Friday, October 14, 2016

#SealyLivesMatterToo




Went to downtown Houston today. I suspect many are criminals due to downloading music off the internet, but they are still walking around free.


#SealyLivesMatterToo





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Federal Judge Lifts Injunction To Allow The Twirling and Killing Of Chickens To Take Away Sins During Yom Kippur

by jonathanturley
200px-kapparot_lithographyThere is an interesting ruling in Los Angeles where United States Judge Andre Birotte Jr. has lifted a temporary restraining order against a California synagogue performing Kapparot, a ritual where chickens are twirled in the air and then slaughtered. We previously discussed the controversies surrounding the Yom Kippur ritual.











Conservative Filmmaker James O’Keefe Suspended By Twitter

by jonathanturley
James O'Keefe
James O'Keefe
Twitter LogoAs we previously discussed, Twitter has become a lightening rod for the free speech community -- repeatedly accused of content-based censorship and a liberal bias. Twitter wasrecently accused of a departure from the policy of unfettered free speech in the filtering of negative comments against President Barack Obama. Then Twitter banned Milo Yiannopoulos in a very disturbing move against a conservative speaker. Now, Twitter is back in the news targeting another conservative. After releasing two viral videos, Project Veritas Founder and President James O’Keefe was barred from access to his Twitter account for 12 hours (with review for a permanent ban). Twitter again appears to have little explanation for suspending another conservative other than the content of his speech.
Read more of this post

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Judge reluctantly agrees partner's equal-pay suit against Sedgwick is likely subject to arbitration

Oct 14, 2016, 7:00 am CDT


Lawyers trade snarky letters over Trump suit threat; expert deems Trump 'pretty much libel-proof'

Oct 13, 2016, 2:40 pm CDT



Dallas lawyer may have been spied on before his suspicious death, affidavit reveals

Oct 13, 2016, 11:55 am CDT



Mistrial is denied over undisclosed text messages in civil rape case against Derrick Rose

Oct 13, 2016, 10:55 am CDT

Ousted city attorney settles bias suit for $1.45M

Oct 13, 2016, 10:18 am CDT

TRIALS & LITIGATION

Mistrial is denied over undisclosed text messages in civil rape case against Derrick Rose


Derrick Rose
Derrick Rose. Photo byNatursports / Shutterstock.com.
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Three undisclosed text messages sent by the plaintiff to Knicks guard Derrick Rose, the man she is suing for alleged sexual assault, won’t derail the trial.
U.S. District Judge Michael Fitzgerald of Los Angeles on Wednesday denied a motion for a mistrial, report the Wall Street Journal, the Associated Press and the Los Angeles Times. He instead allowed defense lawyers to call the plaintiff back to testify about the messages.
Fitzgerald said the plaintiff and her lawyers had failed to respond fully to discovery requests, but he was “not going to declare a mistrial when we have a jury in the box.”
Attorneys for Rose claim the texts demonstrate the plaintiff agreed to visit Rose’s rental home for sex. Her suit against Rose and two of his friends alleges they sexually assaulted her after she returned to her own apartment. She testified that she awoke in her bed to find Rose and his friends sexually assaulting her. The defense claims the sex was consensual.









Dallas judge resigns before he can be removed from office after battling alcoholism, depression

 








A Dallas appellate court justice resigned this week after his colleagues said he was unfit to remain on the bench and the state sought his removal from office.
The State Commission on Judicial Conduct had planned to ask the Texas Supreme Court to remove David Lewis from the 5th Court of Appeals after other justices said his work had suffered and he had anger issues while battling alcoholism and depression.



David Lewis
David Lewis
Lewis' behavior at work was "erratic, hostile and threatening," according to records filed by the commission. His mood would swing from "laughing and flippant to hostile, arrogant and seething."
Lewis submitted his resignation Tuesday, the same day the commission filed paperwork for the Texas Supreme Court to remove him, said his attorney, Perry Minton of Austin.
"Justice Lewis resigned after considering his family and his health and what's best for him," Minton said. He said Lewis is "doing fantastic" and that "me, personally, I believe he could go back to the bench. But he chose not to do that."
Lewis voluntarily sought treatment for alcohol abuse at an out-of-state facility for six to eight weeks, the records show.
Lewis' six-year term expires at the end of 2018. Gov. Greg Abbott, who will appoint Lewis' replacement, has not yet received the resignation. The court hears appeals from state civil and criminal courts in Collin, Dallas, Grayson, Hunt, Kaufman and Rockwall counties.
Lewis' colleagues on the appellate court told the commission that the justice was unable to perform his duties. He missed work and failed to read documents before hearing cases, made poor decisions and was "disrespectful and disdainful" of those he worked with, sometimes using profanities, they said.



