- Some of the images I found of the hail in Keller last night are reminiscent of Fort Worth's Mayfest 1995.
- Images from President Biden address to the joint session of Congress last night.
- Two women behind him. That's never happened before.
- Cruz was dreaming of Cancun as he dosed off. Video.
- Compare and contrast.
- Fox and Friends found some grumpy Trumpers having breakfast in Pilot Point before 6:00 a.m. this morning to criticize the President:
- The story below gives me another reason to yell about Medical Examiner's: They should never rule a death a "homicide." First, that declaration from an ME only means that he believes the death was caused at the hands of another human being. That could be because of murder, negligence, or a complete accident. It has nothing to do with intent. Secondly, ruling something a "homicide" also has nothing to do with the medical cause of death which is the only expertise an ME has. That is, he can tell me a body ceased to function because of a bullet pieced someone's heart, but he has no idea from examining a body as to whether someone else caused that bullet to enter the body.
- That sentencing hearing in the district court in Decatur yesterday actually took place. The guy got 40 years. (CR21856)
- I'm not a fan of federal prosecutions for what should be state crimes -- especially when a state prosecution has already begun.
- I finally watched the oral arguments in the Amber Guyger appeal and have some hot opinions:
- There is almost a 100% chance the conviction will be affirmed.
- The problem on appeal, and I mentioned this at the time of the trial, is that the trial judge gave her almost everything she wanted which leaves almost nothing for appeal.
- The only real argument that Guyger's lawyer has made is that she was mistaken about which apartment she was in so this "mistake of fact" should cause the evidence to be considered insufficient to convict for murder. But I could tell from the court's questions that their position was: This isn't a "mistake of fact" case but a "self-defense" case. That is, in considering self-defense, the jury could take into consideration the evidence that she believed she was in the the wrong apartment and felt she was in apparent danger, but the jury rejected self-defense.
- Here's the problem for Guyger: Maybe the jury believed her claim she was in the wrong apartment yet didn't believe she needed to use lethal deadly force in her believe of self-defense. Bottom line: That's a rational finding by the jury and the appellate court isn't going to touch it.
- Any defendant's best shot is in the trial court with the jury. If convicted, it's all uphill after that and that hill might was well be Mount Everest.
- The only thing that Guyger didn't get at trial was that the judge excluded the testimony of the Texas Ranger who said he did not believe the case even met the the "probable cause to arrest" standard. But her lawyer did not make this a Point of Error on appeal so the court won't even consider it.
- Her appellate lawyer seems to be well respected but some things he did were weird. For example, when it came for his chance to rebut the State's argument (Guyger's lawyer has the right to go first and last), he completely declined! That's unheard of. He got 20 total minutes to save Amber Guyger from 10 years in prison and he didn't use his remaining five minutes.
- A very nit picky thing he did was to start off the argument by reciting the cause number of the indictment. Uh, who cares, the Court already knows it, and that's not an attention grabbing opening line.
- The lawyer for the DA's office, Doug Gladden, was very, very good.
- You know Guyger is in trouble when one judge complimented Gladden on his brief and the font he used. Really.
- The Court took the video of the hearing down yesterday (which seems wrong), but have kept the audio up here.
- Rudy Giuliani's apartment in Manhattan was searched by the Feds yesterday. I would hope that a "detached and neutral" federal judge found "probable cause" to believe "evidence of a crime" was there, but I have no faith in the system to believe those legal requirements were met. On a lighter note, the most famous landscaping company in America weighed in with a little comedy:
- Funny weather graphic out of Houston to explain the difference between a watch and an warning.
- I was trying to figure out who new reporter Peyton Yager on Fox 4 replaced, and I'm guessing it it is Allison Harris who has become a D.C. reporter for the new (and struggling) NewsNation.
- These two photos of Uptown in Dallas around the AAC taken 20 years apart are really amazing. Click here to see the enlarged photos and easily flip back and forth.
- The Musers on The Ticket named Rod Hill, drafted by the Cowboys in the first round in 1982, as the worst draft pick of all metroplex teams in history. I brought his name up to Gil Brandt, the man responsible for the pick, on Twitter 10 years ago and got blocked. It may have been my first block ever.
4.29.2021
Random Thursday Morning Thoughts
4.28.2021
Random Wednesday Morning Thoughts
Exactly 10 years ago yesterday, we were dealing with this silliness. The White House link is still active.
- The media trying to cover the oral arguments in Amber Guyger's appeal yesterday found out just how unexciting oral arguments are. (You can watch a recording of it here.)
- DPS needs to come clean with what happened in Haslet on Friday. An plain-clothes DPS "special agent" was shot as he was approaching a house by a guy who didn't know who he was. In fact, the shooter had actually called 911 about being followed and by a "man with a gun." The officer survived, but the shooter hasn't been charged. But on Friday DPS spokesperson Lt. Lonny Haschel kept referring to the shooter as "a suspect" and said he was "in custody." I wonder if the DPS agent followed the wrong guy and almost scared him to death. There's more to this story than they are telling.
