The Bail Post Podcast No. 32- Update- Daves v. Dallas County- 5th Circuit Ends Federal Court Micromanagement of Pretrial Bail Practices


On March 31, 2023, the United States Court of Appeals for the Fifth Circuit handed down the long awaited second en banc opinion in Daves v. Dallas County.  The opinon has some strident language.  The court of appeals held that neither Daves v. Dallas County, nor ODonnell v. Harris County should have ever been litigated in federal court.  On this weeks episode of The Bail Post we discuss the new opinion from the Fifth Circuit and address the potential impact the opinion will have.


 

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

Podcast Addict-         CLICK HERE

Podchaser-                 CLICK HERE

Pocket Casts-             CLICK HERE

Deezer-                      CLICK HERE 

Listen Notes-            CLICK HERE

Audible-                    CLICK HERE

PlayerFM-                CLICK HERE

Other Episodes of "The Bail Post"-          CLICK HERE

Subject Index to The Bail Post Podcast-  CLICK HERE


If you would like to read an analysis of Daves II CLICK HERE.

If you would like to listen to our discussion of Daves I you can find that podcast by CLICKING HERE.

If you would like to read the opinion CLICK HERE.

Comments

Post a Comment

Most Read Posts Over The Last 30 Days

The Untold Story- Selling Out Public Safety One District Attorney at a Time

Image
The Untold Story- Selling Out Public Safety One District Attorney at a Time By Eric Granof History is full of examples where good intentions paved the way to disastrous outcomes.  Today, we are witnessing another such moment -- a social experiment in criminal justice reform that has unleashed unforeseen consequences on our urban communities. This experiment was built on two flawed premises.  The first was that bail is unnecessary and people would voluntarily appear in court without financial incentives.  The second was that “soft-on-crime” policies would not lead to increased criminal activity.  Both assumptions have proven catastrophically wrong, but the damage has already been done. A group of individuals advocating bail reform -- and criminal justice reform in general -- established a network of groups to push a series of initiatives.  It was funded by a small number of extremely deep-pocketed foundations and wealthy billionaires.  Among them, the Open S...
Read more

Nathan Hochman Takes Office As New LA District Attorney- Hits the Ground Running

Image
  In his first two days in office, new Los Angeles County District Attorney Nathan Hochman has rolled back on progressive policies backed by former district attorney George Gascón. “I’ll be prioritizing public safety while ensuring real and effective criminal justice reform,” Hochman said in a recent interview with Annenberg Media. “I believe you can do both at the same time.” Hochman’s first changes expanded the power of L.A. County prosecutors to enforce harsher sentences for crimes. This included dismantling Gascón’s Proposition 47, which stated that certain non-violent offenses, including stealing merchandise under the value of $950, would be reclassified as misdemeanors rather than felonies. Hochman backed Proposition 36, which passed into law on November 5. This legislation aimed to reinforce strict penalties for repeat offenders, specifically in regard to theft and drug-related crimes. Gascón’s restrictions on applying gang-related sentence enhancements . . . To see more CLI...
Read more

Defeated Oregon District Attorney Seeks Release of 8 Violent Offenders Before Leaving Office

Image
Multnomah County, Soft on Crime, District Attorney Mike Schmidt, who was voted out of office on Election Day, petitioned an Oregon judge on Monday to reconsider the sentences of eight individuals – which could result in reduced charges and see the convicts freed from prison.     “These have all the appearance of a last-minute giveaway,” Multnomah County District Attorney-elect Nathan Vasquez, the Republican-turned-independent who defeated Schmidt, told the outlet.  “They’re extremely violent individuals who have committed horrible crimes, and they’re being given some kind of a break,” added Vasquez, who starts his term on Jan. 6.  Frank Swopes, Jr. Frank Swopes Jr., who was convicted of felony murder for the death of 75-year-old Jean Stevenson during a December 1993 home invasion, is among the violent offenders Schmidt is seeking to free.  Swopes Jr., 62, went on to commit another violent crime just a week after his accomplice killed Stevenson by pushing he...
Read more

New York State Senator- "Bail reform failure keeps all of NY in danger"

Image
Bail reform failure keeps all of NY in danger by New York State Senator Tom O'Mara October 24, 2024 It was just over a year ago, shortly after the enactment of a state budget that paid Albany Democrat lip service to the need to end New Y rk’s failed and dangerous bail reform experiment, when Gov. Kathy Hochul declared, “We are done with bail. We accomplished what we needed to do.” Since then, it sure has looked like the governor meant what she said. She and the Legislature’s Democrat majorities have done nothing to fix a continually failing and exceedingly dangerous law that they put in place and that has turned the criminal justice system in this state upside down.  The latest exhibit of their failure comes out of Western New York in Allegany County, where I represent a portion of the eastern half of the county. Recently, following a year-long investigation and surveillance operation of an illegal drug operation in a former factory in the small town of Cuba, local and state law en...
Read more

Episode No. 60- Conquering the Digital Beast with Guest District Clerk Jon Gimble

Image
The district clerk wears many hats.  As we have seen the expansion of the digital formats and e-filing, the hats that the district clerk has to wear has only expanded.  As many counties have overseen the conversion of old software systems to new over the last couple of years, some have experienced more problems that others.  Our guest on this episode of The Bail Post is the District Clerk of McLennan County.  Mr. Gimble has overseen software conversion, has been appointed to state committees and commissions and is in the forefront of planning for the future (think central statewide database).  Join us and all the many things that you never even knew the district clerk took care of in your county.  Audio Podcast- Also available on: Apple Podcasts-            CLICK HERE Spotify-                        CLICK HERE Google Podcasts-   ...
Read more

Stories by Topic:

Show more