Lewis, a Republican, was elected to the appellate court in November 2012 and took office the following January. He attended University of Texas at Austin and then Baylor University's law school. After graduation, he worked as a prosecutor for the late, legendary Dallas County District Attorney Henry Wade and would go on to handle death penalty cases. 
He was also a federal prosecutor who went on to do defense work, focusing on white-collar crime, including tax offenses. He worked as a special prosecutor in what became known as the "fake drug scandal," when Dallas police knowingly arrested unauthorized immigrants for possessing drugs that the cops knew to be fake. Four Dallas officers were convicted of crimes related to the scandal.

'Justice is not being served'

Chief Justice Carolyn Wright, who notified the commission of Lewis' issues, said in a complaint, which is sworn testimony, that the justice's problems hindered the court's abilities to handle cases. After missing work, Lewis told Wright he was told to see a psychiatrist for depression.
"Justice Lewis is too impaired to read, comprehend, or articulate legal issues, and justice is not being served," Wright told the commission. Lewis' "behavior has deteriorated to a point where it is hostile, unsafe, violates the oath of judicial office and the rules of judicial conduct and reflects negatively on the judiciary."





Another justice, Molly Francis, told the commission that before Lewis joined the court, he was "healthy" and had "a strong legal mind." 
But things were different while he was an appellate court justice.
"Justice Francis has since observed that Justice Lewis is unable to perform the duties of office due to a serious illness," the commission wrote. "As a result of his inability to control himself 'mentally or physically,' Justice Francis expressed fear for Justice Lewis' safety and for the safety of court personnel."
Francis told the commission that she observed unexplained absences, a staff attorney doing his work and inappropriate arguments during oral arguments that indicated his likely position and unpreparedness. She also told the commission that Lewis was angry and used profanity after she "counseled him about his conduct and lack of preparation" and "odd personal phone calls at odd times."
Another justice, Lana Myers, told the commission that Lewis "appeared to be very nervous, shaking physically and could not express his thoughts in a very coherent manner as his speech was often disjointed," according to commission records.
Justice David Evans said Lewis would often just agree with other justices and not participate with his own ideas. "Justice Lewis' non-participation deprived the parties to appeals of a three-justice decision," according to commission records.

Doctor's opinion

Lewis had not been at work since September 2014. The state Supreme Court suspended him without pay in November after an agreement between Lewis and the commission. Lewis also agreed to see a doctor of the commission's choosing for a physical and mental health evaluation.
The doctor, Dennis Dalton, found that Lewis' problems began as early as 2013 and during the following year he had "impaired cognition and feelings of intense anger," according to records filed by the commission. 
Dalton wrote that a 2015 scan of Lewis' brain "is of a person who was experiencing decreased functioning who was trying to cover that up." He said Lewis has permanent damage to his cognitive functioning.
"My opinion is that David Lewis is not competent to return to work as a judge at this time," the doctor wrote

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The Brief: Count of Texas registered voters eclipses 15 million mark

by Alex Samuels | Oct. 14, 2016
Travis County voters cast ballots at Travis County Tax Office on Feb. 25, 2016.

The Big Conversation

A record-breaking 15 million Texans are registered to vote in the upcoming November election, the secretary of state’s office announced Thursday.
As the Tribune’s Alex Samuels reports, this figure amounts to 78 percent of the state’s voting-age population and more than 1.3 million additional registered voters from four years ago.Alicia Pierce, a spokeswoman for the secretary of state, previously told the Dallas Morning News that the spike in registered voters could be attributed to high interest in the 2016 presidential election cycle.
In Texas, the margin separating Republican presidential nominee Donald Trump and Democratic presidential nominee Hillary Clinton is shrinking. A WFAA/SurveyUSA poll released Thursday found Trump beating Clinton 47 percent to 43 percent — which falls within the margin of error.
As the Tribune’s Patrick Svitek reports, Trump’s polling numbers have been decreasing after the release of a 2005 clip showing him making lewd comments about women, and the 4-point margin may be Trump’s smallest lead in Texas yet.

Donald J. Trump, at a rally in West Palm Beach, Fla., on Thursday, said allegations that he had made unwanted advances on women were not true.
Donald Trump Calls Allegations by Women 'False Smears'

By PATRICK HEALY and ALAN RAPPEPORT

Donald Trump said an article in The New York Times about two women who charged that he had inappropriately touched them was a "total fabrication."

A protester faced a line of police officers in the days after the fatal police shooting of Alton B. Sterling in Baton Rouge, La., in July.
Justice Department to Track Use of Force by Police Across U.S.

By ERIC LICHTBLAU

The effort is the most ambitious the federal government has ever undertaken to track the use of force by the police.


Analysis: A lavish benefit for Texas lawmakers could get even bigger






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Tiffany at beautiful downtown Sealy park across the street from my law office. While there drop by and sue somebody. Follow Trump's philosophy of not letting a day go by without filing a suit or threatening to file one.

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