Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: don-o
Thanks for the ping. Interesting that Broden would file this today, as today is the day that the state's brief is due. There is no notice of either this supplemental paper, or the state's input, on the Texas Tenth Court of Appeals docket sheet for case 10-15-00235-CR.

Maybe Broden figures this is "new material," and belongs in a supplemental to his appeal, rather than in any rebuttal to the state's response to the appeal.

The law is an adversarial process, all the players know this and most find that fact to be a feature, a net plus, etc. So, the fact that the state says things like "examining trials are not needed unless defendants are in jail and seeking another way out" is not remarkable at all. The state is Clendennen's adversary. The state has accused Clendennen of a felony. The state is not about to admit or accept without rebuttal that its accusation is wholly lacking in individual probable cause.

It is entirely typical for the state to issue a gag order on the premise that publicity compromises a fair trial, and for the state to then go out and justify arrest, which implies that there is probable cause the accused committed a crime. Sometimes the state offers the thin disclaimer of "not yet proven in court," but by golly, the state acts like it has the proof and is itching to show it, and claim another conviction. A fair trial, after all, includes that the trial be fair to the state, too!

3 posted on 07/30/2015 9:44:48 AM PDT by Cboldt
[ Post Reply | Private Reply | To 1 | View Replies ]


To: Cboldt

Thanks. I had hoped that you would find and post what you linked to.


4 posted on 07/30/2015 9:59:41 AM PDT by don-o (I am Kenneth Carlisle - Waco 5/17/15)
[ Post Reply | Private Reply | To 3 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson