Category Archives: Legal matters

Update on the Dallas ballot lawsuit

Posted on February 11, 2018 by Charles Kuffner

Still waiting on this. Dallas County Republicans have filed a motion to remove Judge Eric Moyé from overseeing a lawsuit that would remove 127 Democrats from the 2018 general election ballot. Moyé, a Democrat, has refused to step aside in … Continue reading →

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One more judge for bail reform

Posted on January 31, 2018 by Charles Kuffner

Once again, credit where credit is due. A long-serving Harris County Republican judge has broken with 14 Republican colleagues, withdrawing from the county’s appeal in a landmark federal lawsuit challenging its bail system for discriminating against poor, low-level offenders. Criminal … Continue reading →

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“Fetal remains” law blocked in court

Posted on January 30, 2018 by Charles Kuffner

It’s deja vu all over again. Texas’ second attempt to require health providers to bury or cremate fetal remains has been temporarily thwarted by a federal judge and another court battle is imminent. In his Monday afternoon ruling, U.S. District … Continue reading →

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Dallas County GOP sues to knock basically all Dallas Democrats off the ballot

Posted on January 24, 2018 by Charles Kuffner

Well, that escalated quickly. Dallas County Republicans have filed a lawsuit to have 128 Democrats kicked off the March 6 primary ballot. The lawsuit, filed in Dallas County late Friday, contends that Dallas County Democratic Party Chairman Carol Donovan didn’t … Continue reading →

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Lawsuit filed over Dallas County bail practices

Posted on January 23, 2018 by Charles Kuffner

Bring it on, I say. On the heels of a federal ruling slamming Harris County for its bail practices, civil rights lawyers have now set their sights on a county with a similar system: Dallas. Six indigent misdemeanor and felony … Continue reading →

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So is there a residency standard now?

Posted on January 21, 2018 by Charles Kuffner

This is curious. State Rep. Dan Huberty’s only primary challenger was on Friday declared ineligible to run to represent House District 127. In a summary judgment, Harris County District Court Judge Bill Burke declared Reginald C. Grant Jr. did not … Continue reading →

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County court judges ordered to testify in bail bond lawsuit

Posted on January 20, 2018 by Charles Kuffner

This seems like a big deal. Lawyers behind the civil rights case that upended the bail system for low-level offenses in Harris County have asked a federal judge to consider sanctioning sitting county judges, citing grave concerns that the county … Continue reading →

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SCOTUS will not hear Texas partisan gerrymandering appeal

Posted on January 17, 2018 by Charles Kuffner

Not really a big deal. Texas, for now, will not join the list of states fighting in court over the limits of partisan gerrymandering. As it considers cases out of other states over whether extreme practices of partisan gerrymandering can … Continue reading →

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Supreme Court hears bag ban arguments

Posted on January 16, 2018 by Charles Kuffner

Hoping for the best, but not really expecting it. In the case Laredo Merchants Association v. The City of Laredo, lawyers spent almost an hour arguing whether Laredo’s 2015 ban was illegal under state law. If the Republican-led court rules … Continue reading →

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Dan Patrick wants SAPD Chief arrested

Posted on January 15, 2018 by Charles Kuffner

Bring it on. Texas Lt. Gov. Dan Patrick on Wednesday asked the state’s attorney general to determine if the chief of the San Antonio Police Department violated the state’s immigration-enforcement law during a human smuggling incident. Late last month, San … Continue reading →

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SCOTUS will take up Texas redistricting appeal

Posted on January 13, 2018 by Charles Kuffner

As the man once said, hold onto your butts. Further extending a drawn-out legal battle, the U.S. Supreme Court on Friday agreed to hear a case over whether Texas’ congressional and House district boundaries discriminate against voters of color. The … Continue reading →

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Yet another ruling against North Carolina’s Congressional map

Posted on January 11, 2018 by Charles Kuffner

Because redistricting litigation is always of interest. A panel of federal judges struck down North Carolina’s congressional map on Tuesday, condemning it as unconstitutional because Republicans had drawn the map seeking a political advantage. The ruling was the first time … Continue reading →

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So where do we stand with handing over voter info to the Trump commission?

Posted on January 4, 2018 by Charles Kuffner

The DMN asks the question. Have state officials turned over Texas voter information to the federal government? In short, not yet. A lawsuit by the Texas NAACP and the Texas League of Women Voters has halted the state’s release of … Continue reading →

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More on the Pressler lawsuit

Posted on December 29, 2017 by Charles Kuffner

The Chron adds some details to the lawsuit against former State Representative and Judge Paul Pressler, who has been accused by Duane Rollins of long-term sexual abuse. Rollins worked in 2003 and 2004 as a personal assistant to Pressler and … Continue reading →

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Pension bond sales proceed

Posted on December 23, 2017 by Charles Kuffner

But it was close, which both boggles my mind and annoys the ever-loving crap out of me. The City of Houston can move forward with its plan to sell $1 billion in bonds on Friday as part of Mayor Sylvester … Continue reading →

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SCOTUS to consider Texas redistricting case in January

Posted on December 23, 2017 by Charles Kuffner

Batten down the hatches. The U.S. Supreme Court will meet Jan. 5 to consider whether to take up a case on how Texas draws its congressional and statehouse maps. In a 5-4 decision split along ideological lines in September, the … Continue reading →

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Microbrewery legal setback

Posted on December 22, 2017 by Charles Kuffner

Kind of a lousy Christmas present. Three Texas brewers are going back to battle with the state after an appeals court reversed a decision that would have allowed them to sell their distribution rights for monetary compensation. In 2014, Peticolas … Continue reading →

