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25 Mar 8:01 am by standdown
... after the U.S. Supreme Court granted a petition for a writ of certiorari in Baze v. Rees to determine whether the chemicals used in Kentucky's lethal injection method ... s attorney and a partner in Jackson Walker in Dallas. Babcock says, "Judge Keller should not be in this position. I cannot imagine why the commission voted to have formal ... report noted in this post. In her formal response to charges filed in February, Keller said blame more properly lies with inmate Michael Richard's lawyers, who she ...
StandDown Texas Project - http://standdown.typepad.com/weblog/
21 Aug 7:29 am by Steve Hall
... handle any late appeal from Richard. Knowing she was not the assigned judge, Keller still chose to address and dispose of a request from Richard's legal team ... which the U.S. Supreme Court had granted a petition for certiorari in Baze v. Rees on the morning of Richard's execution day. In videotaped testimony of his Aug ... However, on Thursday, Chip Babcock, the attorney defending Keller, played the political card, saying the misconduct charges were nothing more than "a well-orchestrated attack by death ...
StandDown Texas Project - http://standdown.typepad.com/weblog/
11 Jul, 2007 7:01 am
... brought against the producers of the first Spiderman motion picture (Sherwood 48 Associates v. Sony Pictures Entertainment, Inc., 213 F. Supp. 2d 376 (S. ... product, Mylanta Night Time Strength Antacid (Novartis Consumer Health, Inc. v. Johnson & Johnson & Merck Consumer Pharmaceuticals, Co., 129 F ... advertising law? Keller: Not so much in the area of false advertising law, because the principles are the same regardless of the medium. These changes relate more to how the business is conducted ...
43(B)log - http://tushnet.blogspot.com/index.html
26 Mar 5:40 am by SHG
... used to overcome the absence of fact and logic and rely on stereotyped hatred. Keller argues that, at length, that Michael Wayne Richard, the man whose fate she sealed, ... (notwithstanding the Supreme Court's decision that very morning to grant cert. in Baze v. Rees). Even though the defense was clearly entitled to raise this argument anew, the point ... watching Killer Keller with the shoe on the other foot. I sure hope they don't pinch. Too much. Update: Bennett's got more on the subject, this time ...
Simple Justice - http://blog.simplejustice.us
7 Nov, 2008 12:37 am by R.J. MacReady
... signs and symptoms of a child that had been sexually abused. Judge Womack concurred, along with Judges Keller, Keasler, and Hervey. Womack disagreed with the majority's conclusion that it is natural to presume a patient understands better the ... truthful when dealing with a physical injury than when the patient deals with a mental one. According to the concurrence, patients are more likely to be aware of the need for truth when dealing with a mental health issue, as patients don't even have to be ...
Texas Court of Criminal Appeals blog - http://www.txccablog.com/
27 Apr 11:57 pm by Gritsforbreakfast
... testified at the hearing. Also, go here to download the Texas Supreme Court's ruling in Ferguson v. Maddox (1924), a case that was much discussed at the hearing. This appears to be the key precedential case governing impeachment proceedings in Texas ... Senfronia Thompson is the only current legislator who actually sat on the impeachment committee. MORE: Steve McGonigle at the Dallas News has a good account of the testimony from Keller's only defender at the hearing, former CCA Judge Frank Maloney. ...
Grits for Breakfast - http://gritsforbreakfast.blogspot.com
27 Jun, 2008 1:54 pm by Kelly
... can read more about what is and is not allowed here. You can also download the IRS guidelines (with specific examples) as a pdf here. And yet, Keller feels ... your speech depending upon what category you fall into… In this case, Bill Keller's organization made the conscious decision to "opt in" to IRS tax-exempt status. ... organizations that engage in prohibited campaign activities. The case that is pointed to the most is Branch Ministries v. Rossotti, 211 F.3d 137 (D.C. Cir. 2000), where the court ...
taxgirl - http://www.taxgirl.com/
27 Mar 2:31 am by Gritsforbreakfast
Mark Bennett brilliantly dissects Court of Criminal Appeals Presiding Judge Sharon Keller's sworn answer to charges by the Commission on Judicial Conduct, and pulls out ... squirming a bit, doesn't it? Even more deliciously, writes Bennett: My second favorite part of the answer is where Judge Keller claims that "If applied to these charges ... knows this, of course, because she joined in the opinion (Griffith v. State - WPD). Judge Keller says she's being forced to choose either to "defend herself pro ...
Grits for Breakfast - http://gritsforbreakfast.blogspot.com
23 Sep 2:02 am by R.J. MacReady
... public hearings and post-adoption judicial review, help ensure the agency conforms to those standards. With this backdrop, Presiding Judge Keller proposed a rule for determining the constitutionality of a delegation of authority. It's okay so long as four conditions are met: ... review. Here's a link to the oral arguments. * * * * * Well, I like Presiding Judge Keller's new proposed test because it provides more guidance than simply saying the legislature provided guidance and limitations. That kind ...
Texas Court of Criminal Appeals blog - http://www.txccablog.com/
19 Nov, 2007 8:41 am by standdown
... Supreme Court's Sept. 25 decision to grant writs of certiorari in Baze v. Rees. In Baze, two condemned men from Kentucky allege that the trio of chemicals used ... man who, given one more day, likely could have persuaded a court to postpone his death. And: The news reports that circulated about Keller refusing to keep the CCA ... 's executive director, declines comment on how many complaints it has received against Keller. "I cannot confirm or deny we've received any complaints," Willing says. Earlier ...
