Random Wednesday Morning Thoughts

A 17 year old from Aledo called 911 on October 4, 2012, saying, “Uh, I just killed my mom and my sister . . . . I felt like they were just suffocating me, in a way . . . .Obviously, you know, I’m pretty, I guess, evil.” He would ultimately receive a 45 year sentence.

  • The Messenger has an incredible story today, but the headline needs to be "City of Runaway Bay Is Dumping Raw Sewage Into Lake Bridgeport!"   And the sub-headline needs to be their seemingly callousness and indifference about it. It's basically, "Someone needs to give us millions of dollars to fix this problem or it's gonna happen again -- too bad."  This should be a big story in the metroplex which ends up with that water. And how's the EPA not coming down on them? Good lord: 

  • What was this around New Fairview yesterday afternoon? 

  • Hey, Wise County Sheriff's Office: Your online PDF of the jail roster is not updating. 
  • Elon Musk again agrees to buy Twitter after discovering that signing a formal agreement actually means something. 

  • The guy who caught Aaron Judge's homerun ball last night seems a little jerky. I could be wrong. We've already learned that he's a VP at Fisher Investments and married to Bri Amaranthus who was on the 22nd season of The Bachelor in 2018.

  • Trial out of Denton. Seems like a prosecutor screw-up. Click to enlarge.

  • Another suicide. Something weird is going on.

  • People are camped outside of the school administration building in Uvalde.

  • Obviously, a very important warning for parents. Let the word go forth.

  • And another.

  • Very, very nerdy legal stuff for criminal practitioners only: You ever have a problem where you want your client's property returned after his arrest when it wasn't seized by a search warrant? Can you get the magistrate who set the bond to do it? We've got an answer from at least one court yesterday: No.  A magistrate's duty at the beginning stages of a criminal case are limited to the right to an "examining trial." And an examining trial, which is to determine if probable cause exists before there is an indictment, gives the magistrate no right to return property.
    • The case is out of Houston which has the unusual practice of filing a felony "complaint" with the district court immediately after the arrest which will ultimately get the indictment. That's weird to me. In any event, it was a district judge who ruled the property should be returned but, the appellate court said, since there was yet to be an indictment the judge was only serving the role of a magistrate at that point so his authority was limited to that of an examining trial court. 
    • Side note: I kind of like that "complaint" practice. At least in Harris County, if you can get an examining trial it would be in front of the district judge who will ultimately have the case. Also, that procedure of filing a "complaint" with that district court makes it clear that any bond modifications (which are a bit of the wild west anyway) are handled by that judge as well.
    • Side note for the common man: Examining trials are rare in most counties. Once their is an indictment, that right goes away.  So a "Motion for an Examining Trial" is basically a "Motion to Guarantee Indictment In The Next Few Days." 
    • One more: I think Dallas County may have that complaint-filed-with-district-court practice. I'll see in the news them having mini pre-indictment trials before a judge from time to time.  
  • Messenger - Above the Fold