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Texas honor student thrown in jail for missing school: 11th-grader working two jobs...
NEW YORK DAILY NEWS ^ | May 26, 2012

Posted on 05/28/2012 6:05:44 PM PDT by AndyJackson

A 17-year-old high school student working two jobs to support her siblings, while juggling college-level classes, spent 24 hours in jail this week for missing too much school, KHOU 11 News reported.

Diane Tran, an 11th-grader at Willis High School in Willis, Texas said she was often too exhausted to get to school in time.

Judge Lanny Moriarty said he warned the student last month not to miss any more classes or she would be violating truancy law, KHOU 11 News reported. When she missed school again, he had her thrown in jail.

"If you let one run loose, what are you gonna do with the rest of 'em? Let them go too?" Judge Moriarty asked the TV station.

Tran said her parents divorced unexpectedly and left town, leaving it up to her to support her younger sister, who lives with relatives, and her brother's university education, KHOU 11 News reported.

Tran works full-time at a dry cleaner and weekends at Waverly Manor wedding venue, where she lives with the family that owns the business.

At school she takes several advanced placement and college-level courses, often staying up all night, a classmate, coworker and friend of Tran's told the TV station.

Judge Moriarty admitted he was using Tran as an example. Willis High School has a warning about truancy violation on its website .

According to Texas truancy law students can have no more than 10 unexcused absences - full days or part days - within six months, and no more than three absences within one month.


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events; US: Texas
KEYWORDS: honorstudent; houston; learning; schools; teaching; texasstudent; truancy; zerotolerance
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To: Little Ray

They also don’t judge before they have heard ALL of the facts.
Not a witch hunt from the Liberal Media.


101 posted on 05/30/2012 1:52:28 PM PDT by TexConfederate1861 (Surrender means that the history of this heroic struggle will be written by the enemy.)
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To: AndyJackson
He caved!

Charges dropped against honor student jailed for truancy

102 posted on 05/30/2012 4:20:16 PM PDT by Ken H (Austerity is the irresistible force. Entitlements are the immovable object.)
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To: cva66snipe; AlmaKing

Charges dropped!


103 posted on 05/30/2012 7:25:38 PM PDT by Ken H (Austerity is the irresistible force. Entitlements are the immovable object.)
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To: Ken H

That’s great news. Maybe there is a school counselor that can help this young lady. A million years ago or so, there were work permits issued. You went in and took your classes for a half a day and didn’t deal with the rest of the high school crap. You went to your job.I don’t know if this program still exists with the current attendance funding requirements.

The original article says she is studying AP courses. I find that admirable. But if it does, indeed, become a legal issue...she might have to get a GED and study on line. In fact, now that I think about it, I think there are an on-line high school courses in Texas?


104 posted on 05/30/2012 8:23:45 PM PDT by berdie
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To: Ken H
That's great news. I read the article and it makes sense. Contempt of court is highly abused these days. I have had a contempt charge myself. My sin against the state was telling a wayward mother off after her lawyer had badgered me for about an hour on the stand unchallenged. A mother of whom I had a God given right and duty to correct. Like I posted earlier I've seen what goes on in courts and how many cases are decided. I've seen the back slapping in the hallways also when a deal is done before the first witness is called.

The girl should have never been arrested and when she was because she was a minor an attorney or guardian ad litem should have been assigned to her before proceding further. The parents should have been. I hope the media follows through on about what charges they face. Article said father visits sometimes so where's Mommy?

105 posted on 05/30/2012 8:37:53 PM PDT by cva66snipe (Two Choices left for U.S. One Nation Under GOD or One Nation Under Judgment? Which one say ye?)
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To: berdie

Back years ago when school policy in this nation was made by sane persons there was also meritorious advancement at the Principal’s discretion. Meaning they could put you up a year or more ahead of others your age and grade level if you could do the curriculum at a higher grade level. I am 100% certain there are legal exemptions for this girl the school district and state can use to help her. Perhaps giving her the G.E.D. test is in the best interest of her and the state at this point.


