Breaking- United States Supreme Court Denies Cert. in Daves v. Dallas County

 


On January 5, 2024, the United States Supreme Court of the United States held a conference on the petition for cert. filed in Daves v. Dallas County.  

The petition for cert. raised two issues.  The first was abstention.  The Younger Abstention Doctrine holds that federal courts should abstain from cases that are pending in state proceedings.  The federal appellate courts have suggested that the federal courts should not  attempt to "micromanage" ongoing criminal cases pending in the state courts.  

This argument would seem to apply even more to this litigation.  Once the Fifth Circuit held that judges could not be sued in these types of lawsuits, the analysis should have been even more in favor of not getting involved in this type of litigation.  Since the judges are not proper parties, then why would plaintiffs be allowed to still sue, going around the judges, by suing only the county and the sheriff?  The Fifth Circuit held that Younger Abstention required that the federal courts abstain.  The United States Supreme Court has now denied cert. on this issue.

The second issue was mootness.  The Fifth Circuit held that the issues in Daves was mooted when the Texas Legislature passed SB 6 with made fundamental changes to pretrial bail procedures.  In addition, the Fifth Circuit held that the plaintiffs' arguments on this issue did not make sense and did not even apply.  The United States Supreme Court has now denied cert. on this issue as well.

To see the list of orders denying cert. for January 8, 2024 CLICK HERE.

To see the opinion in Daves II (Second En Banc Opinion) CLICK HERE.

To see the opinon in Daves I (First En Banc Opinion) CLICK HERE.

To see opinion in Daves by the Panel which was replaced by Daves I CLICK HERE.

Comments

Post a Comment

Most Read Posts Over The Last 30 Days

The Bail Post Episode No. 55- New York's Deal With The Devil Over Recidivism 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 slipped bail reform into 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 evaluate the reforms and their impact on recidivism. The biggest take away from this episode is that the politicians stated that they were willing to have more crime to address their political agenda. Four years later, we can say that they got exactly that. Crime is up 40% since before the reforms were enacted and defendants with a prior arrest are committing new crimes at record numbers. Recidivism rates demonstrate that a known group of people are committing a large percentage of crimes and the citizens are bearing the brunt of the harm because politicians refuse to fix the problems that they them
Read more

Good People, Good Food, Good Conversation and Good Competition- PBT's Upcoming 2024 Spring Fling

Image
Wednesday: April 10 - 12 is the PBT 8th Annual Spring Fling.  Festivities will begin on Wednesday with the Annual PBT Golf tournament.  Additionally, as teams are playing golf, another PBT team will be preparing a feast for Wednesday evening.  Late Wednesday afternoon PBT will celebrate the victors of the golf tournament with its annual cook out dinner.  This is a great time to mingle with other bondsmen, our lobbyists and our surety partners as we have fun celebrating all things Texas. Additionally, PBT invites local law enforcement members to join in the fun. This year, Wednesday evening will see a new element to the celebration.  PBT is sponsoring its first ever steak cook off  competition.  PBT currently has thirteen entries who are willing to put their reputations on the line to find out who can cook the best steak as selected by our blue ribbon panel of judges.  The cooks will be performing under the harsh lights (and harsh jokes) of all the spectators supporting and heckling the
Read more

The Bail Post Episode No. 54: The Causes of Crime and How to Deter It With Guest Dr. Jennifer Wooldridge

Image
On this episode of The Bail Post we talk about the current theories regarding the causes of crime and how to deter it.  Our guest is Dr. Jennifer Wooldridge.  She is an associate professor of Criminal Justice and the Criminal Justice Undergraduate Coordinator at UT Tyler.   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 Podcast Addict-          CLICK HERE Podchaser-                  CLICK HERE Pocket Casts-              CLICK HERE Deezer-                       CLICK HERE   Listen Notes-             CLICK HERE Audible-                     CLICK HERE PlayerFM-                 CLICK HERE Video version of Podcast- Subject Index to The Bail Post Podcast-   CLICK HERE   To find more information regarding
Read more

The Pendulum of Justice: Let ‘em out, Lock ‘em up

Image
  Over the past decade we have witnessed a giant swing of the pendulum in the criminal justice system from tough on crime policies to soft on crime policies and back again. These erratic swings have been created by knee jerk reactions by legislators to fix what they refer to as problems and inequities in the criminal justice system. Unfortunately, these fixes have consistently failed, in fact, creating even larger imbalances that then need another fix which then also goes too far…and so on and so on. For example, for many years we heard cries from activist groups that “jails are overcrowded.” They claimed we had too many people in jail for low level crimes and the only reason they were there was because they could not afford a bail bond. This narrative became the fuel behind an entire criminal justice movement that most of us know as “bail reform”. The blame for overcrowding was put solely on people’s ability to pay bail. So, the reaction of legislators (and some DAs) was to release mo
Read more

The Bail Post Episode No. 52: The Legacy of Daves v. Dallas County

Image
The United States Supreme Court denied the petition for cert. filed by the plaintiffs in Daves v. Dallas County in January.  In February, the United States Supreme Court filed another petition for cert. filed in Little v. Doguet from Louisiana on a similar issue.  Therefore, the Daves v. Dallas County case has finally been concluded.  On this episode of The Bail Post we discuss the legacy of this case and the other important case called ODonnell v. Harris County.  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 Podcast Addict-          CLICK HERE Podchaser-                  CLICK HERE Pocket Casts-              CLICK HERE Deezer-                       CLICK HERE   Listen Notes-             CLICK H
Read more

Stories by Topic:

Show more