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Twin Peaks: Recused judge’s lawyer offends client and attorney gagged by order [Waco]
Radio Legendary ^ | July 30, 2015

Posted on 07/30/2015 8:13:38 AM PDT by don-o

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To: rikkir
bar·gain /ˈbärɡən/ noun noun: bargain; plural noun: bargains 1. an agreement between two or more parties as to what each party will do for the other.
21 posted on 07/30/2015 5:50:15 PM PDT by TexasGator
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To: don-o; All
The Reporters Committee for Freedom of the Press has updated its website to include the brief filed in the Clendennen gag order case.

In re Clendennen amicus action

The state was ordered, on July 16, to file a response within 14 days. It is possible that the state will file a motion to extend time, which would certainly be granted because the court won;t render a decision without hearing from opposing parties who appear to be noticing the court.

22 posted on 07/31/2015 7:08:32 AM PDT by Cboldt
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To: Cboldt

The Clenednnen case seems to be the only one that is active at all. Are the rest just waiting to see how it plays out?


23 posted on 07/31/2015 7:54:40 AM PDT by don-o (I am Kenneth Carlisle - Waco 5/17/15)
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To: don-o
There is only one gag order, so only one gag order appeal.

There are at least 20 pending examining trials, one of which is Clendennen. See Retired judge sought to hear Twin Peaks bikers' examining trials - Waco Trib - July 28, 2015

   Matthew Clendennen, Hewitt
   Daniel Pesina, San Antonio
   Mitchell Bradford, Gordon
   Juventino H. Montellano, San Antonio
   Joseph Ortiz, San Antonio
   Richard R. Donias, San Antonio
   Lawrence Garcia, San Antonio
   John Guerrero, San Antonio
   Tom M. Mendez, San Antonio
   John R. Wilson, Waco
   Clayton D. Reed, Burleson
   Matthew R. Folse, Dallas
   Morgan J. English, Brenham
   William H. English, Brenham
   James A. Venable Jr., Mart
   Royce Van Vleck, San Antonio
   Drew David King, Dripping Springs
   William C. Aikin, Talco
   Jimmy Lee Pond, Austin
   Thomas P. Landers, Georgetown

There was also a hearing for Ronald Atterbury, reported at Biker attorney challenges 'cookie-cutter' arrest warrants - Waco Trib - July 2, 2015. From the report, it reads as a bail hearing, but the questioning veered into probable cause. I think this was NOT an examining trial, at least not in Judge Johnson's view, otherwise the more recent reports would not included remarks about "how rare" examining trials are without mentioning Atterbury's hearing.

Atterbury's 2003 Harley Davidson is/was the subject of a forfeiture action.

There are a few other legal actions floating around, like two negligence suits vs. Twin Peaks (one for the estate of a dead biker, one by Don Carlos for loss of business); the complaint against Peterson pending in the Judicial Commission.

24 posted on 07/31/2015 8:32:09 AM PDT by Cboldt
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To: All

Feeding the Hussein-licking fascist trolls really muddies up the thread, and they enjoy as well as profit by it.

Let’s prevent one of their evil pleasures whenever we can.


25 posted on 07/31/2015 8:57:29 AM PDT by treetopsandroofs (Had FDR been GOP, there would have been no World Wars, just "The Great War" and "Roosevelt's Wars".)
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To: don-o
Latest from the 10th Appeals Court. No motion for extension of time, by the state. Broden has replied to the state's response. The court will decide if it will entertain oral argument, that decision likely by the end of next week.

   07/31/2015 Reply brief filed Relator  [Relator=Broden/Clendennen]
   07/30/2015 Brief filed - oral argument requested State
   07/29/2015 Supplemental petition for writ of mandamus filed Relator

26 posted on 07/31/2015 4:15:22 PM PDT by Cboldt
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To: Cboldt

The Examining Trial is at the end of next week. Right?


27 posted on 07/31/2015 4:46:26 PM PDT by don-o (I am Kenneth Carlisle - Waco 5/17/15)
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To: don-o
Clendennen's examining trial was set for Monday, August 10 at 2:00 p.m.

With the order to recuse Peterson, that date may be up in the air. I'd take that as the earliest.

28 posted on 07/31/2015 4:51:39 PM PDT by Cboldt
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To: don-o
Must Clendennen's Lawyer Remain Silent | The Aging Rebel, touches on the contents of both the state's reply and Broden;s response to the state's reply.

I sure would like to find links to the briefs! Meanwhile, Aging Rebel will have to do.

29 posted on 07/31/2015 5:23:26 PM PDT by Cboldt
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To: Cboldt

Quite a contrast to what is happening in Cincinnati.


30 posted on 07/31/2015 5:59:45 PM PDT by don-o (I am Kenneth Carlisle - Waco 5/17/15)
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To: don-o

Some parallels too. The DA in both places is working to suppress information from the public.


31 posted on 07/31/2015 6:14:20 PM PDT by Cboldt
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To: don-o
Just bumped into this seven-weeks old article, Lawyer for Twin Peaks defendant asked help of U.S. Attorney, Radio Legendary, June 12, 2015.

The attorney representing Clendennen, one of the Twin Peaks defendants charged with engaging in organized criminal activity during a shootout between police, and members of the Cossacks and Bandidos Motorcycle Clubs, wrote to the U.S. Attorney and the Department of Justice saying that the allegations in the affidavit of warrantless arrest are defective because they specify no individual probable cause that he committed the offense. ...

"I have also been provided credible information that Reyna and members of his staff were told by Waco Police Sgt. J.R. Price that the criminal complaints did not support most of the arrests and that other police officers refused to sign the complaints."

Found while searching for the reply brief filed by Reyna, in the gag order case, and Broden's response to the State's reply.

This is the first I've seen that some of the Waco police are alleged to have recognized the cookie-cutter affidavit as deficient. Looking forward to seeing the the Examining Trial judge follows my speculation, doubling down and finding probable cause where none exists.

If you feel like doing some "legal reading," Suits Against Public Officials in Their Individual Capacity | Federal Practice Manual for Legal Aid Attorneys gives the broad outlines with case citations for immunity to the judges and prosecutor involved in depriving a person of civil rights. The general rule is "absolute immunity for judicial/prosecutorial acts."

32 posted on 08/01/2015 10:13:55 AM PDT by Cboldt
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To: Cboldt
Judge Sullivan: Some Arrests at 2004 RNC Lacked Probable Cause

Previously posted this thread. Took eight years to get the probable cause ruling in a mass arrest.

33 posted on 08/01/2015 10:55:29 AM PDT by don-o (I am Kenneth Carlisle - Waco 5/17/15)
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