12.20.2021

Random Monday Morning Thoughts




This was about a shooting by then Palo Pinto County Sheriff Ira Mercer that had me worked up. (Original post on 12/21/11.)  It looks like the deceased's family sued the Sheriff but, as is normally the case, the lawsuit was thrown out years later based upon qualified immunity. I did note that the Sheriff was later indicted on an unrelated case of "improper use of [an audio or electronic] recording device" where his ex-girlfriend was alleged to be a victim. I can't figure out what happened to it.



  • This is the guy that was in the run-off against David Spiller in the Texas House race earlier this year. There's not a lot of details

  • Democrat Joe Manchin killed the Build Back Better bill yesterday with a surprise announcement on Fox News. And the White House and Democrats were royally P.O.'d about it.

     
    • This kind of reminds me of John McCain single handedly killing the repeal of Obamacare with then Speaker McConnell looking on in amazement. (Video.)

    • Some suggest that Manchin just become a Republican since West Virginia, who he represents, is deeply Red.  But, without him, the confirmation of President Biden's appointment of federal judges would grind to a halt. Instead, with Manchin's approval, Biden just had his near-record 40th federal judge approved in his first year. 

  • I haven't written much about the case involving the officer who grabbed her pistol instead of her Taser and killed a man. And that's primarily because I'm so conflicted about it. I believe it was a horrible, horrible accident. She deserves to be fired. She deserves to be sued. She deserves some public ridicule. But I always tap the brakes when the criminal justice goes after someone for acts which were not intended. 

  • Abbott celebrated Christmas week by doing a publicity stunt over his own Wall which will never be built. 

  • For the life of me, I never dreamed I'd see a Southern Baptist church allow a Christmas service to be hijacked by, and the pulpit turned over to, a man by the likes of Donald Trump. If Jesus wept over Lazarus, he must have broken down over this. 


  • The generals ain't wrong, 

  • The anti-vaxxers haven't been treated very gently over the last couple of days. By both sides.
    • From the White House:

    • From the Trump rally at the AAC in Dallas yesterday afternoon:

  • We almost had a huge war between Google and the Disney empire.  On Saturday, the two giants announced that they couldn't reach a deal to keep Disney programing (including ESPN and ABC) on YoutubeTV (owned by Google.) It lasted one day. 

  • I think I was one of the very first ones to give this story attention and, since then, everyone has been going off on civil forfeiture laws. Now Dallas Police are trying to justify their legalized theft by invoking the force field of drugs and dogs. First, no drugs were found. Secondly, this use of "drug dogs" is one of the biggest scams every sold to Americans.  

  • Here's another story of DNA exonerating a guy who served prison time on a sentence of life without parole.

     

    • Here's the money line.

    • Nerdy stuff: I've learned a lot about DNA over the last two years, so I tracked down the earlier appellate court  opinion to see what it said. The key was footnote 3.  Let me tell you, something is seriously wrong here. If the defendant truly matched on 13 of 13 markers, the odds wouldn't have been "only" 1 in 763. It would be more like 1 in a billion. I'm guessing the was a mixture of DNA involving multiple persons and with odds calculated by an algorithm method which is no longer used. What DNA labs had been doing with mixture analysis over the last 15 years has now been seriously overhauled after being questioned by the courts.
  • QAnon at a random bowl game over the weekend. There are some scary people out there.  

  • I saw this on Friday of last week.  (The Jesus fish was a nice touch.) 

    • It's a play on this:  

  • Cowboys castoff Jaylon Smith seemed to be really excited that he was familiar with the "Landry Shift" at the end of the game yesterday. Video

  • The Cotton Bowl, which will host the semi-final game between Alabama and Cincinnati, is advertising on The Ticket a lot. Are they having trouble selling that out? 

12.17.2021

It's Friday -- Let's Get Out of Here






Random Friday Morning Thoughts





Fox News dropped this bit after a while. The jobless rate would drop to to 3.1% 
by the time Obama left office. 


  • I can't get a handle on this omicron variant. It seems to be exploding everywhere, but not yet in Texas.  And although the symptoms or milder, it seems to spread faster than anything we've seen before. To make it more confusing, it also seems that any surge won't last long -- cases are surprisingly already falling in South Africa where it started.
  • You really can't be shooting into the car of a thief as he drives away, but I wonder if anyone gets worked up about this story.


  • The following, like the current weather, are not conducive to the Christmas spirit:
  • One of the two people the Clay County sheriff kept in jail after a JP found no probable cause to keep her in jail has been awarded a big bag of cash because her topless club employer ripped her off as an employee.

