Category Archives: legal news

Texas capital punishment law needs reform

law of parties

Jeffrey Wood has become a poster boy … of a sort.

No, he won’t be showing up on a beefcake calendar. His name, though, could become part of an effort to provide significant improvements to Texas’s laws governing capital punishment.

This week, the Texas Court of Criminal Appeals halted Wood’s scheduled execution for a crime he didn’t commit. It sent the case back to a lower court to determine whether he was tried properly.

Beyond that, Wood’s case has brought to light a dubious provision in a state law that allows juries to convict someone of a capital crime — even if they don’t commit the actual act.

In 1996, Wood was sitting in a truck in Kerrville while his friend, Philip Reneau, was inside a convenience store committing a robbery. Reneau demanded the store clerk turn over the safe; when the clerk refused, Reneau shot him to death.

Meanwhile, Wood’s presence in the truck made him — under state law — culpable for the capital crime. They call it the “law of parties,” and it creates a form of criminal equality among those who commit these dastardly crimes.

The state executed Reneau in 2002. Wood’s turn was coming up. State Rep. Jeff Leach, R-Plano — a staunch supporter of capital punishment — has asked Gov. Greg Abbott and the Texas Pardons and Parole Board to commute Wood’s sentence. He doesn’t think the death penalty in this case is right and just.

There ought to be a more permanent and comprehensive solution to this matter. The Texas Legislature ought to rewrite the law to separate the person who commits the crime from an individual who accompanies the individual.

The state argued at trial that Wood knew Reneau would kill the individual if he didn’t obtain the money. That knowledge made him equally responsible for the capital crime, prosecutors said.

http://www.dallasnews.com/opinion/latest-columns/20160819-let-s-exact-justice-and-commute-jeff-wood-s-death-penalty-sentence.ece

In my quest for a perfect world, I would prefer that Texas not even have a death penalty statute. I know, though, that a majority of Texans support capital punishment. Indeed, the state has become the all-time champeen among all the states in executing those convicted of capital crimes.

If we’re going to continue killing criminals, though, the very least we can do is focus more sharply on those who actually commit the crimes.

Jeffrey Wood did not kill that store clerk. Philip Reneau did. Reneau paid the price as authorized under Texas law. Wood does not deserve to pay the same price.

Gov. Abbott should commute Wood’s sentence and spare his life.

Meanwhile, the governor — who’s also a former trial judge — ought to invite the Legislature to improve what looks to me to be a serious flaw in the state’s criminal penal code.

Get rid of the law of parties.

Court shows rare compassion, halts execution

Jeff-Wood-Death-Row_jpg_800x1000_q100

Jeff Wood isn’t going to die in the Texas execution chamber — at least not yet — thanks to a ruling from the state’s highest criminal appellate court.

The Texas Court of Criminal Appeals — which I guess you can call the Killin’ Court — has sent the case of Jeff Wood back to a lower court.

Wood was scheduled to die because he was in a pickup truck while his friend actually killed someone while committing a robbery. But under Texas law and a provision called the “law of parties,” Wood was deemed as guilty as the shooter for the capital crime.

https://www.texastribune.org/2016/08/19/execution-halted-jeff-wood-who-never-killed-anyone/

It amazes me that the CCA would halt the execution. This is the same body of jurists that at times has shown a remarkable lack of compassion for capital criminals. Sure, the criminals are bad guys and there are those who contend they don’t deserve anything from the state.

A trial jury sentenced Wood to death for the murder that was actually committed by Daniel Reneau, who was executed in 2002, just six years after committing the crime.

Wood’s role in the crime and the sentence he received has drawn national attention. Wood also drew support from an unlikely source, a conservative Republican lawmaker — state Rep. Jeff Leach of Plano — who intervened on Wood’s behalf while asking his sentence is commuted to life in prison.

The law of parties is an unreasonable provision in Texas law that needs to be removed.

That’s a fight for another day in another venue — which would be the Texas Legislature.

As for Wood, he’s been given a chance to defend himself once again. It fascinates me in the extreme that it would be the Texas Court of Criminal Appeals that has exhibited a healthy dose of fairness.

https://highplainsblogger.com/2016/08/law-of-parties-may-kill-the-wrong-man/

 

Feds nix private prisons … good!

prisons

I have long disliked the idea of privatizing the prison system.

Whether it’s state prisons or throughout the federal system, the notion of turning the incarceration of convicted criminals over to for-profit business simply strikes me as wrong.

The U.S. Justice Department has decided to end its relationship with private prison companies … to which I offer a hearty cheer.

http://www.msn.com/en-us/news/us/justice-department-says-it-will-end-use-of-private-prisons/ar-BBvMrqX?ocid-ansmsnnews11

“They simply do not provide the same level of correctional services, programs, and resources; they do not save substantially on costs; and as noted in a recent report by the Department’s Office of Inspector General, they do not maintain the same level of safety and security,” Deputy Attorney General Sally Yates wrote.

I am not going to challenge any of that here.

I simply want to say — as I’ve noted before over many years in journalism — that my opposition to private prisons rests mainly as a matter of principle.

We ask our police departments to protect us from criminals; we pay officers’ salaries with our tax money. We ask the state and county district attorneys to prosecute suspects; we pay them for that, too. We then demand justice in our courts; and we pay judges’ salaries as well.

Then, when criminal defendants are convicted, we are able to farm out their incarceration to private businesses? The way I see it — and I’m open to discussion on this — the state has an obligation to finish the job that public entities began back when the suspect is arrested and charged with committing a crime.

That job ought to include keeping these individuals locked up. It also ought to include full public scrutiny of the job they are doing — on our behalf.

Texas hands over a fair amount of its incarceration responsibilities to private firms. I don’t expect the state to follow the feds’ lead in getting rid of private prisons.

However, I always can hope.

‘Law of parties’ may kill the wrong man

LeachWood_jpg_800x1000_q100

It’s called the “law of parties.”

The law means that in Texas someone who’s involved in any way with a capital crime — a murder — can be put to death if convicted even if he or she didn’t actually commit the crime.

I probably had heard of it, but I’d forgotten about it.

Jeff Wood is scheduled to die for a crime he technically never committed. He shouldn’t have to pay the ultimate price for his role in a 1996 murder. The actual gunman has been executed already.

Wood, though, has an most unlikely ally in the Texas Legislature. State Rep. Jeff Leach, a Plano Republican, has come to Wood’s defense, arguing that Gov. Greg Abbott should commute Wood’s death sentence to life in prison.

What’s interesting to me is that Leach is considered one of the Legislature’s more conservative members. He said he still believes in capital punishment, just not in this case.

https://www.texastribune.org/2016/08/17/state-rep-leach-speaks-out-against-jeff-wood-execu/

I’m with Leach on this one.

Wood was driving a pickup in Kerrville when his friend, Daniel Reneau, went inside a gas station to steal a safe. The clerk inside would comply with Renau’s demands, so Reneau shot him to death.

He was convicted of capital murder and was put to death in 2002.

Now it’s Wood’s turn.

Prosecutors at the time of trial argued that Wood knew that Reneau would kill someone while committing the robbery, which made him culpable — under state law — to murder in accordance with the “law of parties” provision.

According to the Texas Tribune. Leach “believes in the death penalty under the law of parties in cases where the accomplice was clearly involved in the murder. But when he came across Wood’s case during his work for the House Criminal Jurisprudence Committee, it didn’t seem right.”

Wood surely should never have been in the vehicle while his friend was committing the terrible crime. He made a patently egregious decision. Should he pay for it, though, with his life?

I say “no.” He didn’t commit the actual crime of capital murder.

Rep. Leach is asking the Texas Board of Pardons and Paroles to recommend a commutation. Gov. Abbott has the option of accepting or denying the recommendation.

I hope the governor can reach the same determination that one of his Republican colleagues has reached.

Stop the gay love-incest connection

incest

Here it comes, folks.

Those who oppose same-sex marriage are beginning to lick their chops over the story of a New Mexico mother and son who’ve entered into a love affair.

Monica Mares is 36; her son Caleb Peterson is 19. She gave her son up for adoption when he was a baby. Now they’ve reconnected, only the love they express for each other is, um, a different kind of love.

It’s not a mother-son love. It’s of the extremely intimate variety.

The law calls it incest. It’s also illegal under New Mexico statutes.

http://q13fox.com/2016/08/09/mother-and-son-in-love-face-jail-time-for-incestuous-relationship/

There’s actually a new name for it now: genetic sexual attraction. Mom and son, though, both face potential prison time if they’re convicted of incest, given that her son is now an adult and is supposedly capable of making his own decisions.

Well, folks, Caleb Peterson has made a really bad one here. So has his mother.

Is there any symmetry between what’s happening in Clovis, N.M., with this “odd couple” and what happens all over the world when people of the same gender are attracted to each other?

Not one bit.

The only possible link would be if a father had a sexual relationship with his son, or a mother with her daughter.

Just as love is love — as the mantra goes in the LGBT community — then incest is incest.

The first relationship is legal under the law. The other one is not.

This election back story involves a judge

FILE - In this May 1, 2008, file photo, Judge Merrick B. Garland is seen at the federal courthouse in Washington. President Obama is expected to nominate Federal Appeals Court Judge Merrick Garland to the Supreme Court. (AP Photo/Charles Dharapak, File)

So-o-o-o many back stories to examine, so little time — it seems — to do them all justice.

Speaking of justice, here’s a back story that might get some traction if current presidential election trends continue toward Election Day.

Merrick Garland. Do you remember him? President Obama nominated him to a seat on the U.S. Supreme Court after Justice Antonin Scalia died while on a hunting trip in Texas.

Garland’s nomination was put on the back burner by the Senate majority leader, Mitch McConnell, who declared within hours of Scalia’s death that the Senate would not consider anyone the president nominated. He would insist that the next president get that task. He said he doesn’t think it’s appropriate for a president in the final year of his second term to make an appointment to the nation’s highest court.

McConnell’s logic defies, well, logic.

Here’s how this story gets interesting.

As I am writing this blog post, Democratic presidential nominee Hillary Rodham Clinton is putting some distance between herself and Republican nominee Donald J. Trump, whose campaign is showing signs of imploding before our eyes.

So, McConnell has a calculation to make.

“Do I hope my party’s nominee pulls his head out soon enough to actually be elected president this November? Or do I concede that Clinton’s going to become the next president — and then do I allow Garland’s nomination to go forward in a lame-duck session of Congress?”

It’s looking, to me at least, as though Clinton’s going to win the election. That seems to set the table for a confirmation hearing and a vote for Garland, who by all accounts is a mainstream jurist who likely will be as suitable a pick as the Republicans are going to get — presuming a Clinton election.

What’s more, it also is entirely possible that Democrats will regain control of the Senate, which puts additional pressure on Republicans to act now while they still run the Senate.

McConnell never should have dug in his heels in the first place. He is playing politics with this constitutional task given to the president, which is to nominate candidates to the federal bench. For him and other Republicans to suggest in retaliation that Obama is playing politics is laughable on its face.

Garland has deserved a hearing and a vote ever since the president put his name forward. Hillary Clinton hasn’t said whether she would renominate Garland after she takes the presidential oath in January, which leads me to believe she’ll find someone else.

Obama sought to appease his GOP critics in the Senate by nominating Garland in the first place. He knew the Republican majority would resist anyone he nominated. He sought to find someone who already had been approved to the federal bench and who had impeccable judicial credentials.

If the trend continues and Trump continues to fall farther and farther into the political ditch, my strong hunch is that Majority Leader McConnell will cry “Uncle!” and give Merrick Garland the hearing — and the up-or-down vote in the Senate — he has deserved all along.

Texas AG seeks to do the seemingly impossible

7C2A2588_jpg_800x1000_q100

Texas Attorney General Ken Paxton deserves credit for perseverance.

He’s been indicted by a grand jury on charges of securities fraud. Paxton says he’s innocent and has entered a plea to that effect. He’s now taking his case to the Texas Court of Criminal Appeals, the state’s highest criminal appellate court.

He wants the CCA to do for him what it did for former Gov. Rick Perry, when it tossed out an accusation that Perry had coerced a public official by demanding her resignation after she had pleaded guilty to a drunken driving charge. Perry had been indicted by a Travis County grand jury and complained that the Democratic-leaning county had stacked the grand jury with Democrats pre-disposed to indict a Republican governor.

Perry made the case to the all-Republican Court of Criminal Appeals.

Paxton’s indictment is quite a bit different.

A Collin County grand jury indicted him on charges that he failed to improperly report personal profit from investment he had given; the Securities and Exchange Commission also has filed a complaint against the AG.

Now, why is this so interesting?

Paxton represented Collin County before he was elected attorney general in 2014. The county is among the more Republican-leaning counties in Texas. I don’t know this, but I’d be willing to bet real American money that many of the grand jurors voted for him as attorney general and also for him when he ran for the Legislature, where he represented Collin County.

The grand jury indicted its home boy, not some political outsider.

https://www.texastribune.org/2016/08/03/brief-august-3-2016/

Which makes me wonder whether the attorney general is going to get a favorable ruling from the Court of Criminal Appeals.

Campus-carry takes effect … very soon!

CampusCarry-PencilBullets_jpg_800x1000_q100

Monday will be a big day in Texas.

Fifty years ago, a gunman climbed to the top of the Texas Tower at the University of Texas campus in Austin and opened fire with his high-powered rifle.

