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Why a Texas Appellate Court Seriously Erred
FindLaw ^ | May 29, 2008 | Marci Hamilton

Posted on 05/29/2008 9:43:07 AM PDT by MizSterious

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To: lady lawyer
The state can’t snatch away a child simply because the parents’ belief system, might at some time in the distant future, lead the child into some bad situation. If that were the standard, it would be sufficient to snatch away probably every child in every housing project in the state. The odds of those kids getting into criminal activity or underage sex are astronomical.

You're kidding, right?

41 posted on 05/29/2008 12:08:13 PM PDT by Alice in Wonderland (4-Hshootingsports.org)
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To: firefly2

I can’t recall the number of children that were removed, but if it was 400, and only 38 women are involved having children returned, then that would mean each woman had 10 and 1/2 children. If some of these women or teenagers are only 14, 16, 18, etc., I think that is impossible for one of them to have that many.


42 posted on 05/29/2008 12:08:52 PM PDT by JBCiejka
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To: remur389

You are correct as I see it and I agree.


43 posted on 05/29/2008 12:10:07 PM PDT by commonguymd (Using the mob torch and pitchfork government lover's method of debate against them in kind.)
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To: firefly2
will all the children, including those in imminent danger of physical or sexual abuse, be sent back?

The big problem is the state has presented no evidence about physical or sexual danger to any one child just to the group as a whole because of their beliefs.

There is what the case hangs on can you use danger to a group not the individual.

44 posted on 05/29/2008 12:12:16 PM PDT by mouser (run the rats out its the only hope we have)
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To: Lurker
I know if I wanted a sound legal opinion on Texas State law, I'd hire a Copyright attorney.

Maybe she can write a book about how the court was wrong.

45 posted on 05/29/2008 12:15:22 PM PDT by beltfed308 (Heller: The defining moment of our Republic)
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To: mouser

Maybe if Mr. Jessop had been more truthful, Texas would have known how deep the water was. Instead, he lied, telling the sheriff that only 120 people lived on the compound, not 600+.


46 posted on 05/29/2008 12:17:40 PM PDT by Alice in Wonderland (4-Hshootingsports.org)
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To: firefly2
with 700 law enforcement officers with tanks ..

Would you please cite the source of your information that there were 700 LEOs and tanks. Thank you.

47 posted on 05/29/2008 12:20:07 PM PDT by Alice in Wonderland (4-Hshootingsports.org)
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To: ThanhPhero
Thats’ fine for kids born in hospitals

It would apply in this case as well:

“Such testing was necessary because FLDS members and the medical personnel who attend at their births routinely fail to file birth certificates” (emphasis mine)

48 posted on 05/29/2008 12:28:51 PM PDT by highball ("I never should have switched from scotch to martinis." -- the last words of Humphrey Bogart)
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To: firefly2
Hopefully, the attorneys for the minor children will have some influence. I understand the one for the Bradshaw-Jessop children was concerned when she heard testimony from Dan and his “wife”.
49 posted on 05/29/2008 12:30:30 PM PDT by Alice in Wonderland (4-Hshootingsports.org)
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To: beltfed308

Or go on John Stewart again.


50 posted on 05/29/2008 12:31:14 PM PDT by commonguymd (Using the mob torch and pitchfork government lover's method of debate against them in kind.)
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To: Alice in Wonderland
Maybe if Mr. Jessop had been more truthful,

so how long ago did he ask him

The sheriff has spoke about flying over taking pictures.

I would think taking pictures from the air should give you an idea how many there is.

Also the sheriff has stated he has been out to ranch 3 or 4 times in last year seems he should have some idea of how many were there from that. Heck most Leo types claim to be a trained observer.

51 posted on 05/29/2008 12:31:41 PM PDT by mouser (run the rats out its the only hope we have)
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To: Alice in Wonderland
Maybe if Mr. Jessop had been more truthful,

so how long ago did he ask him

The sheriff has spoke about flying over taking pictures.

I would think taking pictures from the air should give you an idea how many there is.

Also the sheriff has stated he has been out to ranch 3 or 4 times in last year seems he should have some idea of how many were there from that. Heck most Leo types claim to be a trained observer.

