And That Drug Was? Marijuana

The story. I'm almost speechless. The guy possessed 4.6 ounces of marijuana. If it had been under 4 ounces then the maximum sentence would have been one year in the county jail! But once he cracked the 4 ounce barrier, he got into Felony Land with its crazy "enhancement" rules for past sins. Stay with me here: Possession of Marijuana of over four ounces but under five pounds is normally a State Jail Felony which requires probation for first time offenders. But this guy had two prior prison trips in, oh my, the 1980s! So the State got to use those prior convictions for enhancement which jacks up his exposure to a longer sentence. (A a ridiculous aspect of criminal law is there is no statute of limitations for using prior convictions for enhancement.) Have I said this before? Marijuana is a plant that grows from the ground. When I'm in my sixties and society is no longer insane, I might run for the Texas Legislature. I wouldn't pass any new laws -- just repeal the craziness that is on the books. ______________ Legal note: One thing I don't understand is that normally the two prior convictions would enhance the crime to a Second Degree Felony which would cap the maximum sentence at 20 years in prison. But the story indicates that both the prosecutor and the defense treated the case as a First Degree Felony. Edit: They updated the story to indicate the possession was in a Drug Free Zone: a day care center. That makes it a Third Degree enhanced to a First Degree. Welcome to Idiocracy.

Movie Talk

Alice in Wonderland just grossed $116 million over the weekend? You've got to be kidding. Why is it every time Johnny Depp tricks himself up (Pirates of the Caribbean, Edward Scissorhands, Sweeney Todd), it turns into box office gold? Just finished The Hurt Locker. It's Good. I won't go so far as to say Very Good because it's pretty much a big screen version of HBO's Generation Kill. Academy Awards tonight: A show that takes three hours which could be done well in less than half the time.

Sure, Let Me Write You A Check For $179,000

In the story there was a reference to how the scam began with an email from someone representing themselves to be in Hong Kong. My law partner and I got the same email about six months ago and spoke briefly about how "authentic" it seemed. It was a far cry from the Nigerian letters that we all receive. But we weren't dumb enough to fall for it like the three Texas lawyers in the story. I noticed where one of them said, "You would think that lawyers would be smarter, but it's funny they fall victim." Well, with an attitude like that, that explains how you got scammed, hoss. Edit: Dang it. The guy who said that actually didn't get scammed. That's what I get for skimming an article before 8:00 a.m. on Saturday. But I still hope he gets scammed in the future.

My Dirty Family Truckster Has Been Vandalized!!!!

And in my own parking lot!! I'm about to launch an investigation that even Ken Starr would admire! And this has to be a hate crime. Developing . . .

In The White HizzHouse

Beyonce and Jay-Z in a conference room at the White House yesterday. I wonder who would have visited John McCain if the election had had a different result?

Slow Day: I'm Resorting To Posting Guy In Chicken Suit

EMBED-Guy in Chicken Suit Pranks Wrong Class - Watch more free videos

Emergency Room Bill Updated At Bottom. Current Total: $4,476.83

If you recall, yesterday I asked you to guess the cost of a three hour emergency room visit for my very serious separated shoulder. There's your answer. This is the amount submitted to my insurance company. FYI, I buy my own health insurance from Blue Cross and it costs me about $300 a month (with a high deductible -- although I don't recall the amount right now.) So I'm not sure how much this bill will cost me out of pocket. And I still have the bill from the ER doctor and Radiologist to come. (I don't think the "Radiology" entry above is for the actual doctor -- just the use of the x-ray machine instead.) One question: What is that "Managed Care Adj[ustment]" thing at the bottom? I'll keep this post updated as time goes by as we all learn about health care in America. *************** Edit on 3/5/10: I've now received the doctor's bill from the emergency room. Question: Why is this sent to me instead of the insurance company? So I have to submit this bill directly to Blue Cross? I've got health care confusion. Edit #2: Wow, I completely missed this. The stub to include with the payment gives me an automatic 50% discount if I pay it all in cash. What a screwed up system.(And what's an EOB that was mentioned in the comments.)

