Adriana,
Did you not receive the attachment word doc? The original email went to you and a private investigator by the name of Don Shawver. Don Shawver conducted an investigation on DMC Regent Linda Garcia. We feel it is in the Public's Right to know the details of this investigation and the person or entity who funded it. Did the Caller Times hire Mr Shawver and if so why not the same scrutiny of all the other candidates? A DMC Public Records Requests turned out nothing significant except the fact that DMC answered it (the FOIA request) readily before the time period. I understand that there is an agreement between the In House Counsel (DMC) and the Caller as there is a recording of the in house counsel responding to what he believed to be a Caller TImes Reporter. The Reporter was questioning the in house counsel regarding the following published FOIA request:
Corpus Christi Watchdog Authority: Fwd: [Bay of Pigs] Judge Westergren has been given the opportunity to produce the ...
Tuesday, July 31, 2007
Monday, July 16, 2007
Pdittie P is for Plagerize. dittie is because he dittied out my response.
Poor Ian Thomsen. He’s an NBA writer for Sports Illustrated. Clearly he’s a fan of blogs - because he borrowed some material from one recently, and for reasons that remain unknown, he didn’t mention where he got it. And the first rule about stealing is to be careful what you’re taking - Ian found out the hard way.
Above by TheBigLead
WHO PLAGERIZED MY WORK PRODUCT DITTIE you should have at least credited it. Then again everyone already knows it was my work product and you are trying to act like you actually trumped any response. Let us continue or are you a coward?
Let's take your response point by point...
Posted by PDittie in Texas
Sun Jun 24th 2007, 08:39 AM
Say you guys determine who it is, if in fact there is a member....
There's not really any way that I know of that this can be determined, without knowing a person's DU handle being definititevly connected to their real name.
who works for Watts.
It would be a reasonable, appropriate conflict-of-interest disclosure for the person who meets this description.
If you attack him or her
I wouldn't, nor do I believe anyone else who has been on DU for a reasonable length of time would do so. That's not what we're about here.
WATT good will it accomplish
Exactly.
Noriega cannot beat Cornyn
Oh, you're completely wrong about that.
for him to win the Democratic Nomination will mean, we will have Cornyn for 6 more years.
It's a little early to be giving up, isn't it?
WATTS might not represent your every value on every issue; but, he is much more in line with us than Cornyn is.
I don't think so. I believe there is nearly nothing about his beliefs that is in agreement with the typical Democratic Party primary voter, and thus not only don't I think Watts is electable against either Noriega or Cornyn, I'm convinced he's barely a Democrat -- and then only out of convenience. In any event he's not the kind of Democrat I will vote for; he's cut out of the Joe Lieberman mold. I wouldn't vote for the man if he were running for dogcatcher of Corpus Christi.
When one builds a race car, he builds it to beat the competition in the final race; not just to make it to the final race.
Well, yes. One builds a race car to win every race. But Watts isn't a race car, and he won't win a Democratic primary no matter how much he spends, because -- again -- Democratic Party primary voters aren't pro-life, don't hold high admiration for candidates who can throw millions of their own money into their campaign, and don't usually support political novices who hide their history of donating to Republicans like Greg Abbott, David Dewhurst, and several Craddick Dems in the Lege behind a PAC whose headquarters matches that of their Corpus Christi law firm.
I believe he is a smart enough to see this handwriting on the wall without throwing more of his good money after bad, but it's quite possible his ego is so swollen that's it's cutting off his eyesight.
If you know anyone who knows Watts well enough to show him this post, on or off DU, being paid by him or not, you might pass this information along to them, in the hopes that they're brave enough to tell the candidate the truth about his bid for public office.
I would just hate to see anyone be embarrassed so publicly, even Mr. Watts.
Discuss (1 comments)
Anton Haley
Tue Jun-26-07 12:14 AM Response to Reply #19 22. Define "Progressive".
Pd: "There's not really any way that I know of that this can be determined, without knowing a person's DU handle being definititevly connected to their real name."
Haley: A little homework goes a long ways. Also, this is not a secret, those of us who are "in the know" have known for quite a while. So yes, I would say there are at least 2 or 3 members of the DU who are employed by the Watts Law Firm. Also, just because one works for Mikal does not mean they have the same ideology. Mikal employs Republicans, Progressives, Democrats and apolitical ideologies. To accomplish, one needs to accumulate support from not only ones of his own ideology but to acquire support from competing ideologies varying from issue to issue.
"Pd: It's a little early to be giving up, isn't it?"
