In a move that could mean curtains for the controversial Lake Fastill in Anderson and Cherokee Counties, a federal judge this week struck down a lawsuit by the Texas Water Development Board and the city if Dallas over a proposed federal wildlife refuge along the Neches River.
From the Fort Worth Star-Telegram:
Popularity: 11% [?]
|
|
|
|
|
|
|
|
In one of the worst opinions ever issued by the Texas Supreme Court, the Court today held that, if you are injured by a church, you are screwed.
The decision will have profound implications for every type of tort case that could be brought against a church, although the six justices in the majority seem to think it only involves cases where the injury was the result of some doctrinal action of the church–in this instance, an exorcism.
The case is Pleasant Glade Assembly of God, et al v. Schubert. The Star-Telegram has an excellent summation:
Popularity: 17% [?]
|
|
|
|
|
|
|
|
State Rep. Debbie Riddle (R-Tomball), has issued a statement on the U.S. Supreme Court decision today that struck down the portion of HB 8 giving that allowed the death penalty as a punishment for child rape:
“When I made the decision to author House Bill 8, also known as Jessica’s Law, I did so with the single purpose of making Texas safer for our children, and more dangerous for their predators. While the majority of the provisions of House Bill 8 will not be affected by today’s ruling, I believe that the Supreme Court has somewhat diluted our effort as a state to provide our children with the strongest possible protection by providing the strongest possible punishment to those who would do them harm.
That’s rather interesting. I don’t think the Court diluted the state’s efforts at all. I think the Legislature should have had the wisdom not to understand that the death penalty wasn’t an appropriate punishment for this offense, as bad as the offense is.
Popularity: 16% [?]
|
|
|
|
|
|
|
|
It finally seems as though the long and winding road of the Tulia saga is over as the conviction of the undercover officer that started all of this mess has been upheld:
Popularity: 10% [?]
|
|
|
|
|
|
|
|
The Texas Supreme Court yesterday dismissed two mandamus petitions challenging local Democratic party rulings concerning ballot eligibility.
In one case, the Court denied the motion of some Fort Worth firefighters challenging former City Councilman Wendy Davis’ candidacy under resign-to-run laws, instead essentially dropping the ball back to the regional appellate court.
In the second case, LaRhonda Torry, a challenger to State Rep. Garnet Coleman in Houston, had her mandamus petition dismissed. Torry’s filing was refused by the Harris County Democratic Party because she failed to designate a campaign treasurer at the time she filed.
Popularity: 19% [?]
|
|
|
|
|
|
|
|
A federal district court has upheld the “moment of silence” law passed by the Texas Legislature during its “Morals Session” of 2003. It looked earlier like the law may have been on its way to being struck down.
From the Star-Telegram:
U.S. District Judge Barbara Lynn of the Northern District of Texas upheld the constitutionality of the law, ruling that “the primary effect of the statute is to institute a moment of silence, not to advance or inhibit religion.”
I’m quite sure this will be appealed. The court also has yet to rule on a pending lawsuit brought by the same plaintiffs against the newly revised pledge to the Texas Flag.
According to legal scholars, the pledge’s new wording to include “under God,” has a better chance of being struck down because it was added to recently and has a clear religious and not secular purpose.
Popularity: 21% [?]
|
|
|
|
|
|
|
|
A Court of Criminal Appeals ruling on fetal murder last week garnered the obligatory media attention, but few seemed to pay serious attention in part, I suspect, because the AP story and every other coverage included an interesting tidbit in the lead graf or somewhere pretty close to the top:
Texas laws allow the killing of a fetus to be prosecuted as murder, regardless of the fetus’ stage of development, but they do not apply to abortions, the state’s highest criminal court has ruled. [Emphasis mine.]
Is this, however, disinformation?
The folks at Dungeon Diary seem to think so:
Popularity: 7% [?]
|
|
|
|
|
|
|
|
Somehow, we missed the fact that the Texas Supreme Court heard oral arguments in one of the most important cases to challenge the provisions of 2003’s HB 4–the jewel in Republicans’ tort reform crown.
In particular, according to Point of Law’s fairly concise summary of the complicated issues at stake, the question of whether or not the requirement that a medical expert has to sign onto a medical malpractice claim before litigation can proceed is at issue. The 12th Court of Appeals in Tyler–no bastion of liberalism–has already ruled that it can be bypassed.
The National Law Journal thinks the issue is significant enough to merit an article:
Popularity: 16% [?]
|
|
|
|
|
|
|
|
The Texas Court of Criminal Appeals has frequently made itself a national laughing-stock with some of its absurd opinions. Now, via the Austin American-Statesman, we learn about an attempt to get the state’s highest criminal court to reverse itself on one of its dumber decisions.
Back in 2002, the court ruled that a lawyer’s competence cannot be measured by the quality of the attorney’s habeas petitions–the most important legal tool for a defense lawyer defending a capital murder client.
The court has failed to reverse itself on this important issue in numerous instances, and the ruling has given unqualified lawyers the ability to file shoddy and poorly argued petitions with little fear of repercussions.
Now, two Austin attorneys are asking that the court reverse that decision and providing an example of some very shoddy habeas work:
Popularity: 42% [?]
|
|
|
|
|
|
|
|
The Texas Court of Criminal Appeals has denied the Travis County District Attorney’s motion for a re-hearing in Tom DeLay’s case.
Travis County DA Ronnie Earle asked for the rehearing after the CCA declined to reinstate a conspiracy charge against Delay which had been previously tossed out by a trial court.
More as it develops.
Popularity: 32% [?]
|
|
|
|
|
|
|
|
| Get Capitol Annex's Daily Update |
Capitol Annex Archives by date and category may be found here.
blog advertising is good for you
Do you know that you can Stumble on a Random Article!