Random Friday Morning Thoughts

• The lady who was shot in East Dallas yesterday morning looks to be the victim of a "hit". It was crazy: Man comes out of no where after she drops her kid off for school and guns her down. She drove a BMW (if that matters), and her husband was killed in Mexico last year.
• Somebody at the Messenger was up in the middle of the night to cover a wreck on 287 via photographs. They they even put it on the Update at 5:10 a.m. Has to be a coincidence. No one is getting out of bed to cover a generic wreck.
• Regarding the guy who was sentenced yesterday to 8 years in prison for DWI: If we just separate him from alcohol then he's the same as you and me, right? Is the only way to accomplish that to put him in a cage?
• I'm really liking the book Game Change. I had forgotten how far Obama trailed Hillary Clinton (by 33 pooints) in the early stages of the campaign.
• Looks like the Muhammad Ali impersonating Lady Bear basketball player will be suspended for two games.
• Irving is going to open the "red" parking lot to the public when Texas Stadium is imploded. I think I'll go. It comes down on April 13th.
• I flip over to WBAP sometimes during the many commercial breaks from The Ticket in the morning. Have they retired the horribly unfunny character "Sam from Sales?"
• I've never had an interest in American Idol. Don't we have enough generic pop singers in this world?
• Did you know you'll be moving your clocks forward one hour next weekend? Doesn't that seem a little quick?
• Heard this morning regarding the concept of prayer: "God is not Santa Claus."
• The #1 Google image search yesterday was "Jesus Arm Wrestling With Satan?"
• According to a story in the Star-Telegram today, every lake in the Trinity River Basin is full. Except Lake Bridgeport.
• It's always bugged me that the sign before the bridge in Runaway Bay says, "Bridgeport Lake."

Legal News From Across The State

A family sues the Pour House in Fort Worth for serving a cop who eventually caused a death in a DWI accident. The Plaintiff's attorney said, and I'm not making this up, "It's not about the money." In Houston this afternoon, a district judge declared the Texas death penalty unconstitutional. Wait, what? (Edit: For you legal minds out there, here's a blog explaining that the judge's specific ruling might not be able to be appealed.) And a Houston attorney provides ample evidence of why everyone hates lawyers. Incredible.

Verdict In DWI-Felony Case

Faced with a range of 2 to 10 years and with the option of probation, the Wise County jury handed down its sentence a couple of moments ago: 8 years and $5,000 fine. No probation. (That isn't going to help plea bargain offers.) Once the verdict was reached, but before court was reconvened, the defendant ran out on the balcony for a smoke. (Pic). I think his name is Richard McDuff who used to live in Rhome. I had thought the jury was in for a long day when I heard one of them speaking on the phone during a break say, "You can't get twelve people to agree on what day it is."

Better Video Of Baylor Girl Going Medieval On Tech Player

The recipient of the hit:

Business Card: Making The University Of Texas Proud

Story behind this guy.