Haley: Apparently, you dont know too much about "this indian" from South Texas. We never give up and we never lose. Once in a while we run out of time. Define "Progressive".
Pd: "I don't think so. I believe there is nearly nothing about his beliefs that is in agreement with the typical Democratic Party primary voter, and thus not only don't I think Watts is electable against either Noriega or Cornyn, I'm convinced he's barely a Democrat -- and then only out of convenience. In any event he's not the kind of Democrat I will vote for; he's cut out of the Joe Lieberman mold. I wouldn't vote for the man if he were running for dogcatcher of Corpus Christi."
Haley: That dogcatcher phrase, where have I heard that before?
Does compañero Raul Cano ring a bell?
I will forward your post to Mr Watts. I am sure he will find it amusing.
I don't believe Rick approves of the divisive approach.
Truly, we are looking to defeat Cornyn.
We are on the same side.
So, if it is Watts v Cornyn who will you vote for?
Friday, July 13, 2007
Telemundo South Texas: BOYCOTT TELEMUNDO Advertisers & Corporate Conglomerates who claim lip service to "COMMUNITY AFFAIRS".
Telemundo South Texas: BOYCOTT TELEMUNDO Advertisers & Corporate Conglomerates who claim lip service to "COMMUNITY AFFAIRS".
Beware of the Progressive Bandwagon & at least you guys had a good template to follow. No need to say anything else right guys? This cause needs a target for a concentrated effect moving the steadfast who remain unrebuffed. We need the corporations and the companies that hire the raw labor to be able to benefit from the labor and process the worker class of mejicano as Corporate America strives and works in the lobby and underneath whispers to process the Asian Technology Class ala PING. I will direct you to center stage with Johnny Canales. "Take It Away",........ "Esso". Is that how you spell it.
Johnny,
Here is some energy for your BOYCOTT TELEMUNDO & Breach of Contract Litmus Test.
Press Release: National Call For Action Spreading Thru Internet Rapidly Inbox
 | from | "H. Goodson" | hide details | 2:54 am (5 minutes ago) | ||||
| to | Jaime Kenedeno jmaccormack@express-news.net, lharter@newsguy.com, news@kiiitv.com, news@kztv10.com, news@recordstar.com, newsroom@kristv.com, g acovarrubias@entravision.com, averytl@caller.com, garzaa@caller.com, kent.harrell@kztv10.com, ksullivan@kiiitv.com, metrodesk@caller.com, mramirez@entravision.com, noticias28@entravision.com, rgonzales@kristv.com | |||||||
| date | Jul 13, 2007 2:54 AM | |||||||
| subject | Press Release: National Call For Action Spreading Thru Internet Rapidly | |||||||
| signed-by | yahoo.com | |||||||
| mailed-by | yahoo.com | |||||||
Reply to all
Forward
PrintNational Call For Action Spreading Thru Internet
Rapidly
E-mail has also crossed U.S. borders into other
countries around the world!
By H. Nelson Goodson
El Conquistador Newspaper
3206 W. National Ave.
Milwaukee, WI 53215
U.S.A.
414-383-1000
conquistador@bizwi.rr.com
July 13, 2007
Milwaukee- An e-mail calling for national action and
the financial management of our economic purchasing
power by Latinos and immigrants to influence
immigration reform is circulating and spreading like
wild fire on the Internet. Even, conservative and
anti-immigrant groups have posted the e-mail on their
web sites. The LibertyPost.org posted on their web
page, “We won round 1. NEW Immigration fights are
gearing up. WATCH where you spend your money $$$ !!
DON'T relax. The fight is not over YET. Supporters of
Amnesty are already gearing up for the next round. We
cannot rest on our laurels until we pass legislation
that prevents any future Amnesty bill from ever
passing.”
http://www.libertypost.org/cgi-bin/readart.cgi?ArtNum=192851
The e-mail has also crossed the United States border
into other countries. The circulating e-mail reads,
last month’s decision by the U.S. Senate to block an
immigration bill has left Immigration reformist around
the country debating about what alternatives are left
and how to bring an immigration bill back to the
floor. The Senate’s decision to block any action in
approving a bill has for now sealed its fate. Will the
House now have enough support to revive the issue?
Probably not, and advocates for a just immigration
bill will now have to wait until after the 2008
Presidential elections.
Will the current Presidential candidates take up the
debate and promise to support and sign a comprehensive
immigration bill into law as President George W. Bush
has agreed to do so? We might have to wait for an
answer from the candidates.
Undocumented immigrants contribute more than 890
billion of dollars into our U.S. economy per year.
