Get Me This Monkey

I Predicted Wrong On This One (Edit: I Was Only Half Wrong)

I even listened to the oral arguments.

But be clear: This has nothing to do with DWI prosecution (regardless of how MADD has lied over the last few weeks in an effort to get money). The Supreme Court reviewed a couple of state laws that made it a crime to simply refuse a breath or blood test after you were arrested for DWI even if you weren't guilty of DWI. As for DWI prosecutions, nothing has changed.  (But it is a blow to the "implied consent" terminology -- the myth that you have somehow agreed to voluntarily provide a sample of breath or blood if arrested for DWI. You have agreed to no such thing.)

Huge Edit: Hold the phone. I just read the opinion. I think the AP was a little off on the headline. It looks like a State can make it a crime to refuse a breath test but cannot make it a crime to refuse a blood test.

(For criminal lawyers, DWI cops, and eggheads only: A huge underlying holding in the case is that police do not need a warrant to get a breath test. That's amazing. But there are two problems. First, you can't logistically force someone to provide a breath sample. That is, if someone doesn't want to blow, you can't make them blow. (The Intoxilyzer needs several seconds of continuous breath.) Secondly, Texas still has a statutory scheme requiring that a warning be read (DIC-24) and a person be asked to provide a sample. Those laws are still in effect and can't be bypassed. The only crazy scenario I can come up with is that the police don't read the DIC-24, take someone to the jail, tell them to blow into the new Intoxilyzer, and the person complies. The State will argue that the results should be admissible because there is no requirement for a warrant plus the smaple was provided with consent -- although they have to concede there will be no driver's license consequences because the DIC-24 wasn't read. The defense will argue that no evidence is admissible under art. 38.23 if there is any violation of the law and, since the DIC-24 wasn't read, there is a state law violation.)

Wise County Art

Behind the Visitor's Center off of the square.

Random Thursday Morning Thoughts

• A Tennessee guy is running for Congress under the campaign slogan, "Make America White Again".
• The Chewbacca lady will throw out the first pitch at a Grand Prairie Airhogs game this weekend. At least she's down to a spare minor league baseball game. Her time in the spotlight is finally on its last legs.
• The dad in Melissa who has been arrested in the death of his baby who was left in the hot car tried to save it by putting the child in the refrigerator. What a horrific experience. (The police charged him with Manslaughter which proves they have never even remotely looked up or understand the definition of "reckless" in the the Texas Penal Code.)
• There was another child left in a car yesterday in the metroplex but the child survived. Cops called that just an "accident". 
• The Grapevine Mills Mall will get a new anchor, Fieldhouse USA, which is a "106,000-square-foot facility [which includes] nine basketball and nine volleyball courts, offering year-round league play in team sports such as basketball, volleyball and indoor soccer. The company said the venue will also host performance training, all-sports camps, baseball/softball, birthday parties, boot camps, cheerleading, club volleyball, corporate events, dodgeball, lock-ins, skills training, taekwondo, and tumble." That concept sounds like it would work. But, if so, why there aren't more of them?
• The word "taekwondo" has caused this image to be stuck in my head: 
  
• The House Democrats staged a sit in on the House floor yesterday in response to the lack of gun control legislation. The Republican response was to shut off the CSPAN cameras which only led to more media coverage via Periscope. I think we have a shortage of competent PR advisers in this country. 
• Johnny Football was the alleged victim of a hit and run in Dallas this week. Junior Miller of the Ticket pointed out this morning, "He's like a vampire. You only hear about what happens to him at night." 
• I'm four episodes into Game of Thrones, and I might be hooked. It dawned on me that it has the feel and substance of the action scenes of the very underrated Sucker Punch film (it was big on swords and even had a fire breathing dragon). And I'm a fan of 300. And Gladiator. Oh, dear, I like gladiator movies. 
• Anybody see a trend? (Source):
  
• 
  
• Sad bit of irony: The Argyle Fire Department chief had his house burn down this week.
• The coast guard is looking for a missing family off the coast of Florida. They were in a 29 foot sailboat that "the family had lived on  . . . for about a year." I googled "29 foot sailboat". Those are big boats but I'm not sure I would want to live on one. And I dang sure wouldn't want to live on it with three other people. 
• California cheerleader charged in homeless man's death. 
  
