6.17.2007

I Report. We All Speculate.


I heard a rumor of a robbery in the parking lot of First Financial (the old First National) in Bridgeport last night followed by a police chase. Not confirmed.

6.16.2007

And I Thought The Burning Of The Rain Forests Was A Problem


I've read this all week about Oakmont, where the U.S. Open is being played this week: 4,000 trees have been removed from the course since 1994 in order to return it to a "links-style feel."

That seems wrong.

"Little Children"

. . . ,which stars Kate Winslet, is outstanding. I was completely surprised.

And the performance of Jackie Earle Haley (who really hadn't been heard from since The Bad News Bears and Breaking Away) as a paroled sex offender is great.

One Of These Days, A Court Will Get To Decide

I've been puzzled by this law ever since it was enacted about six years ago. This story: A guy sits on a park bench outside of the entrance of Six Flags and "photographs teenagers from behind" after they walk by. No nudity. In public. No touching. The teenagers do not even realize they were photoed.

Here's the statute (Texas Penal Code 21.12):
A person commits an offense if the person:
1) photographs . . . another:
A) without the other person's consent; and
B) with intent to arouse or gratify the sexual desire of any person.

As I've said time and time again, isn't that incredibly broad? If I see Jessica Alba in a skimpy bikini on beach on Padre Island and I take her picture, have I committed a crime?

And even though we find this particular guy's conduct "offensive", does that justify making it illegal in America? We tolerate lots of offensive things because of freedom. And if painting constitutes protected First Amendment "speech", is the taking of a picture equally protected? Just asking.

I Got A Crush On Obama

This thing appeared everywhere yesterday, and it's pretty funny. But it occurred to me how presidential candidates can spend millions on political promotion and we'll all ignore it. But have some third party do something original and clever on youtube, and we all sit around and watch it. And like it. Soon politics will be very, very different.

6.15.2007

From The Pleadings In A Civil Case In Dallas Tried This Week



The last sentence made me do a double take. Yeah, that gang rape thing was bad but he had to call a bondsman every week for a year! The horror! (Everything explained here.)

Stuff I Learn

I didn't know that exceeding the speed limit is not a crime so long as your speed was still "reasonable and prudent." (Just saw this when reviewing some case law.) From Tollett v. State, 219 S.W.3d 593 (Tex.App. - Texarkana 2007, pet. filed):

 As argued by Tollett, the offense of speeding requires, in general, proof that the vehicle's speed was not reasonable and prudent. Section 545.351 of the Texas Transportation Code provides: "[a]n operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing." Tex. Transp. Code Ann. § 545.351(a), (b) (Vernon 1999). However, the Transportation Code also establishes maximum speeds which are prima facie evidence that the vehicle's speed is unreasonable. Section 545.352 provides "[a] speed in excess of the limits established by Subsection (b) or under another provision of this subchapter is prima facie evidence that the speed is not reasonable and prudent and that the speed is unlawful." Tex. Transp. Code Ann. § 545.352 (Vernon Supp. 2006); see also Tex. Transp. Code Ann. §§ 545.353, 545.355, 545.356 (Vernon Supp. 2006). Proof of exceeding a speed limit, while sufficient evidence for a jury to infer a finding the speed was not reasonable and prudent, does not conclusively establish that the speed is not reasonable and prudent. "Prima facie evidence" is merely "[e]vidence that will establish a fact or sustain a judgment unless contradictory evidence is produced." Black's Law Dictionary 598 (8th ed. 2004). Although unlikely, a defendant could prove that a speed in excess of the statutory speed limit was reasonable and prudent under the circumstances then existing. Therefore, the State must allege the speed was greater than was reasonable and prudent. Eaves v. State, 171 Tex. Crim. 670, 353 S.W.2d 231, 232 (1961); see 7 Michael J. McCormick, et al., Texas Practice: Criminal Forms and Trial Manual § 30.42 (11th ed. 2005).

Father's Day Shopping?

I Officially Reconsider My Anti-Death Penalty Stance


Story.

A Word Of Advice


Don't get drunk and play with guns.

The details are sketchy, but the Star Telegram is reporting that this 17 year old girl was arrested this morning for manslaughter. The only thing that tells me is that the cops believe, at this point, that she didn't intend to kill anyone but that she did something incredibly stupid that caused the death of another.

That's the face of a scared little girl.

Random Things That Irk Me


The U.S. Air Guitar Championship, which is coming to Dallas, is the dumbest thing in the history of ever. Look at me pretending to be someone who has talent! Why don't you just learn to play?

Dangerous Storms Can't Touch Us

Edit: Sheriff David Walker tells me that he really likes this weather map that lets you zoom in and drag back and forth. It is pretty cool. (Link fixed.)

Rhome Is Burning In Craziness


Today's Update mentions that the city of Rhome is considering requiring all new employees to undergo a polygraph.

Say what? There certainly is no widespread acceptance as to whether the machines are scientically reliable. (They still aren't admissible in court). And the cost would be insane. Respected polygraphers (sounds dirty, huh?) wil charge about $500 a pop. I'm sure a better package deal could be cut than that, but you always get what to you pay for.

And who in the world would want to work for Rhome that badly?

(But now I can't get the Seinfeld episode out of my head when Jerry was hooked up to one to determine if he really didn't watch Melrose Place.)

Time Capsule Talk


The boys on The Ticket were talking about time capsules this morning.

I'm pretty sure that I remember one being buried in Bridgeport in 1973ish during the centennial celebration. I was a kid and I recall my mom telling me to donate something to it. I didn't. And I think it was going to be opened in fifty years, but I'm not sure.

I wonder if there are any others in the county.

Since She's Been Gone


I saw that Kelly Clarkson has canceled her summer ticket due to slow ticket sales. I'm no business guy, but that doesn't sound good.

And I noticed that l Ludacris canceled his show last week at Nokia Live in Grand Prairie for the same reason.

Have we lost interest in live shows? Can the death of karaoke at Frilley's be far behind?

Close Landing

Saw this over at BagOfNothing.com this morning. Wow.