9.26.2023

Random Tuesday Morning Thoughts






This recording-a-coach-in-a-locker room case involved Argyle ISD. Story. Man, I ended up being right about the prosecutor screwing up by not getting a waiver of appeal. She appealed to the appellate court (and won - conviction reversed) which caused the State to have to appeal to the Texas Court of Criminal Appeals (where she lost and conviction reinstated, 6-3) and then she appealed to the U.S. Court (which refused to hear the case). Sheesh. That's a lot of work. 

  • Wise County Judge J.D. Clark posted this fantastic picture of the district courtroom's current state of restoration. There will eventually be balconies on both sides. By the way, that's a wide angle lens which makes the room look smaller than it is. From front to back, I'm guessing it is 40 to 50 feet deep.

  • New this morning. I probably wouldn't have done that it I were him.  

  • From the campaign trail:
    • During a campaign stop to appeal to gun-lovers, Trump said on camera yesterday that he wanted to purchase this gun. The problem is, as an indicted felon, he can't legally buy a gun. The law applies to anyone under state or federal indictment for any felony. See 18 U.S.C. § 922(n).

      • But he would have had a defense based upon a Trump appointed federal judge's opinion. Flashback:

    • Trump talking about windmills and whales was far more bizarre than I expected. (37 second video). Close your eyes and you would think it's a comedian doing an impersonation. 

  • Now that the Ken Paxton's impeachment trial is over, everyone still wants their money.


  • The near future will be very weird. 


  • Let me tell you, I find something mysteriously attractive about this lady.

  • Extremely nerdy legal stuff: There's a typo in a recent Court of Criminal Appeals opinion. It's "canons" not "cannons." It's authored by Presiding Judge Keller. 

  • Very random sports fact I missed: The Cowboy's cut QB Will Grier, even after a fantastic last pre-season game, to make room for Trey Lance. Last week, the New England Patriots, who play the Cowboys this week, signed Grier to the practice squad.

at 8:31 AM

9.25.2023

Random Monday Morning Thoughts




That was, in fact, a tremendous joke.

  • This is interesting. The Decatur ISD is advertising on social media that the upcoming bond election will not involve a tax increase even though the language on the ballot is required to say that it will be a tax increase. 

  • Tarrant County not guilty verdicts: 
    • On Friday, a jury found a defendant not guilty in a capital murder case in Tarrant County. A guilty verdict would have resulted in an automatic life sentence. The jury also rejected the lesser included offenses of murder, manslaughter, aggravated assault and deadly conduct. It was a wonky case where the victims were running a prostitution business out of their house and one of them died from his injuries almost five years after the shooting -- a shooting which the jury ruled was in self-defense. Defense lawyers were Mark Daniel and Matthew Smid. Prosecutors were Allenna Bangs and Samantha Fant.

    • There's no news story about it, but I also noticed there was another not guilty verdict in a Tarrant County trial of a man charged with Continuous Sexual Abuse of a Child Under 14. Defense lawyers were Rob Hayden and Rob Cowie. Prosecutors were listed as "P Nguyen" and "M Blair" (The Tarrant County D.A. Trial Board, where I got the info, no longer lists the full names of prosecutors.)

  • Curious Friday news dump announcement by a guy whose party affiliation doesn't even show up on a municipal ballot. And he can't run for Dallas Mayor again anyway due to term limits. He's up to something. 

  • Trump over the weekend called for (1) the execution of the Joint Chiefs of Staff that he appointed, Gen. Mark Milley, and (2) that next time his administration would shut down NBC because he doesn't like their coverage. You know, normal American values.  He's dangerous and deranged, and I cannot believe that I am watching Hitler reincarnated right before my eyes. 

  • The crazy Trump judge out of Amarillo, Matthew Kacsmaryk, who single handedly outlawed the abortion pill, ruled late last week that guys dressing up as girls is not free speech.  This is laughably wrong but, if affirmed, it is where we are heading.

  • A faithful reader tipped me off to this review in Texas Monthly of a restaurant in . . . wait for it . . . Newark, Texas. That does look like a tasty burger. 

  • Jerry better be careful or Ultra MAGA will turn on him for stunts like this. Side note: What's Chris Christie doing in Arizona?

  • The craziest screenshot from any college game came from Aggie/Auburn. Video.

  • Odd Media observation: I noticed that a reporter for the Wise County Messenger has a side gig writing for the Pro Football Network covering the Denver Broncos.

  • Ticket fans: Dan and Jake are in a long feature story in the Washington Post this morning. (Free link) By the way, here is the court's order where they won The Ticket's attempt to stop immediately stop their podcast - a full opinion will be written which should be juicy.

  • Usher will perform at halftime in the Super Bowl which will be in Las Vegas. Not a bad choice. 



at 8:30 AM

9.22.2023

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

at 2:30 PM

Random Friday Morning Thoughts




From the 9/20/13 issue of Dallas Morning News. Patrick was running for Lt. Governor for the first time. 

