Supreme Court Limits Miranda Rights, Silence Can Incriminate

by: Edward Garris

Tue Jun 18, 2013 at 01:00 PM CDT

You win some, you lose some.  The U.S. Supreme Court yesterday ruled against a criminal defendant in Texas and circumscribed defendants' Miranda rights in the process. Miranda rights are the rights that everyone knows - you have the right to remain silent, anything you say can and will be used against you, etc.

Miranda rights arise from the seminal case Miranda v. Arizona, 384 U.S. 436 (1966) and are designed to give criminal defendants or suspects protection from incriminating themselves.  However, one of the linchpins of Miranda rights is that they apply when a person is in custody - when a reasonable person would not feel that he or she is free to leave.  

To see the new limitations, read below.  

Gov. Perry's Tiff With WSJ Exposes His Major Weakness: National Press

by: Joe Deshotel

Thu Jun 13, 2013 at 09:42 AM CDT

Now that might not be a line of attack for Democrats, but be certain it will come up in the Republican Primary should he choose to declare his candidacy for President. Inadvertently, the WSJ exposed a big flaw in Gov. Perry's version of the "Texas Model". With one line, "Republicans spend their energy gusher, and then some.", the WSJ acknowledges what I have said over and over again -- Led by Gov. Perry, Texas Republicans have used the oil industry as a crutch to avoid fixing our state's structural deficit, or having to responsibly and sustainably pay for programs like education and transportation that are important to Texans and businesses.

Now the Gov. is facing tough, yet inevitable, questions about Medicaid expansion and this time its coming from the heart of the oil industry...  

Nothing Changes in Texas but the Meaning of law

by: Arctotraveler

Wed Jun 12, 2013 at 07:29 AM CDT

I have filed a Victims of Crime Reimbursement Application against the State of Texas and required by law to notify all other known parties. This Is Public Notice That You May Have Been A Victim of Texas Disabled Decimation, Retaliation and Intrusive Surveillance Devices Freely Collected And shared by Texas Fusion Centers as listed below:

The existence of the opinion was first disclosed last year by Sen. Ron Wyden, D-Ore., who revealed that there was at least one case in which the FISC had found the government conducted spying that had circumvented the law

I have open grievances against the state of Texas that have yet to be resolved. Due process is guaranteed me to redress my grievances by our constitution; however, I have never had opportunity to voice my concerns because of the disability discrimination In Texas and have been denied legal counsel by disability attorneys that received Federal funds in the state of Texas. Stopping funding is not enough! You have an obligation to me and all disabled student to address these criminal acts against disabled students which includes disabled veterans such as me who attended schools in the state of Texas 2006-2009.

1) Disability Discrimination Retaliation claim never worked continued on and off campus until present day. Includes stalking and retaliation and refusal to disburse funds and now to credit those funds

2) Private Firms and Fusion centers sharing of information and targeting of a disabled and student and anyone associated with a disabled student

3) The disturbing reality that the State of Texas was profiteering off our loans, while none of the profits that were distributed to shareholders and contributed to millions of dollars of revenue back to the State of Texas have been deducted from our loans! Newspaper 2009

4) International Stalking

5) Stalking by deadly force

6) Human Research Outside of Protocol

7) Intrusive Electronic Human Exploitation

Gregory N. O'Dell  

Gov. Rick Perry Uses Tax Dollars To Attract Businesses To His Limited Government Message

by: Joe Deshotel

Tue Jun 11, 2013 at 10:38 AM CDT

There is wide speculation that Perry will cede the Governor's mansion to Greg Abbott, and run for president again, but it's not clear how mocking other states or taking their jobs will be a campaign asset. Essentially on the national level Perry's "job creation" in Texas amounts to "job shifting". His plan of letting other states educate a workforce and incubate businesses merely to lure them to Texas is at best a cynical one, but is the focus of his "Texas Wide Open For Business" website. There Texas' job numbers and industry profiles are highlighted in what Perry claims are the, "opportunities and freedom available to families and businesses thanks to Texas' healthy economy." But what is oddly missing is anything about the health of the people of Texas, or our top ranking uninsured population, instead under the "Quality of Life" tab you will find information about the state's sports franchises and our natural resources. There is, as Dan Harr of the Hartford Courant put it, a "dark underbelly" to every aspect of the Texas model. For instance that our sheer size alone lends itself to many of the pros Perry is selling like, low cost of living, and high number of exports.