106 posted on 05/30/2012 8:47:04 PM PDT by cva66snipe (Two Choices left for U.S. One Nation Under GOD or One Nation Under Judgment? Which one say ye?)
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To: Ken H

BTW Contempt of court conviction is how this would have gotten in her adult record and not the missing school itself.


107 posted on 05/30/2012 8:49:32 PM PDT by cva66snipe (Two Choices left for U.S. One Nation Under GOD or One Nation Under Judgment? Which one say ye?)
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To: berdie
Don't think she'll have to worry. She now has over $100,000 in a trust fund, and has been contacted by Stanford University.

She sure got the best of Judge Doofus!

108 posted on 05/30/2012 8:51:40 PM PDT by Ken H (Austerity is the irresistible force. Entitlements are the immovable object.)
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To: cva66snipe

“school policy in this nation was made by sane persons”

But then the Feds got involved. But that is a different topic for a different day.


109 posted on 05/30/2012 9:07:28 PM PDT by berdie
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To: Ken H

I am so glad this turned out as it did.

Giving the judge a break (I am having a soft moment) he may have been ruling by the letter of the law. But the “making an example” comment, putting her in jail and fining her was out of line, imho.

Many AP classes transfer to college credits. That may be her ultimate goal. One of my friend’s grandaughters did that and got thru college in three years.

Another’s daughter studied at home on-line until her sophomore year when she decided she wanted the social interaction. But she could have graduated on-line.

There are options. And now it sounds like she might have a few. Good for her! Stanford would be blessed to have her.


110 posted on 05/30/2012 9:22:55 PM PDT by berdie
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To: Ken H

Amen!

I had been watching all day. Going to read about it.

Thanks for the ping.


111 posted on 05/30/2012 9:38:56 PM PDT by AlmaKing
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To: berdie
I cut him no slack. That girl should never have been put in a jail cell. He was not required to do so.

Whenever his name is Googled from now on, this case is what will turn up. Now that's what I call Justice.

112 posted on 05/30/2012 9:39:36 PM PDT by Ken H (Austerity is the irresistible force. Entitlements are the immovable object.)
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To: Navy Patriot; berdie; TexConfederate1861

Well, Tex, sure there is more out there about your Justice of the Peace friend. There is more to come after I give you these first two links. The rest of us are getting to know him pretty well.


This justice of the peace ran unopposed and won by default in 2008.

Then, he got investigated for false campaign filings by the election commission:

http://montgomerytx.countymonitor.com/files/2009/05/tec_moriarty_reso.pdf

IV. Findings and Conclusions of Law

1. Failure to Properly Disclose Political Contributions
2. Failure to Properly Disclose Political Expenditures
3. Failure to Properly Disclose Contributions Maintained
4. Accepting Corporate Contributions (illegal)

V. Representations and Agreement by Respondent

By signing this order and agreed resolution and returning it to the commission:

1. The respondent neither admits nor denies the facts described under Section III or the commission’s findings and conclusions of law described under Section IV, and consents to the entry of this order and agreed resolution solely for the purpose of resolving this sworn complaint.

2. The respondent consents to this order and agreed resolution and waives any right to further proceedings in this matter.

________________

From a bio on himself:

http://www.texas-ec.org/members/localpages/midsouth/mids0207.pdf

“As a people’s court, many of the cases are rather informal in nature and can be handled as such,” said Judge Moriarty. “I try to be open and honest with an attitude that says I care.”

With a successful tenure in law enforcement including 21 years with the Houston Police Department and 10 years with the Montgomery County Sheriff’s Department, Judge Moriarty reminds himself daily, “I am a human first and a law enforcer second.”

“Since the day I decided to run for office, I have always believed in helping my fellow citizens through the law and common decency,” Moriarty said.

“Putting in a full day as a JP requires a mental focus that rivals a lot of the physical exhaustion that I have experienced in other work.”

“Our society is getting more litigious,
turning the people’s court into the lawyers’ court,” Moriarty said.

