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 Episode No. 66- New York's Bail Reform- 5 Years Later With Guest Jim Quinn

Image
Jim Quinn is a former assistant district attorney in Queens, New York.  His family has lived in New York for four generations.  Jim was on the front lines as New York passed bail reform through the the budget bill in 2019 and when it went into effect in January 2020.  Jim has written numerous articles about the New York bail reform and its impact on crime.  On this episode of The Bail Post we look back at 5 years under the New York bail reform law including the three roll backs by the New York legislature.  Join us and find out whether these reforms have been a success or whether they have been a failure.  Audio Podcast- Also available on- Apple Podcasts-            CLICK HERE Spotify-                        CLICK HERE Google Podcasts-        CLICK HERE Podcast Index-            C...
Read more

Episode No. 65- What Are The Major Bail Bills Pending Before the Texas Legislature With Guest Judge Woolley

Image
  On this episode of The Bail Post, we discuss the major bail bills pending before the Texas Legislature.  There are two proposed constitutional amendments:  SJR 1 and SJR 5.  There are also two bills:  SB 9 and SB 40.   SJR 1 is a proposed constitutional amendment that states if you are charged with a felony and you are in Texas illegally and did not enter a port of entry properly, then you are not entitled to bail.  The House companion is HJR 16. SJR 5 is a proposed constitutional amendment to expand preventative detention to give judges the discretion to deny bail for certain third time felons.  The House companion is HJR 15. SB 40 states that no government funds may be given to a non-profit for the purposes of posted bail by a charitable bail fund.  The House companion is HB 76. SB 9 is a major bill that made up of changes to the bail process, adds new charges to the list of offenses to which no personal bond may be granted and makes...
Read more

PBT'S 2025 Call To Action No. 1- HB 799

Image
 CALL TO ACTION NO. 1- HB 799     DATE-  MARCH 18, 2025 TEXAS CAPITAL- AUSTIN, TEXAS  9:00 AM TO 11 AM This is PBT's first Call to Action for the 2025 Legislative Session. The Criminal Jurisprudence Committee in the House will be meeting on March 18, 2025 to consider various bail bills.  The committee will meet at 10:30 am to take public testimony on bills set for consideration. If the committee does not complete its hearing at the time that the Texas House goes into session, then the committee will take a break and reconvene after the House business is complete for the day. The committee will be considering 5 bail bills. These bills are: HB 75 by Smithee (SB 9)- Supported by PBT- This bill contains tweaks to the Bail Reform bill passed 2 sessions ago. It adds offenses to the list of charges to which a personal bond is not authorized. HB 76 by Smithee (SB 40)- Supported by PBT- This bill states that government funds cannot be given to charitable bail fund t...
Read more

The Bail Post Episode No. 64- How the Victory of the California Election in November is Slipping Away with Guest Patrick Jordan

Image
At the end of the Star Wars movie "New Hope" the rebels have a great victory only to see the victory short lived in "The Empire Strikes Back."  On this episode of The Bail Post we find out the great victory of the November election is already slipping away in California and the entrenched advocates are well on the way with their "Plan B."  Our guest is a returning guest.  He is retired Chief Patrick Jordan.  He worked for the L.A. County Sheriff's office for over 30 years.  He has intimate knowledge regarding  the California Criminal Justice System the reforms that have been pushed for years.   Join us as we discuss the November election and the both the success of the election and how the political advocates already are getting around the results.  Patrick Jordan has his own podcast called "Briefing with the Chief" and it can be found HERE . Audio Podcast- Also available on- Apple Podcasts-            CLICK HERE...
Read more

Chicago Has Become a Santuary City for Criminals

Image
by Paul Vallas To refer to Chicago as a haven for criminals is an understatement. Today, despite Mayor Brandon Johnson’s pious announcements to the contrary, Chicago remains one of the most dangerous cities in America. While there are underlying causes of crime — such as failing schools, underinvestment, and weak economic possibilities — that the city has failed to address, the undeniable truth is that there are fewer and fewer consequences for increasingly serious crimes. Meanwhile, a powerful "Criminal Industrial Complex" profits from this system — one that makes Chicagoans and visitors less safe every day. Chicago is the crime capital of the nation, leading all U.S. cities in both murders and mass  shootings year after year. If Chicago were a state, it would rank second only to California in  mass shootings. In 2023, 76 school-age children (17 years and younger) were  urdered in Chicago — more  than in any other city. Chicago also leads the nation in murders ...
Read more

Stories by Topic:

Show more