Episode No. 78- ODonnell v. Harris County- The Case That Will Not Die- Is The End Finally Coming?
On October 5, 2026, the Honorable Judge Lee Rosenthal issued an memorandum opinion in the ODonnell case. The court was ruling on a motion to dismiss the consent decree that was filed by 4 of the 16 misdemeanor judges. By way of history, the judges had been arguing for sometime that the consent decree did not comply with SB 6 and more recently did not comply with SB 9 passed by the Texas Legislature in the most recent Texas Legislative Session. Additionally, since the consent decree/settlement agreement was entered, all of the substantive rulings made by the trial court in ODonnell had been reversed by the 5th Circuit. Further, in the Daves II en banc opinion issued by the 5th Circuit, the court of appeals specifically stated that both Daves and ODonnell should never have been adjudicated in federal court. The trial court issued her opinion because the 5th Circuit issued a writ of mandamus ordering Judge Rosenthal to rule on the motion to dismiss based upon Young...