here is someone else's blog post about the incident. One of the prosecutors was disciplined by the State Bar for withholding evidence in the case. 

  • The missing pharmacist, Robert Moulds, is quite the mystery. Both he and his vehicle have vanished with his last known location being in Wise County.  Lots and lots of people are looking for him in the county. (Facebook group.)

  • On the Friday afternoon news dump, Gov. Abbott finally officially abandoned his border search policy.  And the $300,000 man also finally spoke. 

  • South Carolina gives a death row inmate the right to chose firing squad as his method of execution if he so wishes. A guy just made that choice. Happy Easter.

  • Mass shooting weekend update. A club, and Air BNB, and a mall.

  • First they came for science, then history, and now they are coming for math? 

  • This 49 second promotional video of Tucker Carlson's new special would be banned from schools in Florida. I have no idea what he is trying to pull off here. And this lady wasn't lying -- it's one of the weirdest things I've seen from him. 

  • The mental health of the leader of the Republican Party is not improving. 

    • Compare and contrast:

  • I listen to a lot of talk radio, and I went insane over the last three days because of radio hosts completely screwing up the Law of Parties in light of the news that the Dallas Cowboy Kelvin Johnson was in the same car where bullets were fired out of, killing a man. 

    • Let's get it straight. 
    • The Law of Parties says this: If you intend for a crime to be committed, and you then, in any way, assist someone else in committing that crime, you can be charged with that crime just as equally as the person who actually committed it. Here's the subsection prosecutor's always rely upon: 

    • But here is where they have all been wrong: Merely being with someone who commits a crime does not make you guilty of anything.  The law is clear: "Mere presence" won't get you in trouble.
    • I'll go even further, if you had no idea the other person was going to commit a crime, you could even give that person a ride home after the fact and not be committing a crime.  (It's not smart, and prosecutors will probably try to wrongfully convict you by saying your actions after the fact are proof of your intentions before the fact.)
    • In the case of the Cowboys player, almost every radio host has said that the fact that he was "in the car" from which the shots were fired is enough to make him criminally responsible for the murder. That's flat out wrong. Ticket radio hosts George Dunham, Craig Miller, Jake Kemp, Mark Elfenbaum all said it as did the Dallas Morning News' David Moore. 
    • There is one limited circumstance where the Law of Parties does extend to unintentional acts that your buddy commits:  
      • Say you are in a convenience store, intend for your buddy is going to rob the clerk, and are serving as a lookout. In that situation you will are certainly guilty of robbery under the Law of Parties because you are assisting him with the intent that the robbery be committed.  
      • But here is how you can become responsible for unintended conduct:  If your buddy goes one step further and kills the clerk during the course of the robbery, you've bought the crime of murder even though you didn't have any intention of the clerk dying. That one felony morphing into another felony rule is specifically covered in the statute. 

      • But the key in that hypothetical there is that there was some underlying felony (robbery) that you intended to assist in which gave rise to your unintended felony (murder.) 
  • Here's the indictment in the intentional miscarriage/murder case out of Starr County.  I'm still not pleased that we haven't heard more about how all this went down or how one of the assistant DA's was privately representing the husband of the defendant in a divorce. 

  • I know! I know! I know!
  • Why Fox Sports is investing in and backing the USFL is beyond me.