ping and another tip of the hat
Do we really want EVERYONE knowing the state's lies and BS?
Because: Gorebal Warning
>>> In arguing that the gag order be continued, Reyna says the defendants’ rights to fair trials are in jeopardy because of “a danger of prejudice from pretrial publicity.” <<<
Look! Squirrel!
The filed documents are linked. The state is not requesting oral argument.
One of these days, real soon now, the state AG's office ought to be responding to the request for opinion from the city of Waco, as it asserts an open records exception. 45 business days from the date the request of opinion was filed, which was roughly mid-June, if I recall correctly. 45 business days is about 9 weeks.
Isn’t it usually the defendant’s counsel who wants a gag order to prevent pretrial publicity from prejudicing the jury?
considering they were arrested for wearing fill in the blank generic biker costumes warrants of that ilk sound feasable.
“Can someone explain that to me? “
The DA knows he’s knee-deep in the excrement he’s produced, so he’s just trying to save his own a$$ and those of the Whacko PD. This is not going to end well for the whole “judicial system” in McLennan County. It stinks!
OR2015-15225 of July 27, responsive to Waco LGL-15-181, relates to the twin Peaks incident. However, this is not the same Waco request that was mailed to the AG on June 3. The Waco ID's for that letter are LGL-15-173, LGL-15-174, LGL-15-175, LGL-15-176, LGL-15-177, LGL-15-178, and LGL-15-179.
I think the AG response to Waco's June 3 letter is somewhere in list of open records responses, and that it says Waco may withhold the information due to pending prosecution.
This case has been making it difficult for the local badge polishers from day one.
The trick I was taught in law school was to dismiss the charges so the preliminary hearing wouldn’t be held, and then take it to the GJ for an indictment and round the guy up on a bench warrant then. Because no prosecutor wants to show his hand until trial.
DA is stalling until the tame GJ can get its rubber stamp going.
Bush’s fault. Or a Republican dirty trick.
High court stays writ to lift gag order on attorneys - August 14, 2015 Radiolegendary.
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,719-01
In Re STATE OF TEXAS EX REL. ABELINO REYNA, RELATOR1
ON MOTION TO FILE APPLICATION FOR WRIT OF MANDAMUS FROM
CAUSE NO. 2015-1955-2 IN THE 54th DISTRICT COURT
FROM McLENNAN COUNTY
Per curiam.
ORDER
Relator's motion to stay is granted. We also have before
us a motion for leave to file an application for a writ of
mandamus and an application for a writ of mandamus.
The matter underlying this proceeding involves an opinion
from the Tenth Court of Appeals conditionally granting mandamus
relief and ordering the trial court to vacate its gag order
issued on June 30, 2015. In re Clendennen, No. 10-15-00235-CR
(Tex. App.-Waco August 7, 2015) (not designated for publication).
The rationale behind the appellate court's memorandum opinion is
that
FN 1
The application filed with this Court listed Judge Matt
Johnson of the 54th Judicial District Court as the Relator.
However, the application was filed by McLennan County District
Attorney Abelino Reyna and he is the Relator in this matter.
2
--- Page 2 ---
the trial court abused its discretion pursuant to the Tenth
Court's published opinion in In re Graves, 217 S.W.3d 744 (Tex.
App.-Waco 2007, orig. proceeding).
This Court has determined that this case should be filed
and set and the parties should brief the following issues:
1. Is the Texas Supreme Court's holding in Davenport v.
Garcia, 834 S.W.2d 4 (Tex. 1992), applicable to gag
orders in criminal cases?
2. Are the findings supporting the gag order in this case
sufficiently specific?
3. Is Tenth Court of Appeals' conditional grant of
mandamus relief supported by the law and facts of this case?
Briefs from relator, respondent, and the real party in interest
are due in this Court within 30 days of the date of this order.
No motions for extension of time to file will be entertained.
IT IS SO ORDERED THIS THE 13th DAY OF AUGUST, 2015.