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.

[RPM 26320]

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

[South Austin 52500]

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

[Ghost of LL 15531]

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

[BehoId, The Underminer! 11669]

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

[gsoda3 3261]

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 February 9, 2023 by gsoda3

[BehoId, The Underminer! 11669]

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.

[South Austin 52500]

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.

[chainsaw 9868]

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

[RPM 26320]

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

[BehoId, The Underminer! 11669]

Quote

EL PASO, Texas (KFOX14/CBS4) — El Paso Assistant District Attorney Curtis Cox has resigned, Judge Sam Medrano mentioned in court Thursday.

https://kfoxtv.com/news/local/assistant-district-attorney-curtis-cox-resigns-from-el-paso-district-attorney-office-judge-sam-medrano-in-walmart-shooting-patrick-crusius-case-says-november-17-2022

[South Austin 52500]

3 minutes ago, BehoId, The Underminer! said:

https://kfoxtv.com/news/local/assistant-district-attorney-curtis-cox-resigns-from-el-paso-district-attorney-office-judge-sam-medrano-in-walmart-shooting-patrick-crusius-case-says-november-17-2022

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.

[Pato del Muerto 52498]

So the guy spent how long in jail awaiting trial for a case that could not be made?  

[Sawbonz 27561]

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 

[Brisketexan 105139]

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.

[South Austin 52500]

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 February 9, 2023 by South Austin

[conVINCEd 21469]

Prosecutorial vindictiveness feels like it should be a crime.

[Brisketexan 105139]

Just now, conVINCEd said:

Prosecutorial vindictiveness feels like it should be a crime.

Or an obscure sex move.

[South Austin 52500]

1 minute ago, Brisketexan said:

Or an obscure sex move.

Starring Alotta Fahgina.

[BehoId, The Underminer! 11669]

19 minutes ago, Sawbonz said:

DA wasn’t Sicilian 

One of the classic blunders.  

[Chopper 17235]

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.

[chainsaw 9868]

seems more like incompetence than vindictiveness

[hornian 5219]

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. 

[Dbeasy 15051]

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. 

[BehoId, The Underminer! 11669]

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. 

[safe sex 11726]

That still seems pretty vindictive to me?

[South Austin 52500]

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.

[chainsaw 9868]

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.

[GringoSalado 1651]

 

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.

[4th and 5 4914]

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.

[Armybrat 40844]

On a somewhat related note - hints of 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/

Edited February 10, 2023 by Armybrat

[Hammerin Hank 1227]

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? 

[Armybrat 40844]

Speaking of such, I wonder what Buehler is up to these days, and what his comments would be?

https://en.wikipedia.org/wiki/Antonio_Buehler

[South Austin 52500]

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.

[Gatorubet 30238]

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 February 10, 2023 by Gatorubet

[Hammerin Hank 1227]

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 

[South Austin 52500]

Just now, Hammerin Hank said:

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

That's what Cass Elliot thought.

[RPM 26320]

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.

[Captainant 27667]

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

[Deej 76790]

14 minutes ago, RPM said:

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

Hope Solo?

[Nivek 16929]

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.  

[dcbc 14484]

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.

[Dahobbs 17534]

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?

[dcbc 14484]

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 February 11, 2023 by dcbc

[Dahobbs 17534]

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. 

[elfenix 34240]

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. 

[Rimbo 25933]

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:

[RPM 26320]

4 hours ago, dcbc said:

I'm not a judge.  When I wear a robe, I look more like

[gernblansten 3197]

On 2/10/2023 at 10:43 AM, Armybrat said:

Speaking of such, I wonder what Buehler is up to these days, and what his comments would be?

https://en.wikipedia.org/wiki/Antonio_Buehler