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Farenthold gets off the ballot

Posted on December 21, 2017 by Charles Kuffner

It started with this. The Republican Party of Texas managed to clear a path Tuesday in federal court for its chairman, James Dickey, to remove U.S. Rep. Blake Farenthold’s name from primary ballots. But as of press time, a party … Continue reading →

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Inevitable lawsuit over pension bond ballot language filed

Posted on December 19, 2017 by Charles Kuffner

Like night follows day, like flies garbage. Mayor Sylvester Turner misled voters into approving a $1 billion pension bond referendum last month, a new lawsuit alleges, claiming that city officials plan to use the bonds’ passage to sidestep a voter-approved … Continue reading →

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The Paul Pressler lawsuit

Posted on December 16, 2017 by Charles Kuffner

Here‘s a thing to keep an eye on. A former Texas state judge and lawmaker has been accused of sexually abusing a young man for several decades starting when the boy was just 14, according to a lawsuit filed in … Continue reading →

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Voter ID back before the Fifth Circuit

Posted on December 6, 2017 by Charles Kuffner

And the worst judge on the Fifth Circuit does her thing. In Texas’ bid to keep its voter identification law intact, it was its legal foes — lawyers representing voting and civil rights groups and individual voters of color — … Continue reading →

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SCOTUS declines to hear Houston’s appeal of same-sex marriage lawsuit

Posted on December 5, 2017 by Charles Kuffner

Disappointing, but nowhere close to the end of the line. Denying the city of Houston’s request, the U.S. Supreme Court will not review a June decision by the Texas Supreme Court, which ruled that the landmark decision legalizing same-sex marriage … Continue reading →

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State has not appealed the voting rights case on language interpreters

Posted on December 2, 2017 by Charles Kuffner

Interesting. Texas has spent years defending its voting laws in court, regularly appealing rulings that found state lawmakers violated the rights of their voters. So when a federal appellate court in August ruled against the state’s restrictions on language interpreters at the ballot … Continue reading →

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Sports betting at SCOTUS

Posted on November 26, 2017 by Charles Kuffner

A case you might want to watch. Internet gambling in the United States has been limited to just three states since it began in 2013, but it could soon get a big boost from an unlikely source: the U.S. Supreme … Continue reading →

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Federal court permanently blocks Trump “sanctuary cities” order

Posted on November 24, 2017 by Charles Kuffner

Good. A federal judge has permanently blocked President Trump’s efforts to bar cities that limit cooperation with U.S. immigration forces from receiving funding, the most decisive blow yet to the White House’s efforts to crack down on so-called sanctuary cities. … Continue reading →

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Abortion procedure ban struck down

Posted on November 23, 2017 by Charles Kuffner

Good news, for now. A federal district judge handed a victory to abortion rights groups Wednesday when he struck down part of a Texas law curbing access to the most common second-trimester abortion procedure, called dilation and evacuation. In a … Continue reading →

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The First Amendment remains in effect in Fort Bend

Posted on November 21, 2017 by Charles Kuffner

For now, at least. Karen Fonseca, the owner of a white truck at the center of a social media dispute with Fort Bend County Sheriff Troy Nehls, is considering a civil rights lawsuit against the sheriff’s office. Fonseca’s attorney, Brian … Continue reading →

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Harris County sues Arkema

Posted on November 18, 2017 by Charles Kuffner

Good. Harris County filed suit Thursday against Arkema over chemical fires at its Crosby plant in the aftermath of Hurricane Harvey, saying the company violated a long list of environmental, safety and building regulations and put first responders at risk. … Continue reading →

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Second trimester abortion lawsuit hearings conclude

Posted on November 11, 2017 by Charles Kuffner

Now we wait. In a five-day trial that concluded Wednesday, lawyers for the state defended part of a Texas law that bans the most common second-trimester abortion procedure unless the fetus is deceased. Abortion rights groups sued the state in … Continue reading →

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SB4 at the Fifth Circuit

Posted on November 10, 2017 by Charles Kuffner

Hoping for the best as always, but the Fifth Circuit has a way of stomping on that. Tuesday’s hearing was on whether U.S. District Judge Orlando Garcia’s August decision to block several of the law’s provisions should stand while the … Continue reading →

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Second trimester abortion lawsuit hearings begin

Posted on November 4, 2017 by Charles Kuffner

Deja vu all over again. Texas abortion providers argued in court Thursday that it is not medically necessary to require women to undergo injections or other procedures in order to comply with a new state law restricting the most common … Continue reading →

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TCDLA pulls Paxton prosecutors brief

Posted on November 3, 2017 by Charles Kuffner

Get your act together, y’all. A leading organization of criminal defense lawyers on Tuesday withdrew its legal brief in support of prosecutors who are fighting to get paid for work on the criminal case against Texas Attorney General Ken Paxton. … Continue reading →

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In support of the Paxton prosecutors

Posted on October 31, 2017 by Charles Kuffner

Good to see. In an unusual step, six prosecutors and Texas’ criminal defense attorneys association have joined a continuing legal storm over how much the special prosecutors overseeing the criminal case against Attorney General Ken Paxton should get paid. Preventing … Continue reading →

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Paxton officially appeals redistricting ruling to SCOTUS, part 2

Posted on October 31, 2017 by Charles Kuffner

The state House version. Attorney General Ken Paxton on Friday asked the U.S. Supreme Court to reverse a lower court ruling that ordered nine of Texas’ statehouse districts redrawn after being found discriminatory. In August, a three-judge panel in a … Continue reading →

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