- I know absolutely nothing about the case below, but it has been set for a relatively unusual "sentencing hearing" in the Decatur district court yesterday and today. Look at how old the offense dates are.
- I'm telling you, everyone in the Tarrant County Medical Examiner's Office is going to be fired after all is said and done. The local defense bar is now rightly demanding an independent investigation into the office's recent screw-ups.
- Not getting the vaccine is a political statement. It's an attitude of (1) COVID was overblown, (2) big government used it as an excuse to take away my rights, (3) the liberal media used it to help defeat Trump, so (4) I'm not doing anything that "they" tell me to now. Either that, or you believe the government wants to secretly implant you with a computer tracking device.
- I still haven't rehired my Liberally Lean Weather Staff after their failed snow predictions over the past year, so I had to steal this graphic for today. This is updated as of 8:00 a.m. Edit: Frankie has issued a warning for today.
- Crazy Randy Quaid has announced he may run for governor in California. Yet he, just like Caitlyn Jenner, incorrectly thinks that the governor appoints district attorneys.
- The family of Marvin Scott wants the names of the jailers in Collin County who were involved in his death after those jailers "tried to strap him to a restraint bed, pepper-sprayed him and covered his face with a spit hood until he became unresponsive." But the Sheriff won't give up the names. As every law enforcement officer does when they try to hide something, the Sheriff has requested an Attorney General's opinion on whether they had to release the information. There is a slight Wise County connection, however: The Sheriff submitted "a written statement to the attorney general’s office from Texas Ranger Jeremy Wallace that said release of the names 'would interfere with the Custodial Death investigation and potential future prosecution of crime/crimes related.'" Ranger Wallace used to be assigned to Wise County and assisted the Wise County Sheriff's Office in the Aric Maxwell/Lauren Whitener case.
- Random old photo that appeared on Twitter last night: WFAA's Dale Hansen with some extremely short shorts.
- The Musers on The Ticket were talking about this "revenge porn" case this morning and, infuriatingly so, they were in favor of the lady being sent to prison. (Long time readers know I think there is a huge First Amendment issue with revenge porn statues, and I have predicted that the Texas Court of Appeals is about to strike down the Texas revenge porn statute in this case.) Anyway, host Gordon Keith agreed with the sentence saying "you can't be doing that" because "the pictures were sent with an expectation of privacy." Host Craig Miller agreed, but added how he thinks it's nuts to send nude photos to someone because "it will come back to haunt you." So which is it? If you send nude photos to someone, do you have an expectation of privacy or do you know it can come back to haunt you?
- For those that think it is wrong for the woman to share the photos: Do you think it should be a crime if she had simply described the photos to her friend in excruciating detail? Should the government be able to put you in a cage for that?
- Remember the couple attacked by the bobcat in the viral video? Well, I always heard that rabies shots were painful, and the couple now attests to the fact in a recent article in USA Today. As to the number they had to take, they "had to get single shots in the arm five times after the initial shots, which totaled 35 shots in 14 days." (That's a confusing way to describe it.)
- A crazy Georgia Sheriff was indicted for civil rights violations with emphasis on a special "restraint chair" that he used. One of the allegations involve arresting a guy for "harassment" who had called one of the sheriff's deputies to collect on a lawn care debt. After his arrest, he was then strapped in the chair. It's all insane.
- Messenger: Above the Fold
4.27.2021
Random Tuesday Morning Thoughts
That bullet point from 10 years ago (4/26/2011 to be exact) is really relevant today. In case you missed it, last week "Wise County Judge J.D. Clark and Weatherford College President Tod Farmer announced Wednesday the refinancing of the $22.5 million of bonds left on the construction of the campus, with a drastic cut in the interest rate from between 7 and 8 percent to 2.36 percent."
- I heard that Wise County will purchase four drones for around $35,000 or so. Those things are amazing and useful, but I'm not sure why we need four of them.
- States gaining and states losing representatives after the 2020 census results were announced yesterday:
- Quick loading video of a car exploding on 114 in Southlake yesterday. It's pretty amazing, and this screenshot captures just the beginning:
- There are lots of allegations of a lobbyist in Austin using a date rape drug on a "legislative staffer." I looked at the stories in the Dallas Morning News and Texas Tribune and they didn't name the lobbyist. But the conservative Texas Scorecard, founded by the Empower Texans PAC, outed the alleged wrongdoer. They better be right.
- Dallas Cowboy Sean Lee has retired. He appeared in all 16 games only once in his eleven seasons. For every two games he played, he missed one.
- The State Bar of Texas sends out an online newsletter out every day. I question their sources when they include stories that erroneously treat appellate arguments like trials. (Incarcerated defendants never appear at oral arguments on appeal nor are there ever "witnesses" at the Supreme Court or any other appellate court.)
- How many racist stereotypes do you have to hold to believe this?
- Legal stuff: The Supreme Court yesterday agreed to hear a case on whether New York's onerous (or vague) requirement before obtaining a concealed carry permit for handguns is constitutional. (New York requires proof of an "actual and articulable" need before they will issue a license.)
