Tag Archives: Texas Law

Mom Said Smoking all that Dope Would Make You Stupid

The Corpus Christi Caller-Times reports that a 27-year-old man has been arrested for stealing a life-size Miley Cyrus inflatable doll from an adult video (read porn) store. The doll was found in his backpack along with some marijuana when he was stopped on Wednesday for riding his bicycle the wrong way on a highway frontage road.

About 3:02 p.m. police saw the man rode his bike the wrong way near Interstate Highway 37 and Corn Products Road, according to a Corpus Christi police news release. The officer found marijuana in the man’s pockets. After the officer searched the man’s backpack, he found the life-size Cyrus doll.

The officer knew of a theft reported at an adult video store at 7430 Intestate Highway 37, a few minutes before he made the traffic stop, the release states. After investigation officers found the man matched the description of the person reported to have stolen the inflatable doll, which was estimated at $49.95.

Was that an officially licensed Miley Cyrus doll or a cheap Chinese knock-off?


Worshipping at the Church of the NRA

At least one Dallas area parishioner is incensed about the  decision of the Catholic Diocese of Dallas to not allow open or concealed carry in its churches.  In fact, incensed enough to cut off tithing to the church and re-direct the money to the NRA.  He or she better hope that Wayne LaPierre is standing at the Pearly Gates instead of St. Peter.

Where to Shop beginning January 1

Second Amendment Check has posted a list of establishments that are not allowing “open carry” on their business premises when the new law takes effect on January 1, 2016.  SAC wants you to boycott these businesses.

Red, however, is using this same list to find places where he will continue to shop and spend his money after January 1.  Red’s policy will be as follows:

If Red is in any place of business and some moron walks in openly sporting their weapon, Red leaves as quickly as possibly and either immediately advises management of same or whips off a quick email or letter to said business establishment explaining why they have lost Red’s business.  Red hasn’t quite worked out how to handle this in the middle of a meal, but the devil is in the details.

Texas Takes Step Back in Syrian Refugee Litigation

Texas will no longer seek a temporary restraining order preventing resettlement of Syrian refugees scheduled for next week in Dallas and Houston.  Texas is apparently going forward with a request for a preliminary injunction, but that will come too late to stop the current refugees from joining their families in Texas.  The step backwards by Texas came after the Justice Department and the ACLU filed lengthy briefs on behalf of the embattled relief agency establishing that the Texas Health and Human Services Commission sought “unwarranted veto power over individual federal refugee resettlement decisions.”

The Dallas Morning News has the full scoop.

Texas Woman Wants Her Father’s Film of JFK Assassination Back

Gayle Nix Jackson has sued the National Archives and Records Administration seeking the original film taken by her grandfather Orville Nix in Dealey Plaza on November 22, 1963.  Nix gave the film to the UPI news agency with the stipulation that it would be returned after 25 years.  The film, though less famous than the Zapruder footage, does show part of the assassination of JFK.  Jackson said her grandfather’s film shows Zapruder across the street and the grassy knoll –  where some witnesses claimed they heard at least one shot fired.  The film was obtained by the Warren Commission and then never returned.

Unbelievably, no one seems to know where the original film is now located.  Jackson believes that NARA has it because it is in possession of most of the Warren Commission materials.  The lawsuit says the agency has told Jackson that it does not have the film.


Does Texas childrin have to lurn much in there home skoolin?

The Texas Supreme Court will tackle home schooling in Texas this week in a case pitting home schooling advocates against the El Paso Independent School District.  The case involves Michael and Laura McIntyre from El Paso who have been home schooling their 9 children since at least 2004.  Allegations were that the children were mostly singing and playing instruments and that little or no actual education was occurring because the children were going to be raptured at the second coming.  The problems were somewhat confirmed when one of the McIntyre children ran away from home in an attempt to actually get an education.  The school district was unable to confirm what level of education the girl had received and she was place in a school almost 2 years below her age level.  That prompted El Paso educators to make some attempt to determine what was going on at the McIntyre’s “home school.”  They were rebuffed at every turn with the McIntyres being assisted by the various home schooling associations, and truancy charges followed.  The McIntyres sued, predictably claiming that their religious freedom had been interfered with by the state attempting to make sure their children were getting some basic education.  The El Paso Court of Appeals found that no parents have an absolute constitutional right to home school their children completely free of any state supervision, regulation or requirements.  The McIntyres appealed to the Texas Supreme Court which will hear arguments this week.  The Washington Post has the full story.

Video of Waco Biker Gang Shootout Emerges – Bikers Run Like Little Girls

After months of rampant speculation and very little (make that almost no) evidence of what actually happened, we finally have a video shot from the outside dining area at the now-defunct Twin Peaks in Waco.  While a few stalwart gang members stand relatively steadfast (one prominent Cossack member whips out his pistol attempting to provide cover for the headlong flight of his colleagues) when the shooting erupts, the vast majority of the self-proclaimed meanest, toughest bad asses around run, scramble and crawl their way to safety apparently leaving their fallen brethren behind.  How embarrassing.

