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

Using a Buzz Saw to Cut Butter- Tennessee's Proposed Constitutional Amendment No 1 to Expand Preventative Detention

Image
On this episode of The Bail Post we look at the proposed Constitutional Amendment No. 1 for the State of Tennessee that will be on the ballot in November and its proposal to expand preventative detention.  Our guests are Shelly Alexander and Eric Granof.   Audio Podcast- 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 Podc...
Read more

What is the Response of the Activists to the Increasing Failure to Appears As A Result of Simple Release Mechanisms Such as Person Bonds?

Image
What has been the Response of the Activists to the Increasing Numbers of Failures to Appear as a Result of the Simple Release Measures that they Push? There is a growing amount of data that now documents that the release measures pushed by the activists are damaging public safety.  In Texas, there is the Report of the Houston Police Officers Union that reviewed a weeks worth of data for the misdemeanor courts using almost all personal bonds and they found a failure to appear rate of over 75%.  To see more CLICK HERE .  Houston Court Watch complied two years worth of data using the same formulas and found an average failure to appear rate of over 83%.  To see more CLICK HERE . Over time other states and issued reports that confirm these shocking numbers.  The Cook County Illinois Clerk issued a report saying that the failures to appear for individuals released on simple release were over 70%.  The Yolo County District attorney appeared on a podcast saying th...
Read more

Right on Crime- Going rogue: How Radical, Reformist Prosecutors Are Endangering Public Safety

Image
  Going Rogue:  How Radical, Reformist Prosecutors Are Endangering Public Safety by Ross Jackson Despite decades of bipartisan criminal justice reform and declining national crime rates, several U.S. cities have experienced increases in crime under the leadership of rogue prosecutors who abuse their discretion by refusing to enforce laws they disagree with and instead pursue lenient charges against violent criminals. These district and county attorneys implement formal or informal non-prosecution policies that violate their sworn duties, under-mine the rule of law, and erode public trust in the justice system. Data from the FBI indicates that during the tenure of these prosecutors, occurrences of several major crimes, such as murder and aggravated assault, rose. The crime rates in cities like Austin, Philadelphia, and Minneapolis illustrate correlations between the implementation of reformist prosecutorial policies and some rises in violent and property crime (FBI, n.d.). Stat...
Read more

Meet the New President of PBT- Irma Montemayor

Image
Is 2024 the Year of the Woman for the Professional Bondsmen of Texas?  At the recent annual meeting, Irma Montemayor was elected president of PBT.  She will serve for the next two years.  She is only the third woman to be elected President.  She has been involved in the bonding industry since she was 18. "It is my goal to continue to build on the legacy those before me have formed through hard work and dedication.  I pray for the wisdom in all my decisions and pledge to seek guidance and advise from those willing to collaborate in order to continue making PBTx the model association for the rest of the  Country.  God Bless the great State of Texas!" Irma has served in many different capacities.  She has been a member of the executive team as the secretary.  She has served as convention chair and in many other roles.   Irma is licensed in Hidalgo County and her bonding company is A-Fast Bail Bonds.  Join us in congratulating Irma...
Read more

18-year-old Faces Murder Charge; Alleged Stabbing in North Oak Cliff

Image
An 18-year-old man is in custody in connection with a fatal stabbing Friday night in the Kessler Stevens neighborhood of north Oak Cliff, Dallas police say.  Jose Lucio Villeda-Gavarrete was arrested after the incident on a murder charge, police said. His bail information was not immediately available Saturday.  Officers responded to the stabbing call at about 11:43 p.m. in the 600 block of North Ewing Avenue, near East Jefferson Boulevard and East Eighth Street.  To see more CLICK HERE .
Read more

Stories by Topic:

Show more