- There is no question the Supreme Court will say that the States have the right to require a license in order to carry, but will they say that the requirements to obtain that license can't be too strict? That's the question.
- Here is what Scalia said when he authored the last big gun case in Heller in 2008 -- State's restricting the right to concealed carry is well settled:
- But could the Supreme Court say that the States, if they are so inclined, can prohibit concealed carry completely either by doing so expressly or making the requirements so tough that its the functional equivalent of a complete ban? I mean, in order to strike down the New York law, they'll have to say a person has a constitutional right to carry which is only subject to reasonable restrictions.
- I'd think that the Trump dominant Court will rule against New York, but that's not a no-brainer. The Supreme Court isn't exactly the NRA.
- Law school applications have soared this year. Editor's note: Don't do it.
- No, President Biden is not limiting beef consumption, and VP Kamala Harris' book is not being handed out to immigrants at the border. Sheesh.
4.26.2021
Random Monday Morning Thoughts
The deputy's name was Clifton Taylor, age 31. He had responded with other deputies to a domestic disturbance near Venus and was told the subject of the call was in a shed in the back. They went to it and opened the door, and the man inside "says, 'I can't,' and then he comes up with a gun and opens fire." The man, Wesley Davis, was killed by other deputes. A portion of I-35 near Alvarado to Burleson was renamed in his Taylor's honor in 2017.
- There was lots of blowback last year from COVID deniers as to what constituted a "COVID death." But now we have pretty dramatic proof of the power of the virus. Just look at the total raw death numbers in America per year. For the last four years we've tallied, 2.8 million, 2.8 million, 2.9 million, and then jumped to 3.5 million last year.
- After 21 years and three national championships at Baylor, women's basketball coach Kim Mulkey, 58, is leaving for LSU. Even though Mulkey is a Louisiana girl, I really don't understand this at all. Then again, if you're bored and want a new challenge, knock yourself out. But this might not work out like she thinks it will.
- In kind of unrelated yet interesting connection, Mulkey got into it on the court in 2006 with the LSU women's coach at the time, Pokey Chatman, who had said something to Mulkey which pissed her off before the game. What was said? We still don't know. But Mulkey said later, "You don't say things like that. She hasn't earned the right to say something like that to me" because "she hasn't been coaching long enough." Chatman, despite being a fantastic coach, was fired the next year because of an "alleged inappropriate sexual relationship between Chatman and a former player." Even back then, the Waco paper speculated then that LSU would come calling, but they didn't. They sure did now.
- On Friday, a tornado(s) near Lockett (southwest of Vernon) combined with a rainbow for some fantastic photos. There's a bunch of them out there.
- A couple of Trump Insurrectionists from Montague County have been arrested.
- A small town Texas mayor had a bad night. Probably the most interesting tidbit is that he was arrested by his own police department.
- I've got lots of questions about this story. "[The little league coach] was working his nightshift in Dallas when he walked out to find his van up in flames" in the parking lot. He says someone stole the team's gear out of it. (Fox 4's report on Youtube is here.) A GoFundMe page, set up an assistant coach, has been set up here with the note "***Any excess funds will go towards a new vehicle for the Marlowe’s as insurance will not be covering a replacement.***"
- Arkansas Sen. Tom Cotten weighed in on D.C. statehood. Why doesn't he just come out and say Wyoming is white and D.C. is black?
- Transgendered Caitlyn Jenner will run as a Republican in the California governor recall race. Regarding the issues, she might want to first figure out that District Attorney's are elected and were not appointed by current governor Gavin Newsome.
- This scam for birthday gifts would not worth the potential payoff.
- For some reason I watch the remake of True Grit this weekend. Thoughts: I think I like anything that has Jeff Bridges in it, Matt Damon can't act, and that was a tiny, tiny role for Josh Brolin.
- The movie also had the most accurate courtroom scene ever as it depicted the futility of objecting to leading questions even when you are right.
- Today at 2:00 p.m., the Census Bureau will announce new state populations which will change how many representatives an how many votes in the electoral college each state gets. That's a big deal.
4.23.2021
It's Friday -- Let's Get Out of Here
Best dad ever.. 😎 pic.twitter.com/RQCesYMfYO
— Buitengebieden (@buitengebieden_) April 18, 2021
Obsessed with this dog crashing a high school track race and going for the W.pic.twitter.com/Oqa9FCATlb
— Jan Wolfe (@JanNWolfe) April 23, 2021
poor guy lose his nachos AND his home run ball. pic.twitter.com/3UEOz5hN4J
— Cut4 (@Cut4) April 22, 2021
Im so happy that this person was able to save this sheep from being stuck😳.pic.twitter.com/XYKrz6FK6k
— General⭐️⭐️⭐️⭐️🇺🇸🦅 (@TheGeneral_0) April 18, 2021
he was so mad lmaoo pic.twitter.com/lriW0wHyqI
— D (@kingdeficit) April 21, 2021
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