No, but if you do not understand even the basic principle that this is off-topic and that I will not discuss this here, then …
The need to empanel an unbias jury and still limit preemptory strikes is exactly why a change of venue exists. Whether bias actually existed on this panel, or on the bench, will be a matter for appeal if any such point is used for appeal. As a lawyer, I would think you would agree that such things are tough to predict.
Well, you should understand that a change of venue for a trial is rarely granted, because such moves disadvantage everyone involved. If an appeal is based on an unsuccessful motion for a venue change, that appeal has little chance.
I have been involved in quite a few. It is not uncommon here, even though they are a pain.
A reputable judge would have granted a change of venue in a minute.A reputable prosecutor would not have stood in the way. There is not a single person with an ounce of political awareness in the state of Texas that believed Tom Delay could get a fair trial in Travis County.
You’re right. It was a silly comment and off topic. I apologize.
You’re right. It was a silly comment and off topic. I apologize. But, to be fair, I was responding to another silly comment which stated that contributions to Republican PACs to support Republican candidates should be punishable by death. That person asked if the death penalty was off the table for Tom DeLay. The comment was facetious, but just as silly as my own.
Even though you deserve to be sentenced to 5 years to life in prison for defaming the glorious, though presently slightly transitionally indisposed, Longhorns, you’re right on. I’m sad to say it but your typical Austinite is slightly to the Left of Leon Trotsky.No, it is not the same as being tried in federal court in DC. This charge was brought specifically by the Travis County District Attorney (Ronnie Earle) for a crime committed in Travis County. It was not the State AG that brought this case to trial. There was a significant, long-term and very* public* dispute between Tom Delay and the District Attorney Earle of Travis County. Earle also brought a suit against Kay Bailey Hutchinson in which she was aquitted. He filed charges on Rep. Mike Martin which failed to get an indictment. He is a County DA that is dead set against corruption in Republicans, whether it exists or not. No coincidentaly, he also ran for statewide office (Lt. Governor) and was defeated.
Yes, this is politics in Austin. It is well publicized. The people there are fed a steady diet in the papers of the evils of Republican politicians. If this is not cause for a change in venue, then none exists. This is also why I will not set foot in this city, but thoroughly enjoyed watching the Longhorns go down in flames this week.
GIG’ EM.
Either you know little about the law or you have a crystal ball that works very well. In a court of law, one seldom has a certain outcome. That is why they hold the hearing.
It does not take a crystal ball to predict that an appeal that is reviewed on an abuse of discretion standard where the underlying decisions involved an assessment of witness and affiant credibility is extremely unlikely to be granted.
You’re right, but as the bumper sticker reads, “Don’t mess with Texas.”
I guess I should have responded with “touché,” so people knew we were both engaged in some silliness fencing.
In my opinion, after me being a member of the bar for 30 years, he don’t have a snowball’s chance to win on change of venue. He ain’t no Sam Shepard.