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. 

at 8:31 AM

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.


at 8:31 AM

4.23.2021

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

at 2:30 PM

Random Friday Morning Thoughts




It didn't turn out good.   Susan Loper was abducted from her Pilates studio in Plano at around 6:00 a.m. when she arrived for work, and her body was found along the tollway later that morning,. Her ex-boyfriend, Terrance Deering Black, was eventually convicted and sentenced to life in prison out of Collin County. All of the facts, including how they solved the case, are detailed at the beginning of an appellate opinion in the case here. The signed jury verdict is here. 

  • This bill sounded like I could idea, so I looked it up to see what the consequences would be for failing to intervene. Answer: Nothing. 

  • The Arby's in Decatur is struggling this week. 

  • Random carjack report I saw yesterday:

  • President Biden is considering advocating for an increase in the highest tax rate to 39.6% for every income dollar over $518,400.  In looking at the story I came across this chart. Man, look at the rate in the 1940s and 1950s. (The orange blocks just highlight when the rate has been 39.6% -- the same rate Biden is considering.)

  • Ex-Lubbock car dealer Bart Reagor, famous for his commercials on The Ticket where he sounded like a con man, has been indicted. (His meeting with salesmen which was secretly recorded is right out of Glengarry Glen Ross.)    


  • There aren't many details, but one person was shot early this morning in the fashionably hip West 7th Street area in Fort Worth at a place called Trinity College Irish Bar. "Two groups of men exchanged gunfire . . . ."

  • I'm telling you, Texas vaccinations might not ever get above 40% of the population. Basically everyone who wants one has received one. 

  • And that townhouse on the ocean will run you $4.2 million.  

  • Let's check the vote count in the House of Representatives yesterday on giving statehood to the District of Columbia (Note: It won't pass the Senate): 

  • College football rule change: Teams will now be required to run a 2-point conversion play after a TD when a game reaches a second OT. Also, if the game reaches a third OT, teams will run alternating 2-point plays.  They have been tinkering with the rule in the 1990s. 
    • If you want to see your team's record in overtime, here's a comprehensive list. The Evil Empire has only been in 7 overtimes going 3-4.  (And 3 of the 7 were last year!) Aggie has been in 20 overtimes going 14-6.
  • Legal stuff: Trump's impact on the Supreme Court was felt yesterday where the Court did a 180 from just a few years ago and will now allow juveniles to be sentenced to life without parole. Justice Sotomayor was not pleased:

  • 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: 658 days.
  • Messenger: Above the Fold



at 8:31 AM

4.22.2021

Random Thursday Morning Thoughts




The Duke Lacrosse Case is one of the wildest cases of false accusations by a prosecutor in our nation's history, and I can't recommend enough ESPN's 30 for 30 documentary, "Fantastic Lies." Concerning an update for my bullet point above: "In November 2013, she was found guilty of second-degree murder after she stabbed boyfriend Reginald Daye, who died 10 days after. She argued that she acted in self-defense, fearing that Daye would kill her. She was sentenced to 14 to 18 years in prison."

  • I don't know what LeBron James was thinking by targeting the officer involved in the shooting of the teenage girl in Columbus, Ohio. If you want to express concern over whether deadly force was the only option, then fine. But the post below, which he quickly took down, is out of character for him. He doesn't make mistakes like this. 

  • There's a weird aspect about Derek Chauvin's conviction of the greatest charge which I finally completely understand.  
    • He was convicted of "Felony Murder" on the greatest count. That is kind of a weird law that says if you commit a felony and someone dies as a result of the felony, even if you didn't intend for them to die, you're guilty of murder. He was never charged with intentional murder, so even the prosecutors believed Floyd's death was unintentional. 
    • Here's an example of Felony Murder: Say you intentionally commit the felony offense of arson by setting a home on fire but someone dies inside the home even though you didn't know anyone was inside. In that example the "underlying felony" was arson but you've committed "Felony Murder" even though you didn't intended to murder anyone. 
    • In Chauvin's case, the "underlying felony" was "Third Degree Assault" which, when coupled with the unintended death of Floyd, gets you to Felony Murder.  From the Court's Charge:

    • So what exactly is this underlying felony of "Assault in the Third Degree"?  Third degree assault in Minnesota means you intended to commit misdemeanor assault (intentionally cause someone "bodily harm" which is defined as just "pain", that's it) but the result of your misdemeanor assault led to "substantial bodily injury" even if you didn't intend to commit substantial bodily injury.  That's the real kicker in this case. Here the jury found that Chauvin intended to commit simple assault (kneeling on Floyd's neck causing him pain) but they also found that it led to "substantial bodily injury" even if unintentional.  That gets you to an underlying felony of Third Degree Assault. (If Floyd would have lived but had been, say, in a comatose state because of being deprived of oxygen, the greatest charge would have faced was a Third Degree Felony Assault.)
    • Here's how Third Degree Assault was explained to the jury. Simple Assault + Unintended Consequence of Substantial Bodily Injury = Third Degree Felony: 

    • So step #1 is an intended misdemeanor assault got turned into unintended felony assault under Minnesota law.
    • But step #2 is that the case got elevated from Third Degree Assault to Felony Murder by yet another unintended consequence: Floyd died as a result of the Third Degree Assault. 
    • So you have Intentional Misdemeanor Assault + Unintended Consequence of Substantial Bodily Injury => Third Degree Assault + Unintended Consequence of Death => Felony Murder Charge.  
    • That's all a little crazy, right? Sure, no one cares when those "dirty criminals" are charged with nutty laws like this, but it looks a little different when the charge is used against a police officer.
    • Note: Most states, like Texas, require the "underlying felony" in Felony Murder to be a felony other than an assault. Arson as an underlying felony makes sense. Robbery makes sense. Burglary makes sense. If someone dies, even if unintended, while you commit one of those felonies then you rightly bought yourself a charge of Felony Murder. But Minnesota is different. I found this, and it explains it pretty well: 

    • Question: Do you think the jury understood any of this? 
  • I'd pay money to watch this. (Side note: Marjorie Taylor Greene hasn't read the 14 pages of the "Green New Deal" which she constantly complains about?)

  • Over the past couple of weeks, I've noticed several references to "carjackings" in the news in the metroplex. And yesterday I heard firsthand of an attempted hijacking of someone I know in Denton. Examples: 



  • Something doesn't seem right to make it a crime to simply "watch" something without doing anything to encourage or promote it. 

  • A former Tarrant County prosecutor and district judge gets a quote in The Washington Post. He also represented Roy Oliver, the Balch Springs police officer who was convicted of murder. 

  • It looks like the Texas transgender bill will die in committee, and hard-liners are not happy. 

  • The UT Band will be required to play The Eyes of Texas this fall, but UT is also forming "another" marching band where the members won't be subject to such a requirement. I have no idea how this will work. When does this "other" band perform? And is it just an "additional band" or an option for an "alternative" band? I mean, do you have to participate in the main band to be able to also join the new band? 

  • You got to admit that the scheme is pretty impressive. 

  • It's NFL Draft time an my annual irritation of people saying, "You should draft the best athlete available" regardless of need. Sheesh. The draft is a crapshoot. You don't know who the best athlete is. Heck, most of the time NFL teams don't even know who the best quarterback is. 



at 8:34 AM
Subscribe to: Posts (Atom)