52 posted on 05/29/2008 12:32:01 PM PDT by mouser (run the rats out its the only hope we have)
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To: MizSterious
Regarding the first prong of the Statute regarding physical danger, Hamilton does quote it correctly, I'll give her that, yet there is not a single word in her entire article establishing exactly how hundreds of pre-teen children in the various households were in imminent physical danger.

She ignores the Statutory burdens of proof required of the CPS with respect to each child, and she ignores the Statutory requirement that the CPS meet its burden of proof with respect to each child within 14 days of the taking of each child:

"Second, the lower courts had already begun individual hearings to reunite some parents with their children, under CPS family service agreements – thus mooting the appeal with reference to these children. Those lower court judges, with the benefit of individualized evidence, were in a far better position to assess the potential harm to each individual child and to craft terms of reunion in a way so as to protect the children."

That's what the trial court was SUPPOSED to do with respect to each child within 14 days. Apparently that little statutory prescription doesn't mean anything to Marci.

Here she simply assumes in a conclusory manner evidence not adduced at trial with respect to each and every child:

every child is in danger in both the real sect and in the two hypotheticals, and state officials should be given the latitude necessary to secure their safety. The facts establish that the FLDS is a fundamentally lawless group, which has no respect for marriage laws, rape laws, child abuse laws, or even the legal requirements governing birth certificates. (Others who have escaped from the organization detail welfare fraud and child labor law violations as well.) As currently constituted, they offer no environment for children, period.

The CPS appeal is as pathetic as this article. If the S.C. sees it the way I do, The CPS is going to lose at the S.C. level, too. Their appeal consists of a lot of flailing around and more impromptu excuses for their own monumental screw-up. They are still reprehensibly using hundreds of young children that they have traumatized and continue to traumatize to do nothing other than stall for time.

Cordially,

53 posted on 05/29/2008 12:36:37 PM PDT by Diamond
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To: Marie2

The “abandonment/neglect” issue of the boys has never been part of this. Rather, the argument was that the FLDS were “grooming” the boys to be sex offenders by telling them it was okay to enter into “marriages” with underage girls.


54 posted on 05/29/2008 1:06:14 PM PDT by lady lawyer
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To: Alice in Wonderland
Let’s hope the Texas Supreme Court is a clearer-eyed than the Court of Appeals.

I hope so too--they need to direct the State to file criminal kidnapping charges against the CPS goons.

55 posted on 05/29/2008 1:09:19 PM PDT by jammer
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To: lady lawyer

If they disagree with you they are not clear eyed?
susie


56 posted on 05/29/2008 1:16:22 PM PDT by brytlea (amnesty--an act of clemency by an authority by which pardon is granted esp. to a group of individual)
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To: patton

Separately on Thursday, the ACLU of Texas filed a brief supporting the parents’ claim and raising concerns that parents were not given an opportunity to be considered individually in the chaotic two-day custody hearing that resulted in the children going to foster care.

http://www.star-telegram.com/448/story/670723.html

The law is pretty clear but not followed.


57 posted on 05/29/2008 1:17:26 PM PDT by commonguymd (Using the mob torch and pitchfork government lover's method of debate against them in kind.)
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To: JBCiejka

Are you sure? I know it’s required for kids to have a SS number for their parents to claim them as dependents when filing an income tax return, but but that’s not the same thing as being required to have one, period.


58 posted on 05/29/2008 1:18:02 PM PDT by Spiderlily
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To: brytlea

Because the statute is so clear. If they come down differently than the Court of Appeals it will be because they are so determined to get a particular result that they are willing to stretch the language of the statute beyond any reasonable interpretation.


59 posted on 05/29/2008 1:20:34 PM PDT by lady lawyer
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To: remur389

Two questions in regard to your post. Would you then be against laws against polygamy? (I may have misunderstood what you said, but I take you to mean you think it’s wrong to legislate against religious values—please clarify if I misunderstood).
Second, are you also then, against laws that disallow say, homosexual marriage?

susie


60 posted on 05/29/2008 1:25:33 PM PDT by brytlea (amnesty--an act of clemency by an authority by which pardon is granted esp. to a group of individual)
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