Other trends that judges must face are the continuing decline of parental guidance and reponsibility. “We are seeing too many parents serving as
their children’s friends and not their parents,” Moriarty said.


113 posted on 05/30/2012 10:08:57 PM PDT by AlmaKing
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To: TexConfederate1861; AndyJackson

Tex

He’s not an attorney by his own admission. He never went to law school or college. He graduated high school and worked as a LEO until he was elected as Justice of the Peace in an unopposed election.

So, you are lying my friend.


114 posted on 05/30/2012 10:14:15 PM PDT by AlmaKing
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To: TexConfederate1861; cva66snipe

cva66snipe

pls see my downposts regarding this Justice of the Peace.

Tex doesn’t have his facts correct.


115 posted on 05/30/2012 10:15:55 PM PDT by AlmaKing
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To: AndyJackson
I don't Texas Law, but isn't 17 the dropout age there? IF true, and that's a big if, why is it illegal to miss school, but not to drop out.

As far as the example goes, that is BS. Judges need to judge each case as an individual basis.

116 posted on 05/30/2012 10:16:35 PM PDT by Darren McCarty (The Republican Party is bigger than the presidency.)
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To: TexConfederate1861; cva66snipe

THe law you cited also states the penalties allowable for the truancy offense. The law does not state monetary fines or jail times as possible penalties. This justice of the Peace took it on himself to impose penalties not allowed by law.


117 posted on 05/30/2012 10:17:47 PM PDT by AlmaKing
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To: TexConfederate1861
There is enforcing the law, and there's also discretion about when and how to apply the penalties of the law.

I don't know Moriarty to have an opinion of him one way or the other. I do personally have a problem tossing non-violent/non thieving offenders (but throw the book at those two types) in jail, but that's my own philosophy.

118 posted on 05/30/2012 10:23:57 PM PDT by Darren McCarty (The Republican Party is bigger than the presidency.)
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To: Lurker

Damn it. I need my copy of that book back.


119 posted on 05/30/2012 10:31:20 PM PDT by Darren McCarty (The Republican Party is bigger than the presidency.)
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To: AlmaKing

I’m not lying about a damn thing. As far as i knew he was one.


120 posted on 05/31/2012 4:38:02 AM PDT by TexConfederate1861 (Surrender means that the history of this heroic struggle will be written by the enemy.)
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To: TexConfederate1861
The prosecutor brought up the charges. Lanny is a dang smart fellow, and there had to be a reason he gave her jail time... If the prosecution brings it before the judge, then it is his responsibility to uphold the letter of the law.

It was the prosecutor who decided to drop the charges, not the judge, and it appears that your friend is indeed nothing but a mind-numbed robot who just does what the prosecutor asks, rather than make up his mind on what is a just outcome.

The judge is not, unlike your close friend her, a robot whose job is to find for the prosecution, but to make sure that justice is done after looking at all the facts.

What part of "justice" don't you understand. Justice is a pretty fundamental concept for any society and conservatives can no more survive perpetrating injustice than can liberals. If your ideology requires that you tolerate injustice in the name of some sort of robotic "law is the law" concept then your ideology is headed for disaster at the polls.

That judges are to judge according to circumstances is a part of the common law reformed by equitable principles that is the basis for our own law. Our founding fathers created an independent judiciary exactly because of the tyranny of legislatures. Even in the best of circumstances no law can be written so that it is flawless and foresees all circumstances. That is exactly why we have judges in the first place.

That your friend is not a real judge but an LEO just says it all.

121 posted on 05/31/2012 4:42:27 AM PDT by AndyJackson
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To: All

I have known this man for a number of years, served with him in Lion’s Club and on community projects, and I have made my opinion known. If you want to crucify this guy, go ahead. I reserve judgement until the facts are known, and we will se what the people of his pct say.

This is my last word on the subject.


122 posted on 05/31/2012 4:43:22 AM PDT by TexConfederate1861 (Surrender means that the history of this heroic struggle will be written by the enemy.)
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To: TexConfederate1861
I’m not lying about a damn thing. As far as i knew he was one.

Well...obviously someone was lying...eh?

