11.16.2021

Random Tuesday Morning Thoughts




In November 2011, it had been one month since the wrongfully-convicted Michael Morton had been released from prison after 25 years, and we were finally beginning to find out about how a corrupt prosecutor's office can destroy lives.  One year later, Texas Monthly revealed all the jaw-dropping details in a two part series by Pamela Colloff which I've been begging you to read ever since. Former DA Ken Anderson would later become the only prosecutor ever jailed for spearheading a wrongful conviction and hiding evidence. He would serve nine days.




  • There was a double murder "of a man and a teenage boy" right in the middle of yesterday afternoon at a park at 820 and 377 in Haltom City.  It happened on a basketball court. And that's about all we know

  • If I'm arrested, I want to be as excited as Steve Bannon being arrested. He loves this.  

  • The jury in the Kyle Rittenhouse case is deliberating, but the preparation of the jury charge in the case, and its reading to the jury, made my head explode yesterday.
    • It is 36 pages long. It might as well be 1,000 because now the jury won't care about it. They are just going to do what they think is right. 
    • Before every instruction on self-defense, the charge began the paragraph with "Self defense is an issue in this case."  Good lord! I know what they are trying to say ("There has been some evidence admitted regarding self-defense and you need to judge its credibility and give it the weight you choose") but it reads like the judge is saying, "That self defense evidence you heard sounds pretty good to me! It's a real issue!"
    • In a bizarre moment, the judge stopped the reading of the charge mid-sentence, and then sent the jury out so he could talk to the lawyers about the wording. You guys had all weekend to work this out. And once it was finalized, there should be no more questions. 
    • As to the time given the lawyers for closing argument, the judge gave them two hours but said, "I really don't enforce it."  I've never hard that before. (Also, you ain't getting two hours in Texas. You probably aren't getting one hour.) 
    • The judge telling one of the attorneys that he wasn't timing the closing argument so he could have "gotten away with murder" might have been a poor choice of words to be uttered in a murder trial. Video.
  • Meanwhile, in Georgia in the Ahmaud Arbery trial, they showed the critical video stabilized and at half-speed. I'm not sure it is much better than the original video. (And I can't believe I'm saying this, but that could be a self-defense acquittal as well.)

  • The Tarrant County District Clerk is running for re-election again. He needs to be booted out because . . .  

    • . . . his office policy of never closing, even when an "historic winter storm" (his words) is coming, probably led to the death of one of his employees in that horrible I-35 pileup in February. 

  • Southlake Carroll is trying to avoid another "present both sides" of the Holocaust incident. 

  • It was big news yesterday that a Connecticut judge found crazy-man Alex Jones liable in a lawsuit brought by Sandy Hook victims as a sanction for discovery abuse.   I thought that sounded familiar and it was: The same thing happened in Texas by a judge in Austin just a month and a half ago.

  • America's most watched news channel:

  • WFAA had a feature on the crazy number of Brazilian bull riders in Decatur.

  • Virginia Tech got added to this list at 6:45 a.m. this morning. 

  • The lede reads, "The Denton Public Library on Monday canceled a children’s story time . . .  citing safety concerns for library patrons and staff. The library said it had received complaints from people who mistakenly believed the event included books about transgender children."  From it's website, I can kind of see where people got that impression.

  • Did they ever catch the Grand Prairie cobra?

11.15.2021

Random Monday Morning Thoughts




What I didn't mention at the time was that was my office parking lot. But it wasn't a client, and we didn't know who it was when we discovered it. 


  • Breaking.

  • Hospital won't let doctor treat COVID patient with a horse drug. Patient's family sues. Star-Telegram story:

  • I'm kind of surprised Steve Bannon got indicted for ignoring the subpoena from the January 6th committee. He should be, but AG Merrick Garland has primarily been asleep since January. 

  • I'm not sure I've ever seen a guy accused of a double murder just casually watching a video over a judge's shoulder. 

  • I wrote on Friday that if the Rittenhouse case were in Texas, the State would get the benefit of the "provoking the difficulty" law which could be used to negate self-defense. Well, lo and behold, the judge later on Friday announced he would give the State a "provoking the difficulty" instruction to be submitted to the jury.  But that law in Wisconsin (Section 939.48(2)) is so convoluted that I don't think it matters much. 

  • In Texas church news, we have a congregation chanting "Let's Go Brandon" in San Antonio. (Video.) Incredible. 

  • Speculation is beginning on who will run for D.A. in Tarrant County now that Sharen Wilson won't seek the office again. Some options will be better than others.  