Sixteen people died that day before the cops got to the gunman and shot him dead .

Aug. 1, 1966 is one of the state’s most infamous days.

Texas is going to mark that date by allowing people to carry guns on college campuses.

Ironic, yes? Tragically so? Yes again.

It’s interesting to me — and to a lot of others — that educators oppose this notion. Only one private university is allowing guns on its campus; the rest of them have said “no thanks.” Public universities are required under the law to allow students to carry guns into classrooms.

UT Chancellor William McRaven — the former Navy SEAL and special forces commander — is one of those who opposes campus-carry. But, what the hey? What does he know?

I’ll stipulate that I have come to accept concealed-handgun-carry as a way of life in Texas. I don’t necessarily endorse it.

Allowing guns on campuses, though, does present a unique set of concerns. What if a professor hands out a failing grade to a student who, um, might have a short fuse that could be lit with a dose of bad news? Does that student then pose an extra threat to the prof if he’s packing heat under his jacket?

Well, Texas is about to enter another era on its college and university campuses.

I’m going to hope for the best.

If only the state could have picked another date to allow guns on our campuses.

Tim Kaine: serious about the oath he takes

24KAINE1-master768

Tim Kaine’s selection as Hillary Clinton’s vice-presidential running mate is bringing forth the expected public vetting of the U.S. senator’s public policy record.

One item that’s been drawing some attention has involved capital punishment.

A New York Times story Sunday notes that although Kaine is vehemently opposed to executing people for capital crimes he was able to carry out executions while serving as governor of Virginia.

My reaction: Well, duuuhhh?

http://www.nytimes.com/2016/07/24/us/politics/tim-kaine-death-penalty.html?rref=collection%2Fnewseventcollection%2Felection-2016&action=click&contentCollection=politics&region=stream&module=stream_unit&version=latest&contentPlacement=14&pgtype=collection&_r=0

Kaine has moved on to the Senate, where he gets to vote on laws that affect all Americans. But while serving as governor, he took a solemn oath to do one thing essentially: to follow the law as prescribed and written by the legislative assembly of his state.

Governors really have little leeway as it regards capital punishment. Sure, they can commute sentences, which Kaine did while serving as Virginia governor, and which he was empowered to do under the state constitution.

However, if the state executed someone who had been sentenced to death by a jury, then it follows that the governor — barring some extraordinary circumstance — is obligated to do what the law tells him to do.

Virginia is No.2 in the nation in executing capital criminals. No. 1? Oh, yeah … that would be Texas!

The two hats Kaine wears — as one who opposes certain public policy but who must adhere to the law –aren’t the least bit confusing, to me at least.

He struggles as well with abortion. Kaine is a devoted Catholic who believes in the doctrine of his church, which opposes abortion for any reason. However, abortion is legal in this country and, therefore, Kaine must follow the law.

Indeed, he also remains pro-choice on that issue, regardless of his personal opposition to the practice based on his own moral compass and the teachings of his church — believing, apparently, that the government should allow women to make that gut-wrenching decision for themselves.

Sen. Kaine is a serious man who now has been given a serious task, which is to run alongside the Democrats’ presidential candidate. His executive government experience owing to his days as a governor demonstrates he also is a serious public servant.

 

Justice Ginsburg seeks to make it right

BBuiRBp

Justice Ruth Bader Ginsburg now says she regrets those negative things she said about Republican presidential candidate Donald J. Trump.

Does she no longer believe what she said? Hardly. She just regrets saying those things out loud.

https://www.msn.com/en-us/news/politics/us-supreme-court-justice-ginsburg-apologizes-for-trump-remarks/ar-BBukt9C?li=BBmkt5R&ocid=spartandhp

I’m going to give the Supreme Court justice high marks for saying she plans to be “more circumspect” in the future.

She had said Trump’s election as president would be disastrous for the country and joked she might move to New Zealand if Trump is elected.

I am one of those who have said she shouldn’t have made those statements. It is true that there’s nothing written or codified about what Supreme Court justices can say. It’s been a long-standing tradition that justices steer clear of partisan politics.

Ginsburg lost control of her verbal steering wheel when she popped off about Trump, who not surprisingly responded in his typically crude manner, suggesting the justice had lost some of her mental acuity. He demanded her resignation.

As Reuters reported: “On reflection, my recent remarks in response to press inquiries were ill-advised and I regret making them,” she said in a statement issued by the court. “Judges should avoid commenting on a candidate for public office. In the future I will be more circumspect,” Ginsburg added.

That’s good enough for me. Is it good enough for her critics? I’m thinking umm … no.