Millions of americans who support immigration reform,
including immigration advocacy groups, educators,
community based organizations, unions and members of
the entertainment industry as well as major Latino
owned businesses, food processors, financial
institutions, mortgage firms, corporations,
manufacturers, and the list continues, have and will
continue to contribute just as much into our economy.
Last year and including May 1, 2007, the immigrant
population, their families, friends and supporters for
immigration reform have marched in huge numbers
totaling millions throughout cities around the
country. Their ability to organize and vote resulted
in the unexpected control of both houses by Democrats.
Even President Bush surrounded by his cabinet with
frowning looks conceded defeat live on national news
networks.
Immigrants, advocacy groups and supporters have united
for a common cause throughout the nation. Their
efforts have yet to be taken seriously by those
opposing the legalization of the 12 million
undocumented immigrants already in the country.
What alternatives do immigrants have for now to get
the immigration issue resolve in the near future?
Immigration advocates could argue by looking at the
current situation that undocumented immigrants are
left with few options. But today, there is one
rewarding option which has not been fully utilized by
immigrants.
Immigrants need an effective strategy for financial
management of their economic purchasing power which
totals in the billions of dollars to influence
immigration reform. People from across the country
have suggested for financial management of our
expenditures and are waiting for the inevitable. The
national call for action is the inevitable.
Our success to bring about a just immigration reform
depends on every individual and persons willing to
adjust their spending practices. Today, we spend our
money just about anywhere and on anything without
realizing who actually ends up with our money. The
Senate’s decision to block immigration reform sends
the wrong message that undocumented immigrants from
Russia, Asia, the Middle East, Africa, Europe, Mexico
and all over the world are not welcome in America,
especially when they help contribute to their state
and cities' economy and cultural wealth.
On September 17, we should begin to invest, shop and
spend our money in businesses and entities that
support immigration reform. We have a grace period
from now until September to begin adjusting our
expenditures by shopping in places that are willing to
post a sign in the window saying “We Support
Immigration Reform Now” and display a copy of a
certified letter sent to their Congress and U.S.
Senate Representative requesting support. If they
don’t know about it, feel free to advise them to post
one up as soon as they can.
Once we are able to manage our purchasing power as a
united effort throughout the nation, then we can
accomplish our quest to influence the passage of a
just immigration reform. Why has September 17 been
chosen as the target date to actually begin our full
strategic action throughout the nation. It’s the day
after the well celebrated 16 de septiembre la
Independencia de Mexico. On September 16, numerous
communities with largely Hispanic populations
throughout our nation recognize and celebrate the
Independence of Mexico, which has been commercialized
by this country. It’s a celebration where non
Hispanics also take time to go out and consume Mexican
products, eat tacos and enjoy Mariachi music.
Opponents of immigration reform claim that a large
portion of Hispanics in the country are undocumented.
In conjunction with September, Hispanic Heritage month
begins and will no doubt provide awareness of how
truly Hispanics and immigrants have contributed to our
nation. As a nation, we recognize the achievements and
contributions Latinos and non Latinos have done while
working along side each other for the welfare,
freedom, liberty, economic success, and especially for
those brave women and men who have given their lives
as the ultimate sacrifice to protect our country and
uphold the U.S. Constitution.
Rapidly
E-mail has also crossed U.S. borders into other
countries around the world!
By H. Nelson Goodson
El Conquistador Newspaper
3206 W. National Ave.
Milwaukee, WI 53215
U.S.A.
414-383-1000
conquistador@bizwi.rr.com
July 13, 2007
Milwaukee- An e-mail calling for national action and
the financial management of our economic purchasing
power by Latinos and immigrants to influence
immigration reform is circulating and spreading like
wild fire on the Internet. Even, conservative and
anti-immigrant groups have posted the e-mail on their
web sites. The LibertyPost.org posted on their web
page, “We won round 1. NEW Immigration fights are
gearing up. WATCH where you spend your money $$$ !!
DON'T relax. The fight is not over YET. Supporters of
Amnesty are already gearing up for the next round. We
cannot rest on our laurels until we pass legislation
that prevents any future Amnesty bill from ever
passing.”
http://www.libertypost.org/cgi
The e-mail has also crossed the United States border
into other countries. The circulating e-mail reads,
last month’s decision by the U.S. Senate to block an
immigration bill has left Immigration reformist around
the country debating about what alternatives are left
and how to bring an immigration bill back to the
floor. The Senate’s decision to block any action in
approving a bill has for now sealed its fate. Will the
House now have enough support to revive the issue?
Probably not, and advocates for a just immigration
bill will now have to wait until after the 2008
Presidential elections.
Will the current Presidential candidates take up the
debate and promise to support and sign a comprehensive
immigration bill into law as President George W. Bush
has agreed to do so? We might have to wait for an
answer from the candidates.
Undocumented immigrants contribute more than 890
billion of dollars into our U.S. economy per year.
Millions of americans who support immigration reform,
including immigration advocacy groups, educators,
community based organizations, unions and members of
the entertainment industry as well as major Latino
owned businesses, food processors, financial
institutions, mortgage firms, corporations,
manufacturers, and the list continues, have and will
continue to contribute just as much into our economy.
Last year and including May 1, 2007, the immigrant
population, their families, friends and supporters for
immigration reform have marched in huge numbers
totaling millions throughout cities around the
country. Their ability to organize and vote resulted
in the unexpected control of both houses by Democrats.
Even President Bush surrounded by his cabinet with
frowning looks conceded defeat live on national news
networks.
Immigrants, advocacy groups and supporters have united
for a common cause throughout the nation. Their
efforts have yet to be taken seriously by those
opposing the legalization of the 12 million
undocumented immigrants already in the country.
What alternatives do immigrants have for now to get
the immigration issue resolve in the near future?
Immigration advocates could argue by looking at the
current situation that undocumented immigrants are
left with few options. But today, there is one
rewarding option which has not been fully utilized by
immigrants.
Immigrants need an effective strategy for financial
management of their economic purchasing power which
totals in the billions of dollars to influence
immigration reform. People from across the country
have suggested for financial management of our
expenditures and are waiting for the inevitable. The
national call for action is the inevitable.
Our success to bring about a just immigration reform
depends on every individual and persons willing to
adjust their spending practices. Today, we spend our
money just about anywhere and on anything without
realizing who actually ends up with our money. The
Senate’s decision to block immigration reform sends
the wrong message that undocumented immigrants from
Russia, Asia, the Middle East, Africa, Europe, Mexico
and all over the world are not welcome in America,
especially when they help contribute to their state
and cities' economy and cultural wealth.
On September 17, we should begin to invest, shop and
spend our money in businesses and entities that
support immigration reform. We have a grace period
from now until September to begin adjusting our
expenditures by shopping in places that are willing to
post a sign in the window saying “We Support
Immigration Reform Now” and display a copy of a
certified letter sent to their Congress and U.S.
Senate Representative requesting support. If they
don’t know about it, feel free to advise them to post
one up as soon as they can.
Once we are able to manage our purchasing power as a
united effort throughout the nation, then we can
accomplish our quest to influence the passage of a
just immigration reform. Why has September 17 been
chosen as the target date to actually begin our full
strategic action throughout the nation. It’s the day
after the well celebrated 16 de septiembre la
Independencia de Mexico. On September 16, numerous
communities with largely Hispanic populations
throughout our nation recognize and celebrate the
Independence of Mexico, which has been commercialized
by this country. It’s a celebration where non
Hispanics also take time to go out and consume Mexican
products, eat tacos and enjoy Mariachi music.
Opponents of immigration reform claim that a large
portion of Hispanics in the country are undocumented.
In conjunction with September, Hispanic Heritage month
begins and will no doubt provide awareness of how
truly Hispanics and immigrants have contributed to our
nation. As a nation, we recognize the achievements and
contributions Latinos and non Latinos have done while
working along side each other for the welfare,
freedom, liberty, economic success, and especially for
those brave women and men who have given their lives
as the ultimate sacrifice to protect our country and
uphold the U.S. Constitution.
Saturday, June 30, 2007
DEFENZOR: A NEWSPAPER FROM THE HEART & SOUL OF AZTLAN
DEFENZOR: A NEWSPAPER FROM THE HEART & SOUL OF AZTLAN 608 Indiana Street, Robstown, Texas 78380 (361) 387-6216 email: staff@defenzor.net ... Note: The posting here do not reflect the position of El Defenzor newspaper nor its staff. This board was created to encourage a mutual dialogue on improving matters in our community.
[ Defenzor's Message Board | Edit Post | Defenzor ]
Re(3): Abhor what is evil; hold fast to what is good.
Posted on June 23, 2007 at 04:11:40 AM by 4 ringo......you know watt.......
Jules: Wanna know what I'm buyin' Ringo?
Pumpkin: What?
Jules: Your life. I'm givin' you that money so I don't hafta kill your ass. You read the Bible?
Pumpkin: Not regularly.
Jules: There's a passage I got memorized. Ezekiel 25:17. The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men. Blessed is he who, in the name of charity and good will, shepherds the weak through the valley of the darkness. For he is truly his brother's keeper and the finder of lost children. And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers. And you will know I am the Lord when I lay my vengeance upon you. I been sayin' that shit for years. And if you ever heard it, it meant your ass. I never really questioned what it meant. I thought it was just a cold-blooded thing to say to a motherfucker before you popped a cap in his ass. But I saw some shit this mornin' made me think twice. Now I'm thinkin': it could mean you're the evil man. And I'm the righteous man. And Mr. 9mm here, he's the shepherd protecting my righteous ass in the valley of darkness. Or it could be you're the righteous man and I'm the shepherd and it's the world that's evil and selfish. I'd like that. But that shit ain't the truth. The truth is you're the weak. And I'm the tyranny of evil men. But I'm tryin', Ringo. I'm tryin' real hard to be a shepherd.
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[ Defenzor's Message Board | Edit Post | Defenzor ]
Re(3): Abhor what is evil; hold fast to what is good.
Posted on June 23, 2007 at 04:11:40 AM by 4 ringo......you know watt.......
Jules: Wanna know what I'm buyin' Ringo?
Pumpkin: What?
Jules: Your life. I'm givin' you that money so I don't hafta kill your ass. You read the Bible?
Pumpkin: Not regularly.
Jules: There's a passage I got memorized. Ezekiel 25:17. The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men. Blessed is he who, in the name of charity and good will, shepherds the weak through the valley of the darkness. For he is truly his brother's keeper and the finder of lost children. And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers. And you will know I am the Lord when I lay my vengeance upon you. I been sayin' that shit for years. And if you ever heard it, it meant your ass. I never really questioned what it meant. I thought it was just a cold-blooded thing to say to a motherfucker before you popped a cap in his ass. But I saw some shit this mornin' made me think twice. Now I'm thinkin': it could mean you're the evil man. And I'm the righteous man. And Mr. 9mm here, he's the shepherd protecting my righteous ass in the valley of darkness. Or it could be you're the righteous man and I'm the shepherd and it's the world that's evil and selfish. I'd like that. But that shit ain't the truth. The truth is you're the weak. And I'm the tyranny of evil men. But I'm tryin', Ringo. I'm tryin' real hard to be a shepherd.
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Sunday, June 24, 2007
republic of texas: According to the Sentence Ramsey is to be Confined in Texas
republic of texas: According to the Sentence Ramsey is to be Confined in Texas
Former Raza Unida gubernatorial candidate Ramsey Muñiz has been transferred from a federal corrections institute in Three Rivers six months after arriving at the facility.
Former Raza Unida gubernatorial candidate Ramsey Muñiz has been transferred from a federal corrections institute in Three Rivers six months after arriving at the facility. Muñiz, who ran for governor of Texas in 1974 and 1975 under the Raza Unida Party, was transferred from Three Rivers on Tuesday.
Mike Truman, spokesman for the Federal Bureau of Prisons, said Muñiz is being housed in the Federal Transfer Facility in Oklahoma City until he can be transferred to another facility.
Truman said he could not release where Muñiz would be transferred or when, citing security concerns. He also said he did not know why Muñiz was transferred.
Muñiz, 64, is serving a life sentence for three felony drug convictions.
The Three Rivers Federal Correctional Institute, 77 miles northwest of Corpus Christi, has been the closest the former Miller High School football star and local defense attorney has been to home since his 1994 conviction.
Under the banner of Raza Unida, a political party shaped and led by Hispanic activists seeking a political voice, Muñiz earned support from 6 percent the state's registered voters.
Muñiz's wife, Irma Muñiz, said she was surprised to learn of the transfer especially because senators, congressmen and civic groups have written letters to the Federal Bureau of Prisons on her husband's behalf.
Irma Muñiz said her husband had hoped to be housed at the Three Rivers facility because of its proximity to his family in South Texas.
Since he was transferred there in December from an institute in Colorado, Irma Muñiz has made frequent trips to visit her husband.
She likened Muñiz's transfer out of Three Rivers to the treatment of Hispanic Civil Rights figure Felix Longoria.
Longoria, a U.S. Army private killed on-duty in the Philippines in 1945, was refused a proper funeral in his hometown of Three Rivers because the only funeral home in town didn't allow Hispanics to use its funeral chapel.
Civil Rights hero Dr. Hector P. Garcia interceded and U.S. Sen. Lyndon Johnson arranged for Longoria to be buried in Arlington National Cemetery.
Joe Ortiz, League of United Latin American Citizens district director and national and state civil rights director of the American GI Forum, helped organize letter-writing campaigns when Muñiz was in Colorado asking for his transfer to Texas.
Ortiz didn't know about the transfer out of Three Rivers but said both LULAC and the American GI Forum will work toward getting Muñiz returned to Texas.
"We are going to petition our legislators to see if they can do anything to bring him back," Ortiz said.
Contact Adriana Garza at 886-3618 or garzaa@caller.com
Posted by geomatica on June 21, 2007 at 9:47 p.m. (Suggest removal)
I am certain that Ramsey Muniz was falsely imprisoned, but no matter what you believe, he was and is a model prisoner, and it is a complete waste of taxpayer money to be moving him all over, when it makes the most sense for him to be here near his family. He didn't kill anybody, and his treatment has been nothing but inhumane. Something has to be done about the inequities in our prison system. His punishment certainly does not fit his supposed crime. When is his mistreatment and that of his family going to end?
Posted by colorderosa on June 22, 2007 at 9:13 a.m. (Suggest removal)
Only in America does a convicted murderer, chlld rapist, or other harden criminal walk free, while a supposed drug dealer gets life in prison.
colorderosa
Posted by sosiouxme13 on June 22, 2007 at 8:47 p.m. (Suggest removal)
In my opinion, someone convicted of dealing drugs, can be likened to a murderer...
Posted by dannoynted1 on June 23, 2007 at 5:25 a.m. (Suggest removal)
This is retaliation for the "scared status quo". They are afraid if he is in Texas he just might get out.
Only in Texas can this happen.
Eureka~ perhaps Jurisdiction resides in Oklahoma?
or is it Louisiana, where i hear Hayden Head is sending our Federally convicted non white americans as of late?.
Is that legal?
Why would you send a texan to another state unless you want to keep them from their family.
Posted by gmikedear1954 on June 23, 2007 at 3:44 p.m. (Suggest removal)
As a career Federal Agent living in Detroit, Michigan, I find it silly to deny this man the opportunity of being close to his family. As one person stated earlier that far worse criminals are given the option to be close to their family. Also, The whole war on drugs is nothing more than a farce to make contractors rich.
Posted by chuco11 on June 23, 2007 at 8:54 p.m. (Suggest removal)
Ram, you were the impetus for the movement that slowly is gaining speed. Maybe not in our lifetimes but down the road there will be Spanish spoken along with English in the schools, businesses and professional sports, to name a few, all across America not just Texas. "The Man" sees this and doesn't like it! But he can't stop the ineviteable. What was that old adage...."GOD grant me the serenity....... Irma, you are a model of a loving wife. All men should be this fortunate!
Friday, June 1, 2007
In light of the peculiar circumstances of this case, we believe the proper remedy is to abate the appeal and remand the cause to recommence the time..
Send this document to a colleague Close This Window
sotseal6.gif
NUMBER 13-02-033-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
LEEANN HALEY, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 105th District Court
of Kleberg County, Texas.
OPINION
Before Justices Hinojosa, Yañez, and Baird Footnote
Opinion Per Curiam
Appellant was charged by indictment with the state jail felony offense of tampering with a governmental record. A jury convicted appellant of a lesser included offense and assessed punishment at 180 days confinement in the Kleberg County jail, probated for a period of two years. See Tex. Pen. Code Ann. § 37.10(c)(1) (Vernon Supp. 2004). We abate this appeal and remand this matter to the trial court for futher proceedings consistent with this opinion.
I. Procedural History.
Appellant raises two points of error, both of which deal with the status of her legal representation in the thirty days following sentencing. Specifically, the first point of error contends she was abandoned by trial counsel. The second point contends the trial judge erred in not appointing counsel to represent appellant during the thirty-day time period for filing a motion for new trial. A brief procedural history is necessary to put the points in context.
On December 4, 2001, the jury returned its punishment verdict and the trial judge placed appellant on community supervision. On December 21, appellant filed a pro se notice of appeal. Appellant wrote a letter to the judge seeking appointment of counsel on appeal and a free reporter’s record. On January 10, 2002, the trial judge entered an order finding appellant indigent, and appointed counsel to prosecute appellant’s appeal.
What is clear to us from the reading of the affidavits involved in this appeal is the following:
1.trial counsel discussed with appellant her right to appeal; Footnote
2.trial counsel told appellant that he “represented her only for her trial, [and not] on her appeal;”
3.appellant wanted to appeal;
4.trial counsel prepared a pro se notice of appeal for appellant and instructed her to file the notice and request appointed counsel;
5.trial counsel did not pursue a motion for new trial;
6.appellant filed the notice of appeal and requested appointed counsel, “[believing] she was doing everything necessary to protect [her] rights of appeal;”
7. appellant did not file a pro se motion for new trial; and
8. appointed counsel would have filed a motion for new trial alleging jury misconduct and ineffective assistance of counsel.