It's no surprise the Governor's ads will be airing in the blue states of New York and Connecticut as he has made similar pitches to businesses in California and Illinois. Probably the most insincere aspect of his pitch for limited government is how much he has used it for purposes of personal gain and business development. The Texas Open For Business website includes a host of "incentives" targeted at business, which if they were truly people would be called tax cuts, subsidies or at the very least loopholes. Also worthy of note is that it is all being paid for by TexasOne, an organization funded by private corporate donations, local governments and economic development corporations, and overseen by the Governor's office. And, while Perry's office claims that no tax dollars were used to purchase ads or pay for travel, the Houston Chronicle found that over $2 million of the almost $5 million raised by TexasOne did infact come directly from sales taxes.

See the commercials airing in CT and NY this week below the jump...

The Gender Wage Gap, 50 Years Later

by: Annie's List

Mon Jun 10, 2013 at 03:31 PM CDT

Fifty years later...

June 10th, 2013:

* The average Texas woman still earns just 82 cents for every dollar her male peer earns.
* HB 950, the Texas 'Lilly Ledbetter Bill' has passed through the Texas Legislature for the first time in history, and is sitting on Governor Rick Perry's desk awaiting his signature.

Today, Rick Perry is wavering on signing this no-brainer bill into law, and it is a sign that he disrespects women in Texas...even as we mark 50 years of working to close the pay gap.

Let's keep the pressure on Perry to do what's right by electing more strong progressive women to hold him accountable. HB 950 was championed by Annie's List endorsed lawmakers Senator Wendy Davis and Representative Senfronia Thompson.

The presence of just a few more progressive women in office has already started us down the path to progress. Together we can celebrate future anniversaries of the Equal Pay Act with a strong Texas law protecting women from discrimination on the books.

Republican Congress Votes to Deport DREAMers

by: Joe Deshotel

Fri Jun 07, 2013 at 01:09 PM CDT

The 2012 executive order signed by President Obama was hardly blanket amnesty. In order to be protected individuals must have arrived in U.S. before age 16, lived in country for five years, and have enrolled in school or be military veterans. According to the DCCC the Amendment also:

"prohibits other prosecutorial discretion policies that ensure the agency's immigration enforcement resources are targeted at serious criminals, and not at those who pose no threat to U.S. communities, such as victims of domestic violence and other crimes who come forward to seek protection and identify their abusers."

So, while our state Republican leaders are trying to enshrine discriminatory redistricting maps that disavow hispanic growth, the national party wants to deport the next generation before they ever have a chance to vote. It's no wonder why in a recent study by the National College Republicans found that only 28% of young people had a positive view of the Republican Party, and when "asked to say what words came to mind when they heard 'Republican Party.'", the responses included, "closed-minded, racist, rigid, old-fashioned."

The RNC acknowledges their party has an image problem, but they aren't doing what it takes to change it. No amount of talking points or minority outreach campaigns can overshadow a vote that directly impacts the family lives of the 800,000 DREAMers in this country.

Federal Judge Edith Jones: African Americans and Hispanics Prone to Acts of Violence

by: Edward Garris

Wed Jun 05, 2013 at 11:00 AM CDT

More than 90 years ago, future U.S. Supreme Court Justice Benjamin Cardozo wrote about judges:

"Deep below consciousness are other forces, the likes and the dislikes, the predilections and the prejudices, the complex of instincts and emotions and habits and convictions, which make the man, whether he be litigant or judge."

On February 20 of this year, Judge Edith Jones of the U.S. Court of Appeals for the Fifth Circuit gave a talk sponsored by the Federalist Society, a conservative group, at the University of Pennsylvania Law School in Philadelphia, in which, according to a complaint filed yesterday, she made the following points:

•The United States system of justice provides a positive service to capital-case defendants by imposing a death sentence, because the defendants are likely to make peace with God only in the moment before imminent execution;

•Certain "racial groups like African Americans and Hispanics are predisposed to crime," are "'prone' to commit acts of violence," and get involved in more violent and "heinous" crimes than people of other ethnicities;

•Claims of racism, innocence, arbitrariness, and international standards are simply "red herrings" used by opponents of capital punishment;

•Capital defendants who raise claims of "mental retardation" abuse the system;

•The United States Supreme Court's decision in Atkins v. Virginia prohibiting execution of persons who are "mentally retarded" was ill-advised and created a "slippery slope";

•Mexican Nationals would prefer to be on death row in the United States rather than in prison in Mexico;

•The country of Mexico does not provide and would not provide the legal protections that a Mexican National facing a death sentence in the United States would receive.