  • We had two people get Me Too'd yesterday. Merry Christmas, again.  


  • Home page of the Dallas Morning News.  "Dozens"?

  • Trump's wife is going to try and con people out of their money with NFTs. (There is no way that either her or Trump know what "leveraging blockchain technology" means.)  Grifters gonna grift. 

  • Proof that Congress has always been screwed up: Author Truman Capote somehow became an expert on the implications on the Miranda warnings simply because he wrote In Cold Blood even before the Supreme Court decision was handed down. Spoiler alert: He cared more about Senators not reading his book, and those dang Miranda warnings might have kept him from even writing it.

  • TV watching: (1) I can actually get Bally's Sports so I'm watching way too much of every game played in the Texas high school playoffs over this four day period, (2) I'm going back and watching HBO's much acclaimed John Adams mini-series and it has the pace of Lonesome Dove. I'm dying here. (3) Excited about Righteous Gemstones coming back

  • Time which has passed since the Wise County Sheriff's Office has failed to solve the murder of Lauren Whitener in her home at Lake Bridgeport: 896 days.
  • Messenger: Above the Fold

12.16.2021

Random Thursday Morning Thoughts




These were very random thoughts. And I still hold these truths to be self-evident. 


  • I'm not sure I remember a December this warm, especially in the two weeks leading into Christmas. I'm against it. 

  •  I liked this gal on Channel 8. 

  • This case is pretty simple, and it is no big deal. Elected DAs and County Attorneys in Texas have the right to prosecute crimes in Texas. And although they can ask the AG for help, the ultra-conservative and Republican court ruled yesterday that the legislature can't create a statute that gives the AG the exclusive right to prosecute any particular brand of crime because the Texas Constitution specifically limits what the Texas AG can do.  Here, the legislature had done just that by giving the AG jurisdiction to prosecute voter "fraud" without the consent of the locally elected prosecutor.

    • AG Ken Paxton responded like an angry child and, like a child, he just made stuff up. To say the ruling is "devastating" is ridiculously laughable. 

  • Ok, this was legitimately funny yesterday. 

    • For those who don't get it.

  • Regarding the possible hit and run by the Prosper mayor, his attorney is probably right about fault, but there's not a lot of upside in saying it while the guy is in critical condition. 


  • Two quick hits about this story: (1) She's a Congresswoman so she's talking about federal law. This should be a state law issue. (2) Texas already has such a law, but it's a misdemeanor.  

  • This is very weird, but this is what I think is going on (a little legal nerdy):

    • The Defendant was arrested for murder. The charge carries with it a punishment range of anywhere between 5 years and life. 
    • He couldn't afford bond (because, in Texas, the rich get out of jail and the poor stay in jail.)
    • But the State couldn't announce "ready" for trial within 90 days so the judge granted the defendant a PR bond which, quite frankly, he had to under the law. See art. 17.151
    • The State then upgraded the charges by re-arresting the guy for capital murder and actually signaled its intent to seek the death penalty. Why? Well one reason is that a person charged with capital murder is not entitled to bond "where proof is evident" even when the State can't announce "ready" for trial within 90 days.  By doing the re-arrest trick, they could keep the defendant in jail even if they weren't ready for trial. Or so they thought. 
    • No so fast, the judge said. He got mad and dismissed the capital murder charge calling it "prosecutorial vindictiveness" because he believes he was only re-arrested and the charges upgraded to try and get around the PR bond law.
    • This is all pretty wild.
  • If you are interested in stuff like this below, read this thread. I think he'll be able to stay on the ballot.

     

  • Jacksonville coach Urban Meyer was fired overnight. (I told you last week that the NFL brass wanted him gone.)  He's in year one of a six year contract which is estimated to be $10 to $12 million a year. And you know what? Jacksonville owes him all of it now. 

  • The number one recruit in the nation signing with Deion Sander's led Jacksonville State over Florida State and Georgia because (maybe) the kid is going to get a big check through Barstool Sports is everything you need to know about the future of college football.  And if you haven't seen the kid trolling the other schools as he made his decision, here ya go: Video.

    • I'm not against these kids being paid. In fact, I've been advocating it for years. But now that it is here, it just seems weird. 
  • Keep away from the Aggie in the next cubicle today. 

  • I never watch the NBA, but here's a wild finish from last night. Video. It's the longest game winning shot in 25 years. 

  • That's a good photo, I think: