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Legal nerdy stuff: We have a rare case of an appellate court agreeing with the trial judge's decision to dismiss a felony indictment because of prosecutorial vindictiveness.


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Posted (edited)
31 minutes ago, RPM said:

Very interesting read. DA was a lazy dick then when he was about to have the case dismissed he indicted him for capitol murder seeking death penalty.

https://search.txcourts.gov/SearchMedia.aspx?MediaVersionID=63e3c622-e415-425d-a69e-7d3fcd3e388b&MediaID=dbcfe2d6-7698-428c-a4a2-93707bedc68e&coa=" + this.CurrentWebState.CurrentCourt + @"&DT=Opinion

it wasn't about to be dismissed, the state wanted to delay the trial date (they hadn't done any preparation), the defense didn't.  the defendant had been held since february (original trial date was for november, state issued a continuance request for another 6 weeks out).  defense argues that the trial date should proceed as originally scheduled but state disagrees and as a conciliatory gesture says they would be amenable to the defendant being freed on a personal recognizance surety bond until the new trial date.   trial court decides no on the continuance and the original trial date would be upheld.  state then immediately turns around and reindicts defendant on a higher charge - capital murder - in an attempt to postpone the trial.  that's where the prosecutorial vindictiveness occurred.

Edited by gsoda3
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Posted

it looks like this lets him go free entirely, because the dismissal covers the factual scenario captured in the indictment, which i assume would have been the totality of the criminal conduct.  that feels weird, but it is important to remember that while this guy gets to go free because of this vindictiveness, the whole point was this dude was absolutely going to get to go free after the trial because the prosecutor with his thumb up his butt had no evidence to use at trial.

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Posted
2 minutes ago, BehoId, The Underminer! said:

the whole point was this dude was absolutely going to get to go free after the trial because the prosecutor with his thumb up his butt had no evidence to use at trial.

Maybe this defendant was guilty as hell, and yeah, that can feel weird to a lot of folks.  But yes, the take-away from this is that the prosecutor, who is a lawyer for the State of Texas, didn't do his basic fucking job, and because of that it's possible a murderer is going free, and is doing so within the bounds of the laws and procedures that prosecutors are supposed to follow.

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Posted
6 minutes ago, chainsaw said:

If this guy is really dangerous he will fuck up again and maybe next time these asshats will do their fucking jobs

a/k/a he'll never see another courtroom

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Posted
3 minutes ago, BehoId, The Underminer! said:

Smart move.  He had to know he was going to get shitcanned.  If not for sheer incompetence, because the D.A. would get that thrown in his face during the next election.

Posted
51 minutes ago, BehoId, The Underminer! said:

that's a good defense lawyer.  it takes stones to demand to go to trial now when the death penalty is at stake.

DA wasn’t Sicilian 

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Posted
54 minutes ago, BehoId, The Underminer! said:

that's a good defense lawyer.  it takes stones to demand to go to trial now when the death penalty is at stake.

This.   Dude slapped his nuts on the table, and won.  Respect.

And man....El Paso county has a broken-ass DA's office.  The stuff that's been going on with the Wal-Mart prosecution is an absolute shitshow as well.

Posted (edited)

I like this part of the opinion showing what a disingenuous tool the prosecutor was:

"Further, almost immediately after the trial court indicated it was likely going to deny the State’s motion for continuance, Cox stated he planned to seek a reindictment for capital murder for a defendant whom only minutes earlier he had agreed should be released on a personal recognizance bond."

Edited by South Austin
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Posted
42 minutes ago, conVINCEd said:

Prosecutorial vindictiveness feels like it should be a crime.

So does "capitol" murder, mainly in Texas, where many of the corrupt assholes are under the same roof.

Posted

El Paso County. The Elected DA was also going to be tried over this (and other issues) by the County Attorney, but she resigned once the trial was allowed to proceed against her. 

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Posted
2 hours ago, South Austin said:

I'm glad the opinion named the dickhead -- Curtis Cox -- instead of just referring to him as the "lead prosecutor" like other courts might.

Of course Cox is a dickhead. It’s right there in his name. 

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Posted
54 minutes ago, chainsaw said:

seems more like incompetence than vindictiveness

Yeah, he was trying to come up with a way to sneak a continuance in. If he could have indicted him for something that wouldn’t have increased the penalty but still given justification for a delay, he would have.  The only thing he could think of was time associated with the increased procedure for death penalty cases. Its not so much that he wanted to worsen the thing for the accused — it’s that he just didn’t care. 

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Posted
2 hours ago, chainsaw said:

seems more like incompetence than vindictiveness

The incompetence was doing jack squat for months in preparation for a murder trial.

The vindictiveness was, when being held to the trial setting after said incompetence, raising the charge to capital murder and dangling the threat of death if defense counsel didn't play ball.

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Posted
30 minutes ago, South Austin said:

The incompetence was doing jack squat for months in preparation for a murder trial.

The vindictiveness was, when being held to the trial setting after said incompetence, raising the charge to capital murder and dangling the threat of death if defense counsel didn't play ball.

Thanks for explaining that to me. Yeah he's a piece of shit.

Posted

 

3 hours ago, hornian said:

El Paso County. The Elected DA was also going to be tried over this (and other issues) by the County Attorney, but she resigned once the trial was allowed to proceed against her. 

That whole office was fucked due to what's-her-name and/or maybe Covid. Reportedly the new DA (newly departed now, or as of a few months ago anyway) didn't re-staff quickly or effectively or at all and tons of perps let go due to charges never being filed & etc. Not sure what happened exactly but this particular case was one of the backlog or whatever.

Posted

I loved the "we'll agree to a PR bond" on the one hand and yet threatening the death penalty on the other which would implicate a finding of "future danger to society" on the other. Cox needs to have his gold card yanked. But much like bad cops, I'm sure he'll just move to another office.

Posted
9 minutes ago, Armybrat said:

On a somewhat related note - hints at possible malfeasance by Travis DA Garza in the Travis County Grand Jury proceedings:

https://www.kxan.com/investigations/court-orders-travis-county-da-to-record-grand-jury-in-law-enforcement-use-of-force-cases/

What a load of shit. So now that the cops are defendants, we need transparency in the grand jury proceedings? But, for the rest of us it’s ok that DAs can get a grand jury to indict a ham sandwich? 

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Posted
23 minutes ago, Hammerin Hank said:

But, for the rest of us it’s ok that DAs can get a grand jury to indict a ham sandwich? 

Look, a ham sandwich killed Cass Elliot.  Those things are dangerous, so I'm all for DA's throwing the book at them, and I don't give a damn about integrity of grand jury proceedings.

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Posted (edited)

People never say, “Well, if he didn’t do that, I bet he didn’t do something else!”

Back in law school I did a law clinic stint in the parish DAs office. There was some case I was involved in where a question came up about fingerprints on a safe, or the lack there of, in a burglary case. So naïve me is sitting there when the newbie state trooper comes in and the ADA says, “if they ask you about fingerprints, just tell them that the safe’s surface was such that you could not take prints. “    

Two days later at trial on the stand, the just out of academy State trooper says “We were not able to find the defendant’s fingerprints on the safe.”. if looks could kill, the ADA would’ve offed that state trooper.   The defendant was found not guilty, and the ADA and his boss reamed out the trooper for his testimony after the trial.    Due process and all that.

I changed sides to the death penalty clinic the next semester. 

Edited by Gatorubet
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Posted
25 minutes ago, South Austin said:

Look, a ham sandwich killed Cass Elliot.  Those things are dangerous, so I'm all for DA's throwing the book at them, and I don't give a damn about integrity of grand jury proceedings.

I’m more than capable of taking care of any and all ham sandwiches that need to be removed from society 

Posted
41 minutes ago, South Austin said:

That's what Cass Elliot thought.

To be fair, she was batting 1.000 until she faced the Nolan Ryan of ham sandwiches.

Posted
1 hour ago, Hammerin Hank said:

What a load of shit. So now that the cops are defendants, we need transparency in the grand jury proceedings? But, for the rest of us it’s ok that DAs can get a grand jury to indict a ham sandwich? 

You may be able to get a jury to indict a ham sandwich, but never the whole pig

Posted
On 2/9/2023 at 10:08 AM, South Austin said:

Maybe this defendant was guilty as hell, and yeah, that can feel weird to a lot of folks.  But yes, the take-away from this is that the prosecutor, who is a lawyer for the State of Texas, didn't do his basic fucking job, and because of that it's possible a murderer is going free, and is doing so within the bounds of the laws and procedures that prosecutors are supposed to follow.

I am sure the supreme court will rule that prosecutors don't have to do their jobs as well.  

Posted
On 2/9/2023 at 9:53 AM, Ghost of LL said:

"Prosecutorial vindictiveness" is not a doctrine you see trotted out frequently.  I bet the KeyCite for that is pretty damned slim.

That's what I was thinking.  I've worked for an appellate court for close to twenty-two years and never have seen or heard of its being raised.

Posted
29 minutes ago, dcbc said:

That's what I was thinking.  I've worked for an appellate court for close to twenty-two years and never have seen or heard of its being raised.

Do we need to start calling you "your honor" or justice dcbc?

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Posted (edited)
10 hours ago, Dahobbs said:

Do we need to start calling you "your honor" or justice dcbc?

I'm not a judge.  When I wear a robe, I look more like The Dude at the grocery store writing a check for half-n-half.

Edited by dcbc
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Posted
27 minutes ago, dcbc said:

I'm not a judge.  When I wear a robe, I look more like The Dude at the grocery store writing a check for half-n-half.

I've seen a few judges that look like that. 

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Posted
23 hours ago, Hammerin Hank said:

What a load of shit. So now that the cops are defendants, we need transparency in the grand jury proceedings? But, for the rest of us it’s ok that DAs can get a grand jury to indict a ham sandwich? 

the creatures outside looked from pig to man, and from man to pig, and from pig to man again, and already it was impossible to say which was which. 

Posted
On 2/9/2023 at 8:08 AM, South Austin said:

Maybe this defendant was guilty as hell, and yeah, that can feel weird to a lot of folks.  But yes, the take-away from this is that the prosecutor, who is a lawyer for the State of Texas, didn't do his basic fucking job, and because of that it's possible a murderer is going free, and is doing so within the bounds of the laws and procedures that prosecutors are supposed to follow.

Live look at appellate court judge:

spacer.png

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