Post Conviction Public Defender | #appellatetwitter | Occasional FM disc jockey | Bad at twitter
Austin, Texas
Joined September 2012
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I hate to be the bearer of bad news and it gives me no pleasure to do so but, unless one of the 5 judges has a change of heart, the CCA is going to shut down the TRO in the Roberson case with some dispatch. This happens pretty regularly.
scholar.google.com/scholar_c…
Incredible news tonight from SCOTX. First, for Mr. Robeson and his tireless advocates. But it is also unprecedented, something no criminal lawyer would’ve bet on. And it feels like a huge shift in Texas state courts, maybe even a rupture. More interesting times ahead.
We’re on the radio at @wmuhfm for the next two hours for the last time until (maybe) winter! Wmuh.org/listen-live
I'm on the radio again, bringing two hours of gulf coast heat and humidity to the Lehigh Valley. Do tune in to @wmuhfm
wmuh.org/listen-live/
Michael Falkenberg retweeted
“He was an exceptional pirate.” Sweet memorial to John Nova Lomax, a reporter and writer who knew Houston better than anybody. houstonchronicle.com/lifesty… via @houstonchron
Having only known the famous Woodstock version of this number, I had no idea the studio recording featured Clarence White's splendid guitar playing!
here too youtu.be/eUq-9KPoJqE
This, and SCOTX’s refusal to get involved, were basically foregone conclusions. Time was the only issue, as far as I can see.
Here is the Texas Court of Criminal Appeals order vacating the trial court's preliminary injunction against Texas using expired drugs to execute prisoners. @TexDefender @TCADPdotORG @DPInfoCtr #deathpenalty
Forgot to tell Twitter, I was on the radio today for the last winter break old timer show. Otis and Carla, Nico, New York Dolls, Impressions, This Mortal Coil, Nile Rodgers, Terry Allen, all the usual stuff. Maybe I'll be back this summer!
mixcloud.com/msfalkenberg/th…
Good tweak to TX CCA 11.07 #habeas procedure in unanimous opinion by J. Newell. If prisoner files writ from prison & discharges sentence while writ is pending, restraint at time of filing grants jurisdiction & writ is decided on merits. #appellatetwitter
search.txcourts.gov/SearchMe…
Catching up on Fifth Circuit opinions this morning, I thought . . . this seems pretty radical. Innocence isn't a cognizable claim on federal habeas, but you now have to show it to be entitled to ANY habeas relief in federal court? #appellatetwitter #habeas #federalhabes
The Fifth Circuit, in a published opinion by Judge Oldham, has held that prisoners with *meritorious* constitutional objections to their conviction or sentence can’t prevail in post-conviction federal habeas petitions unless they show “factual innocence.”
utexas.box.com/s/jrqx68xf2wn…
Oh hello! I’m on the radio (FM and internet) at @wmuhfm for the next two hours, playing all sorts of records in the freeform style of the last century. Tune in! wmuh.org/listen-live/
TX CCA prohibits Travis County District Court from resolving merits of misdemeanor habeas writs arising from "Operation Lone Star" prosecutions in Kinney County. LOTS going on here for TX extraordinary writ and habeas corpus law. #appellatetwitter #habeas
search.txcourts.gov/SearchMe…
Important distinction, as always, between issuing the writ (determining the case should be heard) and deciding the merits of the writ. I don't read this to stop far flung courts from issuing the writ, which would require a decision in the home jurisdiction.
Anyone know what kind of suit they filed or where they filed it? #appellatetwitter
Breaking: the city of Uvalde filed a lawsuit against the local district attorney on Thursday, accusing her of hindering the investigation into police response to the Robb Elementary School shooting.
bit.ly/3ioP0Ox