• Yep, same girl.
• Jim Schultz from the Dallas Observer yesterday: "I had dinner with an attorney who said he thought few people appreciate that the district attorney holds the most powerful elected office in the county. I do know, because I know that a reporter can spend months compiling irrefutable evidence of a person’s criminality, then ask the DA why he or she refuses to seek an indictment, only to be told honestly, 'Because I don’t feel like it.' The office of DA is one of those full-stop points in the local power structure. The person holding that office can say, 'I rule that your traffic accident was an indictable homicide.' Or not. And there you have it."
• I mention the Rangers for the first time all season yesterday and then news comes that Derek Holland is placed on the DL and Colby Lewis will miss two months. The Liberally Lean curse continues. 

Picture Of The Day: Cleveland Victory Parade

Ummm…😳 (via @mcten) pic.twitter.com/WWGzB5JAO6

— Bleacher Report (@BleacherReport) June 22, 2016

There's A Lot Going On Here

Obviously Falsely Accused

'Bikini bandit' on the loose in Southern California https://t.co/EJQ6aE9rhX pic.twitter.com/fbahjVbXyF

— Fox News (@FoxNews) June 22, 2016

Above The Fold

Full page pdf.

Random Wednesday Morning Thoughts

• If I'm Dirk, I jump at the chance to go to Golden State. Why stick around with Dallas? He doesn't owe them. They owe him.
• As with all recent presidential elections, it comes down to Pennsylvania, Ohio, and Florida. Trump needs all three. Clinton can win the presidency with just Florida. Fox News reported she has a massive lead there of 47-39 percent. (Hispanics and Latinos make up almost 1 in every 4 Floridians.)
• On the rumored three person short list for Hillary's VP is Texas' Julian Castro.  Let me call your attention to a random thought on Liberally Lean from April 1, 2015: "Hillary should select one of the Texas Castro brothers as her vice president nominee. She won't win Texas even if she did, but it could awaken the Hispanic electorate in general. And once they are awakened, it's game over. Not just this election but for years to come." #MeEqualsPoliticalGenius
• I'm a huge fan of Texas Monthly's Skip Hollandsworth and enjoyed an excerpt of his new book about an Austin serial killer in the 1880s. He will talk about the book today at an odd place: Highland Park United Methodist Church. 
• TCU might just win the baseball National Championship. 
• I saw that our County Judge is reading Empire of the Summer Moon. A fantastic book with a history lesson relevant to Wise County.
• Austin's transportation department went undercover to catch underground ride-sharing drivers they say violate city code. Cars were towed and fines were issued. I may have to change my saying from "Too many cops" to "Too many cops and wannabe cops."
• Robert Jeffress, my nemesis from FBC of Dallas, is all over Fox News these days and is constantly promoting his appearances on Twitter. He did so this morning so I did a quick look at a few of his followers who had immediately "liked" his tweet. One was from Heather Jones whose profile reads, "I believe Jesus has saved my soul and Donald J Trump will save America."
• I always make fun of WBAP's Hal Jay and The Ticket poked him with a stick this morning as he was confused about the Orlando Massacre thinking that the shooter had contracted AIDS from a Latino. Notable quotes: "He was a gay Muslim with AIDS" and "He's just mad that a Latino gave him AIDS."
• I laughed at the comment yesterday taking me to task for liking the Ticket because it's "nothing but a bunch of old guys over 40." (Paraphrasing.)  The Ticket has a character named "Dylan the Attitudinal Teen" who would say something like that. 
• We had a horrible case up in Melissa where a baby was left in a hot car and died. Note to cops: You didn't have to immediately arrest the guy. Let him grieve for 48 hours, get a warrant, call him, and let him turn himself in. It's a procedure that happens all the time. 
• I didn't watch the USMNT soccer game last night against Argentina, and I'm glad I didn't. All that time and the U.S. didn't have one single shot on goal.
• I think you should at least have to show your G.E.D. before using the word "Libtard".
• So how many same sex marriage licenses has Wise County issued? It's coming up on the one year anniversary of the Supreme Court decision. 
• “It’s rare that you see someone get stupider before your eyes . . . .” - Mark Cuban on Donald Trump.
• Knee-jerk reaction: This doesn't look like a kid who would drown . . .
  

Chinese Bank Employee Punishment

"When I tell you to push those money market accounts, I mean push those accounts!!"

Story.

