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To: Crystal Palace East; saleman
-- this is going to be a big federal class action lawsuit. What JP did was LEGAL ... --

If everything the government did was legal, constitutional, etc., then there is no viable claim for deprivation of rights.

-- Why Defs have not moved to move entire matter to appeals level amazes me. --

I don't know exactly what you mean by "appeals level," but most of the accused did have excessive bail and lack of probable cause claims heard in a court that is superior to the JP's court. As for moving the entire matter to appeals level, Texas procedure has timelines and threshold conditions that must necessarily exist before an appeal is taken. Conditions precedent to appeal of a trial court decision don't yet exist.

-- If any party to a civil or criminal matter has enough sense to stop believing in the meritoriousness of their own case, and their case alone, they go to a mediator, or take the offered deal, but that happens all too rarely. --

Something on the order of 90-95% of civil claims are settled before trial. Most parties are well aware of the weaknesses in their case, and most know that the decisions at trial are arbitrary. I've had opponents who knew they had a losing hand on the law and merits go to trial, "rolling the dice." They have a non-trivial probability of getting a decision in their favor.

38 posted on 07/18/2015 4:46:19 AM PDT by Cboldt
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To: Cboldt

Damages will be awarded by a jury because, even though the setting of bail was legal at the time it was set, the issue that it has not now been moved along and other resources brought in to move things along, separate those who did possibly conspire in a felonious manner from those who obviously did not and get bail reduced for those who in all likelihood will have the felony charges dropped, will be a huge matter at EQUITY. Shortage of LEO / Court manpower was an excuse good for about 2 weeks at most.

Why haven’t they appointed a Special Master or AG sent a task force in? Who knows?

I think in many ways we agree here. Those who aren’t hell bent on their righteousness are the smart ones who settle/mediate. It’s often the “I KNOW I am 100% right” who will not settle. And even down deep, if they know they are not right, then their ego (or their lawyer with a big boat payment due) pumps them up to a 100% state.


39 posted on 07/18/2015 8:28:49 AM PDT by Crystal Palace East ("We Must All Hang Together, or Assuredly We Will All Hang Separately" B. Franklin)
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To: Cboldt

If memory serves, JPs in Tx are not “Courts of Record,” so Defs get an automatic one-up to the next higher court.

What was legal at Day 1-3, (and in reality, out to about Day 8-10) is now very foolish and very abusive, (and highly actionable,) at Day 61. But such civil action for monetary damages will have to wait many weeks/months before recovery is even sought.

From a civil standpoint, the longer the inappropriate Defs remain in jail, the greater damages they will claim and justify.


40 posted on 07/18/2015 8:38:06 AM PDT by Crystal Palace East ("We Must All Hang Together, or Assuredly We Will All Hang Separately" B. Franklin)
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