  • Anyone else noticing that society is turning into a bunch of barbarians? 

  • Texas might (maybe, possibly, could) be having the beginning of a Winter Surge. Or not. This is new cases, not hospitalizations:  

  • 61 years ago yesterday:

  • Regarding that big infrastructure bill, it is now estimated that Texas will get $35 billion
  • How many times have I talked about rich people getting richer by building these things. Every single week I see another story. 

  • Three things I didn't expect to see on Saturday: (1) Baylor mauling OU, (2) Tech kicking a 62 yard field goal at the buzzer to win, and (3) What happened in Austin. Oh, my!  (The video taken by the parents of the Kansas player who caught the game winning pass is pretty great.)

  • Other people didn't expect on Friday to see the delivery truck for the Barry Sanders statue headed towards Stillwater taking a pit stop at Braum's. 

  • Jerry's got his fingers in a lot of pies.
  • The official Twitter account of the Atlanta Falcons has a sense of humor. 

  • Dak received a cut on his upper cheek during a celebration.  Video.


11.12.2021

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






Random Friday Morning Thoughts




Yep, the GM bailout in the financial crisis resulted in the federal government becoming an owner of the auto maker. Here is an update from December 9, 2013 which now answers my question:   "U.S. taxpayers no longer own any of automaker General Motors. The Treasury sold the last of its remaining 31.1 million GM shares today. It started with 500 million shares in 2010. The taxpayer loss on the GM bailout is $10.5 billion."


  • This is like a reverse A Time To Kill movie.  Video here. You can see the blonde attorney to his left die a little inside when he says it. Note to lawyer: It's a constitutionally protected public trial.

    • Trying more than one defendant at the same time can be really hard on the State, but it can also be a nightmare for a defense lawyer when the lawyer for the other defendant is a moron. 
  • Another courtroom head scratcher: The judge in the Rittenhouse trial had the jury give a round of applause for the defense's expert witness who was about to testify next. (Video.) I'll give him the benefit of the doubt that he didn't know he was the only veteran in the room. 

  • Look out.

  • Netflix has a documentary on Travis Scott which was released a couple of years ago.  Mrs. LL stumbled upon it last night and, after about 15 minutes, I got locked in as well even though I didn't even intend to watch it. It's fantastic.  The footage of his insane crowds (including the need for EMTs to come to their aid) is really incredible in light of what just happened. 

    • And what happened got worse yesterday.

  • This is from the Denton Record Chronicle crime blotter, and is very weird in several respects. 

  • She's not wrong. 

  • Very limited interest bullet point: (1) I'm still not over a freshman quarterback at TCU acting like the second coming of Roger Staubach against Baylor last weekend, and (2) Here's an aerial shot of Baylor's campus taken this week. I've heard about the horrible traffic on I-35 through Waco, and it's easy to spot why. You can see the ongoing construction and the planned expansion by the arrow in the bottom photo. Should be able to click to enlarge.


  • Fun fact: Did you know that the New York Giants played the 1973 and 1974 home games at Yale? The Cowboys (and Roger) played them in New Haven, Connecticut during this week in 1973.

  • A growing trend of work-from-home employees is the requirement that they install facial recognition software so the employer can verify they are actually working at their computer.  The red notice below accompanies an attorney job posting (which, by the way, pays $27 an hour for 50 hours a week.)  


    • Here's an example of the software:

  • Very legal nerd stuff: I've been thinking about how it's odd that Rittenhouse can arm himself with an AR-15 and travel across state lines to insert himself into a situation where violence was likely to occur, but still get self-defense protection just like he was an average innocent Joe walking down the street. Texas, at least, would give the State the benefit of having the jury instructed on "provoking the difficulty." 
    • That law basically says you forfeit self-defense protection if you bait someone into a situation where you can kill them in self-defense. 
    • To be specific, it says, "If a person by his own willful and wrongful act bring about the necessity of taking the life of another to prevent being killed himself, he cannot say or claim that such killing was in his own necessary self-defense, for the law then imputes to him his own wrong and its consequences." Smith v. State, 965 S.W.2d 509 (Tex.Crim.App. 1998)
    • The "willful or wrongful" act would be carrying the AR-15 as a minor in violation of Wisconsin law. Or it could even be breaking the curfew. 
  • Another mystery solved by forensic genetic genealogy DNA.  The group which cracked the DNA mystery is based in The Woodlands. Interestingly, it is the same group that solved the DNA mystery of "The Girl In The Pool" in Pecos, Texas, and the Carla Walker murder in Fort Worth. 

  • 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: 861 days.
  • Messenger: Above the Fold