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22 Nov 2017, 11:23 am by Gritsforbreakfast
That excludes most inmates in Texas.Scott Henson: It's worth here giving a shout-out to Judge Elsa Alcala on the Texas Court of Criminal Appeals who raised all these issues in a dissent last year. [read post]
12 Nov 2017, 5:51 am by Gritsforbreakfast
Check out the November edition of Just Liberty's Reasonably Suspicious podcast, covering Texas criminal justice policy and politics. [read post]
12 Jul 2017, 9:24 am by Gritsforbreakfast
The Texas Court of Criminal Appeals last month issued an opinion in Ex Parte Mark Bowman, with a dissent from Judge Elsa Alcala, that caught Grits' eye - not because of the issues being decided in the case but thanks to the underlying fact pattern evinced in the discussion.At issue was a 2004 DWI in Houston and whether the defense counsel was alleged to be ineffective. [read post]
27 Jun 2017, 7:09 am by Gritsforbreakfast
 And five members of SCOTUS have now enshrined that perverse outcome into law unless the Legislature or state courts seek to change course.The outcome reinforces the outcry from Judge Elsa Alcala in a separate case in which she called for providing counsel for state habeas claims in a notable dissent. [read post]
13 Jun 2017, 4:42 pm by Gritsforbreakfast
See also Judge Elsa Alcala's dissent from the Buck case, which was received more favorably by justices on SCOTUS than by her colleagues on the Court of Criminal Appeals. [read post]
25 Mar 2017, 6:37 am by Gritsforbreakfast
It's also what's been touted for five decades as the essence of conservative judicial philosophy, which the CCA majority has here abandoned.The Court is supposed to go beyond the text of the statute for interpretation only when the language is ambiguous or would lead to absurd results, Judge Alcala observed. [read post]
10 Dec 2016, 7:22 am by Gritsforbreakfast
A recent dissent from Court of Criminal Appeals Judge Elsa Alcala demonstrated how and why problematic ID practices have been allowed to continue by Texas courts even after reform legislation had passed. [read post]
26 Nov 2016, 6:17 am by Gritsforbreakfast
Thanksgiving is over, but Grits is grateful for Texas Court of Criminal Appeals Judge Elsa Alcala, without whom I wouldn't have been aware of this major problem with the court's habeas corpus procedures.In an opinion released this week, Alcala pulled back the curtain on the court's internal policies to reveal how most habeas writs are decided by a single judge, in her opinion in contradiction to requirements in Texas' Constitution and statutes. [read post]
23 Nov 2016, 10:19 am by Gritsforbreakfast
See coverage from the SA Express-News, the majority opinion by Judge David Newell and a concurrence from Elsa Alcala. [read post]
17 Nov 2016, 7:43 am by Gritsforbreakfast
Here are a few odds and ends to clear Grits' browser tabs of brief items which merit readers' attention:Report confronts sexual assault in Texas prisonsGrits will have more on this soon, but for now here's the link to a new report from the Texas Association Against Sexual Assault and the Prison Justice League on sexual assaults in Texas prisons - one of the first in-depth looks at the issue since Texas agreed to comply with the federal Prison Rape Elimination Act.TX eyewitness reform… [read post]
24 Oct 2016, 5:21 am by Gritsforbreakfast
I'd rather not elect them at all, but if we must, combining Texas' high courts might at least improve this prostrated process.MORE: On Twitter, Judge Elsa Alcala notes that she and Texas Supreme Court Chief Justice Nathan Hecht similarly support merging Texas' two high courts. [read post]
16 Oct 2016, 5:58 am by Gritsforbreakfast
Rick Perry paid his lawyers upwards of $2 million to defend him against ultimately-dismissed non-capital felony charges, but the Texas Court of Criminal Appeals thinks a trial judge was reasonable in determining $48,000 was too much to pay the second chair in a capital-murder case resulting in a life-without-parole sentence.In yet another opinion "tinged with despair," Judge Elsa Alcala's dissent, joined by Judge Larry Meyers, aptly explains how ridiculous this… [read post]
24 Sep 2016, 5:04 am by Gritsforbreakfast
But four members of the CCA - Keller, Hervey, Keasler, and Yeary - have used every trick in the book to keep the court from interpreting the new law, causing Judge Elsa Alcala to lambaste them for disingenuity. [read post]
6 Jul 2016, 2:28 am by Gritsforbreakfast
The times they are a-changin' in GOPprimarylandia.Which brings us to the differences between Elsa Alcala and Sonia Sotomayor, two Latina judges from opposite ends of the political spectrum who both have passionately criticized unfairness and inequity in the justice system. [read post]
4 Jul 2016, 7:19 am by Gritsforbreakfast
Thanks Derek, for taking time to chat.This Grits item comparing Judge Elsa Alcala to a "black-robed, Latina John the Baptist" got picked up by the Marshall Project's daily email and got a lot of attention. [read post]
2 Jun 2016, 3:13 pm by Gritsforbreakfast
On her Twitter feed, Texas Court of Criminal Appeals Judge Elsa Alcala notes that she wrote dissenting opinions in two of the six petitions being considered in conference at SCOTUS today - Moore v. [read post]
18 Apr 2016, 8:54 am by Gritsforbreakfast
Texas has done such a poor job of providing recourse to indigent defendants with ineffective trial attorneys, Judge Elsa Alcala observed in a recent dissent to the denial of a habeas corpus writ, that the federal courts have begun allowing state prisoners to bypass state courts entirely, filing ineffective assistance claims in federal habeas writs without state courts having to rule on them. [read post]