Criminal Law

Texas Supreme Court rules against CPS, Judge Walthers; when will FLDS kids go home?

Posted on May 29, 2008
HUGE NEWS!! Many Grits commenters heard the announcement before I did, but the Texas Supreme Court this afternoon upheld the Third Court of Appeals mandamus order regarding children seized in the Great Eldorado Polygamist Roundup. Here's some of the initial press coverage:Salt Lake TribuneSan Angelo Standard TimesMSNBCHouston ChronicleFort Worth Star TelegramWall Street Journal Law BlogThe Common RoomNational Public RadioTalk LeftDallas NewsAnd here's a copy of the Texas Supreme Court ruling...

Foundation backed juvie program in Indianapolis may hold clues for near-term reforms in Dallas and Houston

Posted on May 29, 2008
Via CrimProf Blog I noticed this article about the Annie Casey Foundation-inspired reforms to the local juvenile justice system in Indianapolis ("Transforming juvenile justice: Effort has cut numbers in lockup," Indianapolis Star, May 27).I'm interested in learning more about what they're doing because the Annie Casey Foundation is also working with courts in Dallas and Houston to reform their juvie systems, and Indiannapolis appears to be several steps further along in the process...

Court filings all in; TX Supreme Court set to decide YFZ Ranch custody battles

Posted on May 29, 2008
Thanks to commenter KBP and others for pointing out that the following documents were filed with the Supreme Court of Texas regarding the Great Eldorado Polygamist Roundup:TRLA's response to the Writ and, better late than never:BRIEF OF AMICI CURIAE, American Civil Liberties Union & American Civil Liberties Union of Texas, IN OPPOSITION TO RELATOR?S PETITION FOR MANDAMUS Also, for reference, here's the state's filing with the Supreme Court and the Third Court ruling they're appealing...

Cynthia Kent: Smith County needs more court space, not a bigger jail

Posted on May 29, 2008
Forget building a bigger jail that voters don't want, says Tyler District Judge Cynthia Kent. She wants to reduce the need for more jail space by adding one or two courts to process cases more quickly. Reported the Tyler Morning Telegraph ("Judge: New court would clear out Smith County jail," May 28):State District Judge Cynthia Stevens Kent says adding one or more new courts would do more to solve Smith County?s jail overcrowding problem than adding ever-higher numbers of new jail beds...

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Required to Confess?

Posted on May 29, 2008
Former Dallas City Councilmember James Fantroy's conviction on corruption charges and refusal to admit his guilt in the face of the verdict has Big D political observers in a tizzy. The news inspired Dallas News columnist Steve Blow to overcome his gag reflex long enough to produce this insight about the wisdom of insisting defendants confess to obtain a lower sentence ("Confession shouldn't be a condition of Fantroy's freedom," May 28:in a larger context, I have to confess some unease about making confession a requirement in any part of our criminal justice system...

Killing the Messenger: Bexar probation chief wants to fire PO who snitched on faulty urinalysis results

Posted on May 29, 2008
Instead of acting to resolve the use of questionable forensics by a private vendor, Bexar County probation director Bill Fitzgerald decided to kill the messenger. He plans to fire Sherri Simmonelli, the head of an employees' group and lead whistleblower regarding the lab, and her co-workers are protesting...

What options besides jail building for Waco?

Posted on May 28, 2008
So what should McLennan County do to reduce jail overcrowding instead of building a new private jail?In my view they need plans to address the supply side of the equation; counties statewide face the same problems, and they cannot build all their way out of the dilemma...

'A couple Jills with their eyes on a couple bills': McLennan County seeks profit over public safety with privatization schemes

Posted on May 28, 2008
Because there ain't no manWho got the money in his handWho got any of that breadBein' slow in the headThe easier it looksThe hotter it hooksThere ain't no such thing as easy money- Rickie Lee Jones, Easy MoneyNearly every jail in the state of any size is overcrowded and struggling to find enough guards, but there are still some local officials that think they can solve the problem for free or cheap...

Ambrogi: Appellate court ruling made blogging about YFZ raid safe

Posted on May 28, 2008
Having earlier criticized the legal blogosphere's relative silence regarding the Great Eldorado Polygamist Roundup, Robert Ambrogi at Legal Blogwatch writes that with the "appeals court ruling that the state had no right to seize the children, the blogosphere is at last breaking its silence...

Will expanded immigration detention exacerbate Texas' prison guard shortages?

