6.18.2007

My Favorite Jacksboro Beauty Salon


. . . that I always seen but have never been in. I always picture three ladies standing behind three chairs.

Gainesville......Wow

Uh, Not So Sure About That


Check out the last line of this paragraph from a Yahoo story on today's flooding.

Celebrate Me Home


Eva Longoria and Tony Parker of the San Antonio Spurs celebrate (presumably) the winning of a championship and the MVP trophy. Funny, wife #4 used to great greet me the same way every time I got home from work.

How San Francisco


. . . viewed the Dallas mayoral runoff.

Legal Humor


A group of present and former law professors asked the court in the Scooter Libby case to be allowed to file a "friend of the court" brief. The court granted their request with this footnote. Source.

(Thanks to a Decatur reader for sending this one to me.)

Posh Spice Says


"Good Monday morning to the east side of Decatur."

Haltom City Carnage


First it was a tornado this spring and now flooding.

What's next? A plague of locusts?

6.17.2007

Sunday Night Sign Off

Stick around for the last shot. Although I think it may be understandable how no women were involved in the shooting of this film.

MySpace Paranoia

Silly article today in the Star-Telegram on the dangers of MySpace.com. A teenager driving on 380 is in more danger than she'll ever be because of MySpace.

And if a prosecutor that worked for me drove over to a citizen's house to warn the mother about her daughter's MySpace page, I'd call her into my office and tell her to cut that crap out.

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?