Courts

THE INNOCENT PLEA GUILTY : CCA JUDGE DECRIES HYPOCRISY

Thanks to Grits for Breakfast for reporting this quote by Judge Tom Price in the case of Ex Parte Wesley Ronald TULEY I think it is colossal hypocrisy to exclaim, “we are shocked, positively shocked,” that a person who has pleaded guilty pursuant to a negotiated plea bargain would never do so unless he were truly guilty and believed himself guilty. Who are we kidding? It is true that Mr. Tuley did sign and swear to a form stipulation that “the following facts [tracking the indictment allegations] are true and …

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JENKINS PROSECUTOR AWAITS OWN STATUS HEARING

Hearing in Paxton case to consider prosecutors’ push for another trial delay by Patrick Svitek,The Texas Tribune Oct. 3, 2017 Texas Attorney General Ken Paxton‘s lawyers and the prosecutors handling the securities fraud case against him are preparing to debate a familiar topic Wednesday: whether his trial should be delayed — for a third time — until the prosecutors can get paid. Both sides are due in Houston for a hearing on the prosecutors’ latest effort to push back the trial amid a long-running legal battle over their compensation — …

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The Railroading of Jim Jenkins Part II – This Thursday. BE THERE!

Jim Jenkins is to return to court on Thursday Oct 5th @ 1:30 PM in the 359th District Court at 207 W Philips St. Conroe TX  for a status hearing. This is where the State, i.e. Ken Paxton’s AG office will tell the court if they plan to continue pursuing their corrupt goal of prosecuting an innocent man. Jim Jenkins is the “other” victim of Greg Abbott’s maniacal and wrongheaded prosecution of innocent RUD voters. Jim first went to trial in 2013 where he was denied his right to present …

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Hair o’the dog to a degree of Scientific Certainty. Judges take note!

Bad language but sound reporting. Also a good essay from Temple U. that discusses the issue at length. Unreasonable Certainty: A Call To Abandon “Reasonable Degree of Scientific Testimony” Terminology. The persistence of this term breeds the likelihood of confusion in at least two regards – an over-inflation of the probativeness and reliability of the testimony and the potential conflation of that standard with the burden of proof, particularly in criminal cases. With these problems and others in mind, and because the term is not required in most jurisdictions, the …

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HOW CONSERVATIVES LEARNED TO LOVE FREE LAWYERS FOR THE POOR

From The Marshall project  09.22.2017 Christy Perry, a Republican state representative and co-owner of a gun shop in Boise, regularly travels with her husband to gun shows to sell their wares. Voters come to her booth so often that her husband jokingly plunked a sign next to the AR-15s: “Gun talk only. No politics.” A couple of years ago, Perry began broaching a subject with her customers that was mostly unfamiliar to them: the nation’s crumbling system of free legal defense for the poor. In Idaho, where personal responsibility is a …

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RUD PROSECUTOR : But, They had Money!

During a trial in which a Montgomery County man was accused of illegal voting in a special utility district, the defense counsel questioned the validity of two voters who were said by the state to have voted legally in the same election.

Like the defendant, the legal voters were temporary residents.

But, “they had money,” said David Glickler, the lawyer representing the state Attorney General’s office.

Such is the power in special districts around the state, often outposts of undeveloped land that are owned by developers, who in turn create mini-governments that tax new residents to cover the costs of development.

America’s Guilty Plea Problem

Never in Montgomery County right? Think again. I know of six examples in the RUD case alone and that is trivial compared to those who face life in prison or worse. Senator Ted Cruz has written that plea bargain false confessions account for up to 8 percent of cases. I think that is very conservative. It is estimated that between 2 and 8 percent of convicted felons who have pleaded guilty are actually innocent. In a federal prison population of 218,000 — the number at the end of fiscal year …

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YOLLICK BLOWS LID OFF COUNTY NEPOTISM WITH CALL FOR GRAND JURY INVESTIGATION

Report Presented to Montgomery County Board of District Judges, December 2, 2016. To: Honorable Board of Judges Honorable Brett Ligon, District Attorney From: Eric Yollick, Private Citizen Re: Need for An Independent Audit Under Section 115.033 of the Texas Local Government Code Date: December 2, 2016 – – – There are three primary reasons that the Montgomery County Grand Jury should order an independent audit of Montgomery County’s government, pursuant to Section 115.033 of the Texas Local Government Code: (1) the external and internal audits of Montgomery County finances lack …

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Conservatives Call for Grand Jury Reform

Grits For Breakfast Blog posted on the TPPF policy report – Balancing the Scales of Due Process: The Conservative Case for Grand Jury Reform in Texas The entire paper is a good read. Among the very important TPPF recomendations…. Entire Transcript or Record of Grand Jury Proceeding & able to be publicly disclosed by the defendant. Presence of Counsel Require Exculpatory Evidence to Be Presented Preclude a Subsequent Grand Jury Without New Material Evidence Loser Pays Provision (to prevent overzealous prosecutors) CLICK TO READ THE REPORT HERE   Editor

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