And charges dropped. Did you ever stop to wonder why he went off hiding? It's because the media had the RIGHT story (yes...they lie...but they were right here).

And...don't give me the "He had to apply the law" speech. Bull. I've had my dealings with JP's. My dad's best friend was a JP. I was caught "criminally trespassing" in 45 degree weather...wearing a t-shirt an penny loafers with my rifle and 1 bullet. I heard my dog being attacked and I ran into a pasture to get her and the owner of the lease just happened to drive by and accused me of hunting. Now picture this: 45 degrees...white t-shirt...sweat pants...penny loafers...pouring down rain...and 1 bullet.

But I had crossed the fence with a rifle so I was "criminally trespassing" and the deputy had no choice but to write me up since the jerk insisted on pressing charges.

All I can say is I am glad I didn't have YOUR FRIEND as a JP. My dad's friend said "this is stupid." 1 Month probation and at the end it was removed from my record.

No...JP's can look at a situation...and apply common sense. Perhaps you are not seeing this because you are too close. The media was right...he was wrong....or stupid. Otherwise he would have gotten out ahead of the story with the facts...not hide like a little girl. Man up for heaven's sake.

And yes, it's not JUST your idiot friend to blame here. It is the whole "no tolerence" laws. They are stupid. They take away common sense...something terribly lacking in this society...something your friend is in desperate need of. If he is telling you he is an attorney, it sounds like he needs to be "replaced" by someone with more common sense...and some integrity.

123 posted on 05/31/2012 5:21:53 AM PDT by NELSON111
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To: AlmaKing; TexConfederate1861; AndyJackson

Sounds like somebody must have had the riot act read to them....


124 posted on 05/31/2012 7:44:12 AM PDT by varmintman
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To: TexConfederate1861; All
I’m not lying about a damn thing. As far as i knew he was one.

Ignorance of incompetence is no excuse, and you just don't get it.

Your buddy's title is "Justice of the Peace", and it is a title of honor.

There is no "law" or "enforcement" or "executive" or "czar" or "jailer" or "warden" or "parole".

Only "Justice" and "Peace".

It is his job to consider ALL the facts, and apply the law in the spirit of the law, specifically, and not the letter of the law.

It is his job to strike down unconstitutional laws and to mitigate application of laws that don't properly fit the situation.

The Constitution usually requires a jury to make sure he does so, and he used a manipulation of law to deny that jury to this student. Obviously, he would have never gotten this by any jury.

125 posted on 05/31/2012 9:00:24 AM PDT by Navy Patriot (Join the Democrats, it's not Fascism when WE do it and the law is what WE say it is.)
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To: TexConfederate1861

Tell your idiot friend to Google up his name. This is NEVER going to go away for him!


126 posted on 05/31/2012 12:39:23 PM PDT by Ken H (Austerity is the irresistible force. Entitlements are the immovable object.)
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To: NELSON111

It does indeed look as if he made a mistake. But it still is up to the people of his pct. to decide what to do.

I think it would be a crying shame to fire the guy for a mistake. But....then again, I don’t consider myself as perfect. Apparently, there are plenty on this forum that are experts at doing another man’s job. My Grandad used to say, “never judge a man until you have walked a mile in his moccasins”


127 posted on 05/31/2012 2:02:46 PM PDT by TexConfederate1861 (Surrender means that the history of this heroic struggle will be written by the enemy.)
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To: AndyJackson

Whatever. His own pct. will decide his fate. He is an elected official.


128 posted on 05/31/2012 2:05:33 PM PDT by TexConfederate1861 (Surrender means that the history of this heroic struggle will be written by the enemy.)
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To: AndyJackson; AlmaKing
I wonder if Diane was put through the humiliation of a strip search before being locked in a cell. My guess is that she was.

Lanny Moriarty is scum and deserves every bit of shame and scorn that's coming his way. Punk shot himself in the foot. Big time.

129 posted on 05/31/2012 6:27:30 PM PDT by Ken H (Austerity is the irresistible force. Entitlements are the immovable object.)
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