This case presents a comedy of errors. First, trial counsel believed he did not represent appellant during the critical time period for the filing of a motion for new trial. This belief was erroneous because counsel had the duty to continue his representation of the defendant until other counsel was secured to prosecute the appeal. Ex parte Axel, 757 S.W.2d 369, 373 (Tex. Crim. App. 1988). Footnote This mistaken belief caused appellant to be abandoned during this critical stage of the proceedings.
Second, even though appellant filed her notice of appeal and request for the appointment of counsel within the thirty-day time period, counsel was not appointed until after the motion for new trial time limit had expired. Therefore, appointed appellate counsel was unable to file the motion for new trial both she and appellant desired. Finally, appellant’s counsel on appeal has filed a motion to withdraw on grounds that she is now employed by the District Attorney’s office. Appellant’s appellate counsel has recently furnished this Court with the trial court’s order granting her motion to withdraw.
In light of the peculiar circumstances of this case, we believe the proper remedy is to abate the appeal and remand the cause to recommence the time period for filing a new trial motion. See Radcliff v. State, No. 01-02-00419-CR, 2003 Tex. App. LEXIS 5365, *4 (Tex. App.–Houston [1st Dist.] June 26, 2003, no pet.) (designated for publication); Garcia v. State, 97 S.W.3d 343, 349 (Tex. App.–Austin 2003, no pet.); Prudhomme v. State, 28 S.W.3d 114, 121 (Tex. App.–Texarkana 2000, no pet.); Massingill v. State, 8 S.W.3d 733, 738 (Tex. App.–Austin 1999, pet. ref'd). We do so without disturbing the trial court’s judgment and without relying on rule 2 of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 2 (governing the suspension of the appellate rules).
On remand, the appellate timetables are to begin anew, starting from the date this order issues. Prudhomme, 28 S.W.3d at 121; see Tex. R. App. P. 43.6. Further, upon remand the trial court shall appoint new counsel. New counsel shall then consult with appellant and determine whether she desires to file a motion for new trial.
If no motion for new trial is filed, we will presume that option was considered by appellant and rejected. Smith v. State, 17 S.W.3d 660, 662 (Tex. Crim. App. 2000); Oldham v. State, 977 S.W.2d 354, 363 (Tex. Crim. App. 1998). If appellant elects to file a motion for new trial, and the trial judge grants that motion, the appellate record shall be supplemented with that order, and appellant's appeal will be dismissed. If the trial judge overrules the new trial motion, the record shall be supplemented with that order and the record of any hearing held on such motion, and the parties will be permitted to brief any issues related to the overruled motion. Footnote Prudhomme, 28 S.W.3d at 121; Massingill, 8 S.W.3d at 738-39.
Accordingly, this appeal is abated and remanded for further proceedings as directed herein.
IT IS SO ORDERED.
PER CURIAM
Do Not Publish.
Tex. R. App. P. 47.2(b).
Order delivered and filed this
the 26th day of February, 2004.
sotseal6.gif
NUMBER 13-02-033-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
LEEANN HALEY, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 105th District Court
of Kleberg County, Texas.
OPINION
Before Justices Hinojosa, Yañez, and Baird Footnote
Opinion Per Curiam
Appellant was charged by indictment with the state jail felony offense of tampering with a governmental record. A jury convicted appellant of a lesser included offense and assessed punishment at 180 days confinement in the Kleberg County jail, probated for a period of two years. See Tex. Pen. Code Ann. § 37.10(c)(1) (Vernon Supp. 2004). We abate this appeal and remand this matter to the trial court for futher proceedings consistent with this opinion.
I. Procedural History.
Appellant raises two points of error, both of which deal with the status of her legal representation in the thirty days following sentencing. Specifically, the first point of error contends she was abandoned by trial counsel. The second point contends the trial judge erred in not appointing counsel to represent appellant during the thirty-day time period for filing a motion for new trial. A brief procedural history is necessary to put the points in context.
On December 4, 2001, the jury returned its punishment verdict and the trial judge placed appellant on community supervision. On December 21, appellant filed a pro se notice of appeal. Appellant wrote a letter to the judge seeking appointment of counsel on appeal and a free reporter’s record. On January 10, 2002, the trial judge entered an order finding appellant indigent, and appointed counsel to prosecute appellant’s appeal.