Texas JP Under Suspicion of Participating in Lottery Fraud

Fayette County Justice of the Peace Tommy Tipton may soon be at the center of an investigation into Lottery fraud involving his brother Eddie Tipton.  JP Tommy cashed a $568,990 on a Colorado Lotto ticket he purchased in November 2005 – which would not have been a problem except for the fact that brother Eddie was running a cheat the lottery operation.  Eddie Tipton used his position as an official for the Multi-State Lottery Association to install a self deleting computer program to create a winning ticket for himself.  Officials are now wondering if JP Tommy’s winning ticket was on the up and up or was a part of his brother’s scheme. The Austin American Statesman has more.

An audacious, movie-worthy lottery rigging scandal that has rocked Iowa is now spreading into other states — including Texas. The Hot Lotto mess does not involve the state-run Texas Lottery. But officials have begun to look closer at a $570,000 winning multi-state lotto ticket purchased a decade ago by a Central Texas judge.

No charges have been filed against Tommy Tipton, Fayette County Justice of the Peace for Precinct 3, based in Flatonia. Records from the Texas Commission on Law Enforcement show he has held a state peace officer license since 1986, and until two weeks ago worked as a reserve officer for the Flatonia Police Department.

Tommy is also the brother of a former official for the Multi-State Lottery Association named Eddie Tipton, who police say orchestrated a bold plan to rig lotto computers to select the numbers on jackpot tickets he’d purchased. Now, recently filed legal documents raise the question of whether Judge Tipton benefited from his brother’s scheme.

According to local media reports, Eddie Tipton’s scam began unraveling five years ago, when a New York lawyer tried to claim a $14.3 million Iowa jackpot only hours before it was set to expire. The attorney claimed to represent a Belize corporation, however, lotto officials refused to pay it out because state law requires a winning ticket’s purchaser and possessor to be identified. Later, others, including a Houston man who is a close friend of Eddie Tipton’s, also tried to collect on the ticket, which ultimately was never paid out.

Texas Police Shooting Database Now Available

The Texas Attorney General’s Office is developing a basic database that will allow the public to track all police shootings in Texas.  According to the OAG:

The Office of the Attorney General (OAG) will be adopting and publishing reporting forms for Officer-Involved Shooting Incidents, as required by H.B. 1036, 85th Leg., R.S. (2015), which became effective September 1, 2015.  Until the OAG has adopted and published a final version of the form, and rules governing its completion and submission, all law enforcement agencies should begin using this interim form in accordance with the instructions contained therein.

The interim form posted by the AG is fairly bare bones and will likely be revised to provide more information.  So far there are about a dozen filed reports from various police departments across the state.  There is not a compilation of the reports, but someone will certain began using these reports to analyze and track what is actually happening when Texas peace officers shoot someone.

Red supports any efforts to reduce police shootings and the shooting of police officers.  But it seems clear which is the bigger problem right now.  According to The Guardian which is tracking all States, 891 people have been killed in the U.S. by police this year.  Contrast that to Great Britain where there have been no fatal police shootings since 2012, or Germany where there have been eight police killings over the past two years.  Even Canada, a country with no aversion to firearms, had a total of 12 police shootings between 1999 and 2009.  Of course, these numbers would have to be adjusted for population, but even so the U.S. is not just an outlier it is a complete aberration from the rest of the democratic industrialized world.

Texans Take Note – It’s Now Okay to Damage, Mutilate, Deface and Burn Your Flags

The often obscure but powerful Texas Court of Criminal Appeals handed down its decision in State v. Johnson holding that Tex. Penal Code 42.11(a) is an unconstitutional restriction on free speech rights guaranteed under the First Amendment to the U.S. Constitution.  The Texas statute made it a crime to damage, mutilate, deface or burn a flag and was passed in response to a U.S. Supreme Court decision 26 years ago that found Texas’ previous flag desecration statute to be similarly unconstitutional. Terence Johnson was prosecuted for violation of the statute when grabbed a flag from a storefront and threw it into the street.  There was no evidence that the act was politically motivated as Johnson claimed he did it because he was mad.  The Court looked beyond motivation and held that the statute was unconstitutional on its face because it criminalized expressive activity that is protected as free speech under the First Amendment.  The decision is a victory for free speech advocates.  As the flag is a hot button issue for the right, expect a host of bloviators who know nothing about constitutional law taking aim at the Court for protecting the free speech rights of Texas citizens. And while Red has to except former Supreme Court Clerk and Sen. Ted Cruz (TP-Texas) from those who know nothing about constitutional law, Red would be shocked if he is not leading the charge.