Posted on May 27, 2008
Regular readers know that Texas prisons and county jails face a severe understaffing crisis caused by low pay and the rural location of facilities, and that in federal facilities the problem may be even more pronounced.Meanwhile, my prediction that immigration detention would drive prison expansion in the near term has come true, adding another category of detention facilities that require more guards when no one can find any...

Plano steroid dealer says he sold to police in five Metroplex cities

Posted on May 27, 2008
Somehow I missed the story from earlier this month about a Plano steroid distrubutor who's threatening to blow the whistle on Metroplex area police officers. While headlines focused on his alleged sale of steroids to former Cowboys punter Matt Lehr, reported WFAA-TV ("Man says Plano police stole steroids from him during a raid," May 1): David Jacobs says he?s ready to name names of police officers who got steroids from his network...

No 'male sexual perpetrators' identified involving FLDS kids in SCOT case

Posted on May 27, 2008
Here's an interesting line quoted in the Salt Lake Tribune from the CPS' pleading to the Supreme Court regarding FLDS mothers:"Failure to grant a stay will mean that approximately one hundred twenty-four children will be returned to alleged mothers without any male sexual perpetrators being identified," state attorneys wrote...

Rounding up news on the Great Eldorado Polygamist Roundup

Posted on May 26, 2008
Just checking in to point readers to good newspaper and blog coverage of the Great Eldorado Polygamist Roundup:Fort Worth Star Telegram: Sect case hitting CPS employees in pocketbookSalt Lake Tribune: FLDS court fight heats upSalt Lake Tribune: Battle over FLDS kids gets roughHouston Chronicle: Lawyers cry foul in FLDS seizuresBy Common Consent: A brief apology for the LDS apologia regarding FLDSBeldar Blog: Beldar on Volokh on the Texas polygamy child custody caseThe Common Room: Updates and linksHave a happy Memorial Day folks...

Which is worse: Life without parole or the death penalty?

Posted on May 25, 2008
Reacting to the Juan Quintero verdict, the ADA blogger over at Life at the Harris County Criminal Justice Center poses the question: Which is worse? The death penalty or life without parole (LWOP)? The blogger, A Harris County Lawyer, concludes that "I don't think anyone can really make the argument that LWOP is more severe than the death penalty...

Study: Elected judges issue more opinions of lesser quality

Posted on May 25, 2008
A story today in the New York Times by Adam Liptak focuses on electoral selection of judges in the US, and mentions this interesting if predictable tidbit ("Rendering justice with one eye on re-election," May 25):A working paper from the University of Chicago Law School last year tried to quantify the relative quality of elected and appointed judges in state high courts in the United States...

Will next Texas DNA exoneree come from death row?

Posted on May 25, 2008
Will the next "actual innocence" exoneration in Texas come from death row?Michael Blair was condemned to death for raping and killing Ashley Estell, but now collin County DA John Roach admits DNA evidence proves he didn't do the deed. Says the Texas Death Penalty Blog:Don't worry, though...

Danalynn Recer on the Quintero verdict

Posted on May 25, 2008
Yesterday evening the missus and I had dinner with a friend from our college days, Houston attorney Danalynn Recer, founder of the Gulf Regional Advocacy Center. She's taking a break in Austin after concluding the long and grueling capital murder trial of Juan Quntero last week, an illegal immigrant copkiller who jurors gave a sentence of life without parole (LWOP), a verdict that surprised many court watchers...

The civil liberties watchdog that didn't bark

Posted on May 24, 2008
Wendy Kaminer at The Free For All takes my former employers at the ACLU to task for their failure to get involved in the YFZ Ranch case and their "tepid, tentative statement of 'concern.'? writing:This general acknowledgment that the summary removal of 416 children absent actual evidence of their abuse threatens fundamental rights is preferable to the silence that preceded it, barely...

How many underage moms were at the YFZ Ranch? It sure wasn't 60%

Posted on May 24, 2008
The Headmistress over at The Common Room has been doing a terrific job summarizing the daily blow by blow in the YFZ Ranch case, and I strongly recommend those interested to check out her update for today, which provides several clues to what might happen next in the wake of the 3rd Court of Appeals recent decision (e...

New Reader Poll: Should the state pick up Schleicher County's tab for YFZ Ranch raid?

