11.17.2021

Random Wednesday Morning Thoughts




Still not a bad question.    

  • The judge let Kyle Rittenhouse randomly pick the 12 out of 16 jurors to decide his fate.  Odd? Not according to this judge who claims he's been letting defendants do it for 20 years. However, it looks like most judges in Wisconsin have their court clerk do the drawing.

    • That being said, the way Wisconsin handles alternative jurors is good. In Texas, you will see cases where two or four jurors are qualified as alternative jurors who have to hang around and listen to the evidence. But they know they are alternates and that if the trial gets all the way to the deliberations stage with the first 12 jurors selected still being intact, they'll be sent home.  So knowing they are alternates right from the start might cause them to not pay attention quite as much despite the fact they might be needed.  In Wisconsin, all the jurors have no idea who the alternatives will be until the 12 of 16 drawing takes place at the end of the evidence. 
  • Protestors outside of the courthouse in Wisconsin yesterday:
    "Their love was as forbidden as some books in a library in the South."

  • When you can tell a reporter hasn't attended a typical criminal court docket before:

  • That's a heck of a picture from Lewisville yesterday for there to be no serious injuries. 

  • If you think that Laura Ingraham "who's-on-first" type of video wasn't preplanned and staged, you are a gullible person. Those two have been doing bits like that for years. Example.

     
  • Well, that was quick. And oil is at $80.23 this morning.  

  • Nothing to see here: Just the judge and the prosecutors hanging out together and watching a jury deliberate on live video (without sound.)  But now there's a problem. There still has to be a punishment phase because the jury found the defendant guilty on one of the charges. (Ironically, the DA was watching the jurors deciding to find the defendant not guilty on the most serious charges of murder and aggravated assault.)  The judge has now recused himself. 

    • But the DA needs to recuse his office as well.  Just by watching the deliberations, they've learned valuable information that they should not know.  For instance, you could determine from the video who was the leader(s) of the jury panel -- those who are most animated and doing all the talking. So you go back and look at their juror information (and even their social media) and then tailor your punishment phase presentation for him or her. 
  • This feels a lot like right before the Dot Com Bubble burst around 2000. This is a 20 year deal for $700 million. 

  • Some guy in Fort Worth named John Sellers threw a 40th birthday party for himself. That's normally not newsworthy, but this guy rented the Fort Worth Zoo and hired Pearl Jam to play a private concert for the shindig.  

    • He and his buddy sold their energy company for  $6.4 billion earlier this year. But, wait, there's more. In 2017 they "sold their previous iteration of their company to Parsley Energy, for $2.8 billion, half cash, half stock." Good lord.
    • So is he a "self made man"? I don't know. But this sentence about how he got started from his self-written profile got my attention.  "Cody Campbell was still playing football [while in college], but the two of us built a real-estate development company with one other partner. We raised money through friends and family. We built a subdivision in Lubbock, some hotels, apartment complexes, senior housing."
  • Rolling Stone profiles a couple of Texas Sheriffs. One is from Clay County. (In a related story, Politico had a feature late last year about how Oath Keeper disciples were infiltrating Hood County law enforcement.) 

  • Former SMU coach Bobby Collins has died. He was fired in 1987 and never coached again. In fact, it's almost next to impossible to find out what he has been doing for the last 30+ years. (If you ever get a chance to watch Pony Excess from ESPN's 30 for 30 collection, do it.)

  • Those headlines will get your attention. 

  • A funny comment I read about this new Netflix show is that "Eight strangers are living together in Austin because that's the only way they can afford to live there." 

  • This picture of a lynching in downtown Dallas goes with the "This is a huge Step" headline on the cover of the Dallas Morning News, below. It was actually a postcard!

  • Messenger: Above the Fold

at 8:29 AM

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?

at 8:31 AM

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.


at 8:30 AM

11.12.2021

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

at 2:30 PM
Subscribe to: Posts (Atom)