StandDown Texas Project - http://standdown.typepad.com/weblog/
9 Oct, 2008 7:12 pm by standdown
... 's ruling last week, Court of Criminal Appeals presiding Judge Sharon Keller enjoys "judicial immunity," which insulates her from being sued for violating the civil rights of ... . Supreme Court had said it would review a similar case from Kentucky (Baze v. Rees), and Richard's attorneys were seeking a stay for their client ... Conduct by Texas Civil Rights Project Director Jim Harrington and signed on to by more than a dozen other influential attorneys is also in limbo - Harrington says that because of ...
StandDown Texas Project - http://standdown.typepad.com/weblog/
18 Dec, 2008 7:01 am by R.J. MacReady
... overruled Norris in the process) because transferred intent applies to a different victim, not more than one. [So would the Court have upheld the capital case if the ... Price and Womack concurred to explain why they vote to overrule Norris v. State. The plain language of Penal Code §6.04 does not accommodate ... not contained in the application paragraph. Consequently, Presiding Judge Keller would not address the continued vitality of Norris v. State because the evidence was sufficient. Judge Hervey, ...
Texas Court of Criminal Appeals blog - http://www.txccablog.com/
12 Mar 5:00 am by R.J. MacReady
... reason for the handcuffs. Here's the money quote: "The fact that a pedestrian is nervous when approached by a police officer at night, without more, is insufficient reason to handcuff him." While she's reluctant to second guess a police officer on the street, Judge ... tip.] * * * * * Personally, I think Judge Keller has the right approach here, which is probably why the opinion was unanimous. This case is very similar to Terry v. Ohio in that you basically have an officer stopping someone who is ...
Texas Court of Criminal Appeals blog - http://www.txccablog.com/
18 Feb 3:29 am by Dan Filler
... Back in 2007, hours after the U.S. Supreme Court granted cert in Baze v. Rees - throwing the legality of current lethal injection procedures into doubt - attorneys for ... sentence. Unfortunately, they had computer problems. They requested that Presiding Judge Sharon Keller keep the clerk's office at the Texas Court of Criminal Appeals open for an extra 20 ... life, others would surely respond, even for one more day. And this case doesn't speak well of Keller (though it's no worse than future President ...
The Faculty Lounge - http://www.thefacultylounge.org/
16 Oct 5:46 pm
... condition of probation was based on "considerations not statutorily or constitutionally authorized," see People v. Hernandez-Clavel, 186 P.3d 96, 98 (Colo. App. 2008 ... statutory scheme. Its contents, which I would presume under the statutes and Hernandez to be more reliable because they were generated consistently with the SOMB standards, indicate that defendant ... did not restrict the court's sentencing discretion, or invalidating an illegal sentence, Keller v. People, 29 P.3d 290, 295-96 (Colo. 2000 ...
Sex Offender Issues - http://sexoffenderissues.blogspot.com/
17 Jun 5:01 am by R.J. MacReady
... to basing peremptory challenges on race, they may have overplayed their hand. They overlook Young v. State where prosecutors considered the race of a prospective juror member but the context of the consideration showed it was not ... , I meant unsworn, un-cross-examined™ statements. I think there was a little more conflict amongst the statutory provisions than the majority was willing to acknowledge.] Presiding Judge Keller wrote a dissenting opinion that Judge Hervey joined. Keller noted that the ...
Texas Court of Criminal Appeals blog - http://www.txccablog.com/
23 Sep 2:04 am by R.J. MacReady
... the federal habeas hearing the woman whose house Skinner hid out in recanted her testimony. Presiding Judge Keller leaves open the possibility that a subsequent recantation of testimony might change the analysis on whether trial strategy was reasonable such that ... suggested that Skinner killed his girlfriend while her son was in the room didn't undermine the evidence that suggested he was more than capable of committing the crime. Finally, even if the first post-conviction testing done by the DA ...
Texas Court of Criminal Appeals blog - http://www.txccablog.com/
2 Apr 1:01 pm by R.J. MacReady
... 's egregious harm standard. Presiding Judge Keller, joined by Judge Meyers, concurred to suggest that the Court has often used the word "jurisdiction" when it really means authority. That's because before Marin v. State, the Court had an expansive definition of fundamental error, but now that it doesn't, it's become increasingly more important to correctly label what errors are actually "jurisdictional". The trial court clearly had subject matter jurisdiction over aggravated assault ...
Texas Court of Criminal Appeals blog - http://www.txccablog.com/
25 Oct, 2007 4:18 pm
The Supreme Court's 5-4 decision in Bowles v. Russell "dismiss[ed] the appeal of a convicted murderer because it had been filed two days late, even ... 's defense lawyers in Houston were having computer problems when they asked the court for 20 more minutes to deliver their final state appeal to Austin hours before the scheduled execution on Sept. 25. I suppose one question raised here is: did Judge Keller have a choice? Was she forced by Bowles not to extend the deadline? Justice Thomas's opinion ...
Concurring Opinions - http://www.concurringopinions.com/
2 Apr 1:03 pm by R.J. MacReady
... for a child." While being in loco parentis may include all of those things, it also appears to include a lot more. In loco parentis means in place of the parents and may include rights, duties, and liabilities like moral training and ... child statute. This suggested that the legislature may have intended a different definition under the abandonment statute. However, Judge Keller agreed that the case should be remanded for reconsideration of legal and factual sufficiency, which is why she concurred.
Texas Court of Criminal Appeals blog - http://www.txccablog.com/
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