What is clear to us from the reading of the affidavits involved in this appeal is the following:
1.trial counsel discussed with appellant her right to appeal; Footnote
2.trial counsel told appellant that he “represented her only for her trial, [and not] on her appeal;”
3.appellant wanted to appeal;
4.trial counsel prepared a pro se notice of appeal for appellant and instructed her to file the notice and request appointed counsel;
5.trial counsel did not pursue a motion for new trial;
6.appellant filed the notice of appeal and requested appointed counsel, “[believing] she was doing everything necessary to protect [her] rights of appeal;”
7. appellant did not file a pro se motion for new trial; and
8. appointed counsel would have filed a motion for new trial alleging jury misconduct and ineffective assistance of counsel.
This case presents a comedy of errors. First, trial counsel believed he did not represent appellant during the critical time period for the filing of a motion for new trial. This belief was erroneous because counsel had the duty to continue his representation of the defendant until other counsel was secured to prosecute the appeal. Ex parte Axel, 757 S.W.2d 369, 373 (Tex. Crim. App. 1988). Footnote This mistaken belief caused appellant to be abandoned during this critical stage of the proceedings.
Second, even though appellant filed her notice of appeal and request for the appointment of counsel within the thirty-day time period, counsel was not appointed until after the motion for new trial time limit had expired. Therefore, appointed appellate counsel was unable to file the motion for new trial both she and appellant desired. Finally, appellant’s counsel on appeal has filed a motion to withdraw on grounds that she is now employed by the District Attorney’s office. Appellant’s appellate counsel has recently furnished this Court with the trial court’s order granting her motion to withdraw.
In light of the peculiar circumstances of this case, we believe the proper remedy is to abate the appeal and remand the cause to recommence the time period for filing a new trial motion. See Radcliff v. State, No. 01-02-00419-CR, 2003 Tex. App. LEXIS 5365, *4 (Tex. App.–Houston [1st Dist.] June 26, 2003, no pet.) (designated for publication); Garcia v. State, 97 S.W.3d 343, 349 (Tex. App.–Austin 2003, no pet.); Prudhomme v. State, 28 S.W.3d 114, 121 (Tex. App.–Texarkana 2000, no pet.); Massingill v. State, 8 S.W.3d 733, 738 (Tex. App.–Austin 1999, pet. ref'd). We do so without disturbing the trial court’s judgment and without relying on rule 2 of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 2 (governing the suspension of the appellate rules).
On remand, the appellate timetables are to begin anew, starting from the date this order issues. Prudhomme, 28 S.W.3d at 121; see Tex. R. App. P. 43.6. Further, upon remand the trial court shall appoint new counsel. New counsel shall then consult with appellant and determine whether she desires to file a motion for new trial.
If no motion for new trial is filed, we will presume that option was considered by appellant and rejected. Smith v. State, 17 S.W.3d 660, 662 (Tex. Crim. App. 2000); Oldham v. State, 977 S.W.2d 354, 363 (Tex. Crim. App. 1998). If appellant elects to file a motion for new trial, and the trial judge grants that motion, the appellate record shall be supplemented with that order, and appellant's appeal will be dismissed. If the trial judge overrules the new trial motion, the record shall be supplemented with that order and the record of any hearing held on such motion, and the parties will be permitted to brief any issues related to the overruled motion. Footnote Prudhomme, 28 S.W.3d at 121; Massingill, 8 S.W.3d at 738-39.
Accordingly, this appeal is abated and remanded for further proceedings as directed herein.
IT IS SO ORDERED.
PER CURIAM
Do Not Publish.
Tex. R. App. P. 47.2(b).
Order delivered and filed this
the 26th day of February, 2004.
Wednesday, May 30, 2007
Why you gotta give me the runarounrd ?Sure fire way to speed things.......
Scotland Yard
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New Scotland Yard, London
New Scotland Yard, London
Alternative meanings: Scotland Yard (band), Scotland Yard (board game)
New Scotland Yard, Scotland Yard or The Yard, is the headquarters of the Metropolitan Police Service, responsible for policing Greater London (although not the City of London itself, see City of London Police). New Scotland Yard occupies a 20-story office block along Broadway and Victoria Street in Westminster, about 450 metres away from the Houses of Parliament. The famous rotating sign, which is often seen on live television statements and in films, is outside the main entrance on Broadway.
Founded on 29 September 1829, on a street off Whitehall, Scotland Yard was,ent, beside the present-day Ministry of Defence. In 1967, New Scotland Yard moved to the present 20-story building at 10 Broadway.
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