Daves v. Dallas County- Update- 5th Circuit Issues Stunning Rebuke of Plaintiffs and ODonnell Case


Shocking News.  The Fifth Circuit handed down the long awaited opinion in the Daves case today.  The court starts the opinion by stating the following:

"In a second round of en banc review, we conclude that this case, whose aim was to revise by federal decree the Texas state court pocedures for felony and misdemenaor pretrial bail, should neer have been brought in federal court."

This is the second en banc decision handed down by the 5th Circuit in the case.  The court remands the case with instructions to DISMISS.

The court holds that the trial court should have abstained from hearing the case.

To see the opinion CLICK HERE.

This is a rapidly moving story.  More to follow.

Impressions-

ODonnell should never have been filed.  The county has spent over $100 million to implement a settlement that the trial court 

How does this impact the Russell v. Harris County case pending in federal court in Houston?

How does this impact the Booth v. Galveston County case pending at the 5th Circuit on appeal from Galaveston federal court.

More to come . . .


Comments

Post a Comment

Most Read Posts Over The Last 30 Days

The Bail Post Podcast- Episode No. 4- Did the 5th Circuit Just End Federal Bail Litigation?

Image
This is big.  The Fifth Circuit has issued an en banc opinion in the Dallas Federal litigation called Daves v. Dallas County.  The opinion was issued yesterday.  This is a huge opinion that addresses three issues.  Listen to our podcast to learn more.   Also available on: Apple Podcasts-            CLICK HERE Spotify-                        CLICK HERE Google Podcasts-        CLICK HERE Podcast Index-            CLICK HERE Amazon Music-          CLICK HERE Stitcher-                      CLICK HERE iHeart-                        CLICK HERE TuneIn + Alexa          CLICK HERE Po...
Read more

Harris County DA Blames Rising Crime on Houston Judges; 14 of Her Prosecutors Are Running Against Them

Image
  On a winter afternoon nine months into the pandemic, Harris County district attorney Kim Ogg held a Zoom meeting with felony judges and prosecutors to discuss the backlog of cases caused by COVID-19 shutdowns at the downtown Houston courthouse. But the backlog wasn’t the only issue to come up that day. For years, the Democratic DA had been publicly criticizing local judges who set what she deemed insufficiently high bonds for defendants accused of violent crimes. Now her office would deliver a direct warning. First assistant district attorney David Mitcham, Ogg’s top lieutenant, informed the judges that there would be a “reckoning” if they didn’t start setting higher bonds. “My reaction was like, ‘Wow, that was bold,’ ” said Joe Vinas, the president of the Harris County Criminal Lawyers Association, who was on the call representing the criminal defense bar. “One of the judges asked if Mitcham was threatening him.” Many in Houston’s legal community have thought back to that moment...
Read more

Amendment to Article 17.19 of the Texas Code of Criminal Procedure

Image
HB 2697- This bill amended article 17.19 of the Texas Code of Criminal Procedure.  Article 17.19 authorizes a surety or bail bondsman to file a request for a warrant with the magistrate or the trial court based upon some action on the part of the defendant.   The existing statute required the surety or bail bondsman to give notice of the request to the defense attorney if the defendant was represented by counsel.  That notice must comply with Rule 21a of the Texas Rules of Civil Procedure.  Further, the statute requires that  the affidavit set out certain matters regarding the defendant including the reason why a warrant is needed. Section 17.19 states that if the request for a warrant meets the statutory requirements the trial court or magistrate must or shall issue a warrant of arrest for the defendant.   If the trial court refuses to issue a warrant, then the surety or bail bondsman has an affirmative defense to any subsequent failure to appear...
Read more

Linda Lois Traylor Tough But Fair Bondsman Passes Away

Image
Linda Lois Traylor, born August 17, 1947 in Houston, TX, passed away on August 21, 2025 after a courageous battle with cancer. She was 78. Linda was a beloved matriarch, a successful business owner for over 40 years, and a woman with a work ethic like no other. Tough but fair, she lived life with strength, humor, and generosity. Her quick wit and legendary joke-telling could light up any room. She believed in working hard and playing hard. She found joy in fishing and glamping by the lakes in her RV, as well as trips to the casino with friends. Cooking was her love language, and her southern-style dishes were cherished by all who gathered at her table. She entered and won many cooking contests, but her greatest reward was sharing meals with family and friends. Above all, Linda’s greatest pride and joy was her family. She survives and is deeply cherished by her children, David Yokem, Tammie Little and Michael Yokem. Her grandchildren Cody Yokem and wife Sarah, Brandon Little and wife Ti...
Read more

Minnesota Freedom Fund Surreders to Reality- Stops Posting Bail

Image
  The Minnesota nonprofit is shifting its focus away from directly posting pretrial bail and bonds for criminal suspects. The decision will go into place on June 1.   The nonprofit was founded in 2016, and following the death of George Floyd in 2020, the group received $42 million in donations from all over the world. Since then, the group has supported thousands of people by investing $33.2 million directly into “freeing people from cages and resourcing organizations in the fight for racial justice.” * * * * The organization said they can’t sustain bailing and bonding their way out of the “harmful systems of pretrial detention and immigration detention,” and need to utilize their resources to push for positive change. The executive director of Minnesota Freedom Fund, Elizer Darris, released the following statement: “Today, Minnesota Freedom Fund announced a strategic shift away from paying pretrial bails and immigration bonds . . . " To see more CLICK HERE .
Read more

Stories by Topic:

Show more