Posted on May 23, 2008
I just posted a new reader poll asking whether you think the state of Texas should reimburse Schleicher County for costs of the massive boondoggle arising out of the ill-conceived raid on the YFZ Ranch launched by their Sheriff.Is there any reason Texas taxpayers should pay for expenses the Sheriff and decision makers must have foreseen when they launched the raid? Let me know what you think, both in the poll and in the comments...

Drug cartels targeting Mexican police

Posted on May 23, 2008
You know your crime problem is bad when your entire police department resigns in fear, as happened recently in Zirandaro, a Mexican city in southern Guerrero state. Reported AP:Zirandaro was the second town in less than two weeks to be left without its police force as Mexico's drug cartels wage increasingly bold attacks against security forces...

How do you make a lawyer cry?

Posted on May 23, 2008
I love the internets; they provide answers to all sorts of burning questions, like:How do you make a lawyer cry?How do you make a prosecutor paranoid?How do you make a prosecutor cry?How do you make popovers?

3rd Court of Appeals: State had no right to seize YFZ Ranch kids!

Posted on May 22, 2008
See the initial report from AP. The court said the grounds for removal were "legally and factually insufficient." More at The Common Room, the Lone Star Times, and Messenger and Advocate.UPDATE: Here's a more indepth account. The ruling only applies to 38 mothers represented by Texas Rio Grande Legal Aid, however the "nature of the ruling may eventually mean other sect children will be affected by it as well...

Austin lags on important third component of graffiti policy

Posted on May 22, 2008
A couple of weeks ago Austin PD launched its largest graffiti crackdown in recent memory, arresting 18 people, all adults, on felony and misdemeanor charges ("APD graffiti investigation sees 18 arrests," May 15), reported Channel 8 News:A 10-month investigation led to the arrest of 18 people on graffiti-related charges...

Lufkin News Editorial: Governor Perry should back innocence commission

Posted on May 22, 2008
More editorial support for an innocence commission in Texas, this time from the Lufkin News ("Serving Justice," May 22):Gov. Rick Perry says Texas does not need an innocence commission, which, he asserts, would add an unnecessary bureaucracy to state government...

Many unanswered questions linger about the Great Eldorado Polygamist Roundup

Posted on May 22, 2008
Having had a few hours to ponder the implications of today's welcome ruling by Texas 3rd Court of Appeals that the seizure of kids from the YFZ Ranch wasn't justified (and to read what commenters and other bloggers had to say on the topic), here are some questions I'm still wondering tonight:Overruling a judge on an "abuse of discretion" standard, by any measure a legal rarity, lays the blame for this entire fiasco at the feet of San Angelo District Judge Barbara Walther...

Urinalysis another example of forensic science with subjective results

Posted on May 21, 2008
The rate of positive results on urinalyses at the Bexar County probation department jumped fourfold after the private lab doing the tests changed their procedures in February, reports KSAT in San Antonio:On Monday, the president of the Central Texas Association of Public Employees and a Bexar County probation officer said the high numbers of positives were alarming...

Some on Dallas News staff "aren't interested" in correcting false media impressions about YFZ raid

Posted on May 21, 2008
Among the Dallas News editorial board members, Sharon Grigsby has been the only consistent voice questioning the state's actions in the Great Eldorado Polygamist Roundup. Reacting to news that CPS has been wrong so far regarding the age or pregnancy status of all the "disputed" mothers, she writes today on DMN's Opinion blog that "Some on our staff have said they aren't interested in my continued posts on this topic...

Why choose life? Exploring possible reasons for the Quintero verdict

Posted on May 21, 2008
By all accounts the late Rodney Johnson was one of Houston's finest police officers, and a jury yesterday gave his murderer life without parole, leaving many in Houston wondering why the death penalty wasn't imposed in the wake of the tragedy.Elsewhere in the United States and even in Texas, death sentences are becoming increasingly rare, but they're still handed down with enough frequency in Houston for the media and local court watchers to express shock (and in some cases, dismay) that a jury gave copkiller Juan Quntero life without parole instead of a death sentence...

Youngest of alleged YFZ teen moms not really pregnant

Posted on May 21, 2008
It turns out no 14-year old girls were found pregnant at the YFZ Ranch during the Great Eldorado Polygamist Roundup, despite repeated public statements to the contrary by the Department of Family Protective Services. From the Deseret News:A lawyer for a 14-year-old girl that is on a list of so-called "disputed minors" said this morning she is not pregnant as Texas child welfare authorities have alleged...

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