Trump Announces His "Evangelical Outreach Board"

I've noted the names which got my attention. How did Joel Osteen, Ed Young, and Rick Warren not make the cut? And I would have thrown in Ernest Angley to get the nostalgia vote.

(Graphics compliments of Liberally Lean Art and Graphics Department. All rights reserved.).

Presidential Twitter Wars

Random Crime Stats: Felony Cases Pending In Texas District Courts

County                            Population  Pending

That really is insane. Texas counties with basically the same population but with a vast different amount of pending felony cases as of 8/31/15 -- last stats available. (District court data source)

Starr County sticks out. I thought for a second that perhaps by some fluke that the district court had misdemeanor jurisdiction as well. Nope. They have 2,866 misdemeanors pending in other courts. (County data source).  Get this: Wise County has 666 misdemeanors pending!!!

A Happy Gilmore Tribute -- Made Me Laugh

Next to tee off, Odell Beckham Jr. 😂 (via @SeanTMcMann)https://t.co/CIDK53sqM0

— Bleacher Report (@BleacherReport) June 21, 2016

He does other things well, too:

Random Tuesday Morning Thoughts

• I preached all during the primary that the Trump campaign was going to cause the implosion of the Republican Party at the national level. Now it is happening. Dissension among the rank and file. Trump fired his campaign manager a month before the convention. Trump is low on campaign cash ($1 million to Clinton's $42 million). And the all important minority voting block is revolting.  This election is basically over and the GOP better worry about long term damage.
• The Senate voted on gun control amendments to an appropriations bill yesterday. All failed. In fact, more people died in the Orlando shooting than those who voted for the bills.
• It took me a few hours to realize the actor who died in a freak accident, Anton Yelchin, who played Chekov in Star Trek was the young actor and not the Chekov from the original series. I remember him most from the great Alpha Dog.
• Random Trivia: The original Chekov character was played by Walter Koenig, 79, who got the role, in part, because he looked like the Monkee's Davy Jones. In fact, he even wore a mop-top type wig in the original series to accentuate the look.
• I've not mentioned much about the Rangers (9.5 game lead in the West this morning) because I'm beaten down by the fact there are 91 games to play. The last regular season game is on October 2nd. 
• Someone asked me yesterday why I link to a page of Google News search results when I mention a news story. Answer: I figure if you are interested enough to click on the link that you'd rather pick your own source than read a particular story that I handpicked for you. I'm fair and balanced that way. 
• BagOfNothing's odd story of the morning: He once played football with a teammate who had a baby arm. (Ticket fans just laughed. The rest of you will be offended by that reference. And I'm now telling Mrs. LL there used to be a Baby Arm geocache -- she will be giddy about the news.)
• "I want to emphasize once again that the main reason I’m doing this is that I refuse to ruin the lives of two young men who have spent their adolescence and teenage years, working and sweating, while we were all in the air conditioning." - A DA in Alabama Louisiana on his decision not to indict two Crimson Tide football players on dope and gun charges. 
• Yesterday, the Supreme Court allowed evidence to be used against a defendant even though the person had been illegally detained. It's not necessarily ground-breaking but does involve something I hate: A "three-prong test" with a "cost-benefit" analysis. I feel sorry for any prosecutor who actually reads the case and has to advise the police. The only thing he can say is, "Yeah, the courts might bail you out from time to time but don't think you can go out there and stop people without a reason and always get away with it." 
• A 13 year old died at a Southlake ISD swim practice. How does that happen? There were 24 students in the pool and two coaches on watch. 
• Dallas DA Susan Hawk is on her third "leave of absence" for depression.  She needs to resign - not because of mental health issues but because the office can apparently run just fine without her. It actually is a pretty good case study that the office needs to be an appointed position instead of an elected position. (Side note: I get hypnotized by Hawk's duck lips.)
• DFW news this morning: "A semi driver followed a man he thought stole another semi. Alleged thief was hit, killed by the 1st semi driver." I hope, at the very least, that the guy actually stole the semi. That being said, I'm not sure he deserved a privately imposed death penalty for stealing a truck. Maybe there's more to it. 

At Around Lunch Time: Not Good

PIC - Major accident involving an 18 wheeler dangling off bridge on WB NW Loop 820 near Bus287. (Pic: Tom Miller) pic.twitter.com/1bjP6FqEXj

— DFW Scanner (@DFWscanner) June 20, 2016

Tranquility Amongst The Chaos

Walmart Fireworks

Walmart sells fireworks?