  • Breaking minutes ago: U.S. Senator indicted. Background. It appears to be a bribery charge involving gold bars.  

  • The strategy was to plead guilty and go to the jury for punishment hoping for a little mercy. With a punishment range from  probation to up to 40 years, he received the maximum. 

  • This was horrible yesterday: 

    • And the video of the body from the hospital to the funeral home was quite the moving scene. Video.

  • ProPublica has yet another piece on the sleazy dealings of Justice Clarence Thomas this morning. Somehow I'm more bothered that the picture they ran with the story shows the great documentarian Ken Burns in a photo taken at one of those weird and mysterious Bohemian Grove gathering. 

  • Notes from the campaign trail: Trump signing the chest of a gal. Video.

  • Rudy has had a bad week. In addition to failing to comply with a judge's order in libel case, he also allegedly groped Cassidy  Hutchinson on January 6th -- an act consistent with his jaw-dropping appearance in the last Borat movie. 
  • If this is real, I'm not sure why it hasn't at least received some publicity. It is purportedly of the indicted Nate Paul (of Ken Paxton fame) using some very salty language at a courthouse auction. In the impeachment trial, there were allegations that Paul had Paxton write an AG Opinion to stop foreclosure auctions during COVID.
  • Man, this is unnerving. Three men get out in broad daylight, two with guns. Video.
  • The Business Second Not Warehouse Related™: Does it bug anyone else that there's so much money out there that some software company we've never heard of can be sold for $28 billion in cash?
  • It just feels worse when stuff like this happens in a non-contact practice drill. 
  • Time which has passed since the Wise County Sheriff's Office, despite having a full male DNA profile, has failed to solve the murder of Lauren Whitener in her home at Lake Bridgeport: 4 years and 78 days.

at 8:31 AM

9.21.2023

Random Thursday Morning Thoughts




Three bodies in each car. All found this week ten years ago in Oklahoma. Positive IDs of all the persons would occur the next year. 

  • Breaking: Things about to get even more right wing at Fox News. But his last big act will always be known as that of settling a libel suit for Fox News' election lies for $787 million. 

  • We now have responses filed by the judge (here) and the prospective new defense lawyers (here) in the Tanner Horner case. Background: Private lawyers were appointed by the court to represent Horner but were then removed when it was discovered that Wise County had contracted with a group called RPDO to represent all capital murder defendants. 

    • Highlights from the documents:
      • The judge says that the previous court appointed lawyers he removed had already billed the county $36,029.00 in attorney fees. 
      • That if the private lawyers were left on the case that the bills will eventually be "between $500,000.00 to $700,000.00 in additional court appointed attorney fees and related expenses."
      • We find out how the judge learned about Wise County was part of a previous contract which should have led to the appointment of RPDO over the private lawyers. 

      • The new prospective lawyers attached an "unsworn declaration" from Horner saying he wants the new lawyers. 
    • Legal nerdy stuff: I'm curious as to why they made the declaration "unsworn." That was a calculated decision. Certainly they had access to a notary public and, even if they didn't, they could have added special language at the bottom of the form which serves as the functional equivalent of a sworn declaration. So why make it intentionally unsworn? 
      • Was it Fifth Amendment concerns? I don't think you waive your Fifth Amendment right forever by simply signing an affidavit.  But I guess you could be concerned about it. 
      • The whole reason the D.A. filed the writ with the Court of Criminal Appeals objecting to the new lawyers was to prevent Horner from coming back years later on a post conviction appeal and saying he didn't want his private lawyers removed. The D.A. wants the issue resolved now. A "sworn declaration" would have solved that problem if Horner would have said under oath that he likes his new lawyers and the court kept them on. But the one filed is legally insignificant and means nothing.  
    • So how will the court rule? The unsworn declaration is a distraction, but it shouldn't play a role in the decision. I think the court will disregard it since it is unsworn and try to decide the case on whether the law required the new lawyers to be appointed or not. So long as the issue is put to bed, I don't think the D.A. really cares. 
  • Writer's strike close to being resolved?

  • Even Michael Scott didn't think about suing when he had a similar problem in The Office.

  • So the ultra-MAGA extremist Republicans, led by Rep. Matt Gaetz, want to shut down the government on October 1st because they want to save Trump?  Oh, my! It's more proof the next election is about the heart of democracy.

  • I said from the very first day that NFTs were the dumbest thing I had ever seen and were the equivalent of 1990s Beanie Babies.  I was right: "95 percent of NFTs wouldn’t fetch a penny today . . . . The study estimates that some 23 million investors own these tokens of no practical use or value."

  • Greg Abbott is appealing to Christian pastors to get behind "school vouchers." I'll say it for the millionth time: This is nothing more than funneling your tax dollars away from your local public school to supplement some kid's tuition to a private Christian school which can use your money any way it see fit with no rules or restrictions. 


  • Although I can't say tax dollars are always used wisely  . . . 

  • Messenger - Above the Fold

at 8:30 AM
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