To read about the ethics complaint, read below the jump.  

Texas, TEA Party & Black Voters, Or, Why We Still Need The Voting Rights Act

by: Joe Deshotel

Wed Jun 05, 2013 at 10:00 AM CDT

"What I meant, and should have said, is that it is not, in my personal opinion, in the interests of the Republican Party to spend its own time and energy working to generally increase the number of Democratic voters at the polls, and at this point in time, nine of every ten African American voters cast their votes for the Democratic Party."

The statement may have elicited condemnation from officials in both the Republican and Democratic parties, but that sentiment is at the center of what the Supreme Court will be considering as it determines the fate of parts of the Voting Rights Act that deal with protected minority districts.

Currently the State of Texas is arguing that despite historic discrimination it should not be required to obtain federal approval of its voting maps, even though the most recent maps passed by the legislature were struck down as intentionally discriminatory. In fact, of the states and jurisdictions subject to Section 5 of the VRA, Texas is the only one whose maps were denied approval. The egregious nature of these violations, caused the ruling District Court to issue its own interim maps, meant to be temporary, so that the 2012 elections could be held on schedule. Now Gov. Rick Perry wants to take these temporary maps and make them permanent despite complaints from Democrats that, "The interim maps do not go far enough to reflect the minority population in Texas."  

Its pretty clear the Republican establishment, especially in Texas, has a bleak view of its future without minorities, but what is also clear is that there are now 2 distinct party factions whose growing fissures could hurt the long term viability of their party. Some of the ideological battles took center stage during the regular legislative session, with moderate Republicans reaching out to Democrats for votes over their Tea Party colleagues. On one hand limited-government advocates and social conservatives make up an important part of the Republican base along a large part of its Primary voters, but on the other, the fiery rhetoric on immigration and other social issues are clearly hurting the party's recruitment of young people, women and minorities.

Republican leadership may recognize that they need minorities to remain a viable party in the future, but before they start convincing skeptics on the outside, they may want to address the one's within. The Supreme Court as well as the Committee considering new maps should take into account, not just how historic laws may have interfered with minorities right to vote, but how those in charge may still have contempt for such voters if they aren't perceived to vote the "right" way.

Click the jump for the Tea Party audio clip and schedule of Redistricting Hearings...

Obama Tries for Three More Judges to DC Court

by: Edward Garris

Fri May 31, 2013 at 10:30 AM CDT

Got Judges?  

Nope.  Well, not if you live in the Fifth Circuit Court of Appeals, the federal appellate circuit that includes Mississippi, Louisiana, and - yes - Texas.  As we've reported before, the Fifth Circuit, and Texas, suffers from an inordinate number of vacancies in the federal bench.  The federal appeals court here has two vacancies - one since February of last year, and one since August of last year.  At the trial court level, the court where most people turn to justice first, and the last court most litigants actually see, the situation is even more dire.  The Eastern District of Texas has two vacancies, the Southern District of Texas (Houston) has three vacancies, the Northern District of Texas (Dallas/Fort Worth) has one more vacancy cropping up July 3, and the Western District of Texas (Austin) has one - open since November 2008.  The tallies from around the rest of the circuit can be viewed here.  

Photoblog: DREAMers in NY Protest Ted Cruz' Position on Immigration: "You Cruz, You Lose"

by: americasvoice

Thu May 30, 2013 at 02:05 PM CDT

Since then, DREAMers, immigrants, and allies-many of whom are Cruz's constituents back in Texas-have been up in arms, marching on Cruz's office to protest his votes on immigration.  (Cruz's anti-citizenship amendment failed, but Cruz later voted against moving the immigration reform bill forward altogether.)

Read more and check out more photos below the jump.