Random Thursday Morning Thoughts

• My continuous pet peeve: Ads disguised as news stories. I think I saw two this morning on Fox 4. There was a "story" about Starbucks having a new 32 ounce drink and one about Pappasitos opening up at DFW airport.
• There was a brawl last night at the Tech/Baylor women's basketball game. I'm looking for the video but it sounds like a Baylor gal started it. Certainly it was justified. Has to be. Edit: Video. That girl is gonna get suspended.
• Testimony in Decatur court yesterday: There are 2,100 people on probation in Wise County. (With each of them paying $60 a month in probation fees, that's a lot of cash.)
• There's a business which allows you to text any question to them and they'll give you an answer for a $1? Who would be dumb enough to do that?
• Someone in the comments referred to the four restaurants that burned on Greenville Avenue as "beer joints." Uh, get out of Wise County much?
• Heard the craziest story yesterday at the courthouse of a functionally mentally retarded guy grabbing a midget Jehovah Witness solicitor off his doorstep and holding him two days in the closet because he thought he was an actual troll. I'm trying to get the details but that's insanely funny. Edit: Mzchief schools me in the comments.
• Sarah Palin wants the media to respect her family's privacy so much that now she's trying to get a reality show. Her 15 minutes are about up.
• The controversy over the kids being allowed to say a few commands as an air traffic controller (as his dad watched over him and told them what to say) is no controversy at all. But the Today Show has led with that story for two days in a row.
• That $53 million verdict against Perry Homes has received no news coverage whatsoever. I don't understand that.
• The contestants on Wheel Of Fortune always guess the puzzle before me. And with all the technology in the world, is there any job less necessary that Vanna White's?
• I want to see Palo Duro Canyon. But I don't want to drive there.

Courthouse News

A jury convicted a man of Felony-DWI today --- meaning he drove while intoxicated after having been convicted at least two times before of DWI. I checked on it and they are in the jury sentencing phase now. The options are 2 to 10 years in prison and then the decision as to whether the sentence should be probated. Edit: The defense lawyers are Jack Duffy and another guy (who has taken 99% of the lead) who I do not know. Both are out of Fort Worth.

Wednesday Afternoon Pick Me Up

Same Old. Same Old.

For almost a year, I've sporadically listened to Jeff Bolton on KLIF who has promoted BlowOutCongress.com -- a site which advocates defeating every incumbent in Congress regardless of party and regardless of merit. The whole idea is wacky on its face, but everyday the show would target an incumbent somewhere in the nation with this call to arms: At 11:00 a.m., all those supporting the movement would call or email the Congressman who was in the cross hairs and tell them "we aren't going to take it anymore, and we are targeting you for defeat." (Like that served any purpose whatsoever.) The talk show host is a right winger. The idea was so mindless that he even advocated the ousting of right winger Texas Rep. Jeb Hensarling one day. So how did it work in Texas last night? Nearly half of the 32 Texas congressional members faced an opponent. How many lost? None.

Last Week's Pro Golf Tournament Won . . . .

. . . because this gal went to the parking lot to retrieve a new driver to replace a cracked one for the eventual winner. (Link has additional pics.) Bestest. Girlfriend. Ever.

Random Wednesday Morning Thoughts

• Everyone I know doesn't like Rick Perry, but then he goes and pulls off an amazing win without a runoff when challenged by a popular sitting senator and a relatively popular Tea Party advocate.
• Texas Monthly said don't count him out for a run for the presidency in 2012. I wouldn't either. (And if you heard his victory speech, he sounded like he was already running.)
• Locally, I thought Paul Wood would beat Terry Ross. It was a close race, but I was certainly wrong about that.
• Those five propositions on the Republican ballot were just weird.
• I was sad to see District Clerk Cristy Fuqua lose the district clerk's bid. She's not a politician --- just a sweet and quiet lady who always does her job.
• I knew some folks that worked hard for the opponents of the DA in Tarrant and Denton County. But both incumbents won easily.
• The incumbent DA in Kaufman County, who was arrested for DWI in Dallas about a year ago, is headed for a runoff.
• Some people gripe about JP Terri Johnson, who won re-election last night, but I've never had any trouble with her. And if you want to see a lady who was relieved of stress, take a look at her picture today in the Messenger.
• Speaking of politics, I've started reading Game Change.
• Weird story in the Messenger today about a former employee suing the Wise County Tax Office for wrongful termination. Not sure why it's news now since the lawsuit was filed in November. But I found it odd that the Tax Assessor Collector said he was aware of the litigation. Edit: I'm told that the lawsuit was filed but no one was ever served.

Edit: Sheesh, people. Don't fire off comments that are just plain nasty or contain assertions of fact which we have no way of verifying.