Can we just THROW texas out of the union already?

[Wycoff]

Originally posted by SlowwHand
Vesayen sounds a lot like the guy on death row.

Why? Did Vesayen go rape and murder a mother of seven as well?

[SlowwHand]

He hasn't found his outlet yet.

[DanS]

Originally posted by Zkribbler
But the attorney undoubted chose to get fancy, take all day writing the brief, and then they either had a computer foul-up like they said, or traffic was bad, or they sent it back for one too many re-writes. They made the blunder...and every U.S. attorney knows that filing windows don't stay open late. EVER!

Yes, this is the beginning and end of this discussion. It's just the way it works. In all 50 states, territories, protectorates, and the District of Columbia.

[Harry Tuttle]

19 years? Yep, times up.

[DaShi]

Originally posted by Wycoff


Why? Did Vesayen go rape and murder a mother of seven as well?

No, but personal attacks distract from the issue and try to bias people against those who disagree with you. So when you don't have a response to someone and/or a weak argument. Just resort to personal attacks. Tried and true, it'll get you out of your mess.

[Kidlicious]

Originally posted by Wycoff
Why? Did Vesayen go rape and murder a mother of seven as well?

In Texas they find the nearest retarded person and arrest him for it. Then they get a confession out of him and put him on death row.

[SlowwHand]

That is such a retarded thing to say. GET HIM!

[Kidlicious]

Originally posted by SlowwHand
That is such a retarded thing to say. GET HIM!

I thought you might take that as a compliment. You get your man everytime don't you?

[Lefty Scaevola]

Why would any of you twits imagine that the clerk had any discretion in the matter? Filing deadlines, filing requirments, and commonly the clerks hours of operations are not in his hands. They will be determined by statute, state wide procedure rules, and local rules (both type rules are court orders) for the specific court. If the clerk violates any of them, he will be punished, and if it was to do a past deadline filing, it would likely be void anyway. If the attornery needed an extension, he would have to get an order from a judge on the court. Instead of calling the clerk, he would have to run down to the courthouse with whatever motion for extension he can make, and hope a judge would take time out from what ever else he was doing to give him an unscheduled hearing and order. If the court's rule (which is a judicial order) says filing accepted until 5pm of calcualted day or that the clerk shall not accept filings for that court after 5PM, and the clerk takes one at 5:01, he is in contempt of court, facing fine and jailtime. If the deadline is a day without a specific time, but the clerk has no budget left for overtime, he will get reamed for keeping employees after hours. That is the way you will find most courts in the USA and most other countries. A judge has discretionary power, a clerk does not, save that which is expressly written into the rules, and if you wait until 10 minutes before deadline to try and find a judge available for an unscheduled heaing and extention order, you are gulity of malpractice.

[SlowwHand]

He's talking to y'all.

[snoopy369]

Maybe the lawyer was hoping to have the case overturned due to attorney negligence... I can't count the times my mom's opponents in the courtroom have tried that (she's a prosecutor). Hopeless case, try to screw something up big enough to get the case retried with different counsel, but not big enough to get in trouble with the bar ...

Doesn't usually work though, the judge usually sees right through it

[Lefty Scaevola]

Keep in mind that there are clerks, clerks, and clerks around here.
There is the coutry clerk, who handles court filings for the county courts at law and specialized country courts (like probate and mental health courts) in higly populted counties. he also handle real estate records, local comercial filings, and runs elections unless a seperat elections administrater has been created for the county. He is an elected offical with his own (several, for diffent functions) budgets with different sources of revenue. Courts rules will substatial control filing deadlines for the county courts (mostly original jurisdictions matter), but the courts will not have much control on his budgets or operating hours, since on a small fraction of work involve the courts.
There is the district clerk who hadles courts filings for the courts of a judicial district (multi county. again original jusridiction but some diffent subjects matters and amount in controversy than county courts at law) he has little non court work, but is an elected offcial and manages most of the internal functions of his office and budget but is subject again to law and court rules on what and when to accept for filings.
There are the clerks of the various appelate courts (such as the Court of Crimminal Appeals) who are appointed by each said court, and are entirely creatures of it, who do not snease, unless instructed to do so by the court.

[Wycoff]

Originally posted by DaShi
No, but personal attacks distract from the issue and try to bias people against those who disagree with you. So when you don't have a response to someone and/or a weak argument. Just resort to personal attacks. Tried and true, it'll get you out of your mess.

That's essentially what Vesayen's doing with this thread. He's suggesting that Texans are a bunch of bloodthirsty monsters for not giving this man yet another procedurally based break. That's just one big personal attack designed to bias people against Texans, with whom Vesayen disagrees.

He's waited around 19 years since convinvtion, despite the fact that no one disputes the man's guilt. His attorneys were too busy gaming the system to submit the paperwork on time, flubbing the most basic procedural step. It's their fault that they didn't get it in on time. The end result of this is that a convicted rapist-murderer, one who doesn't even dispute what he did (other than to say "the gun accidentally went off"), gets executed sooner.

Vesayan's whole rant (and the whole Lethal Injection debate) is just a collateral attack on the death penalty. I merely pointed out what the convict did. There was no rush to execution here (it's been 20 years). There was no real question as to whether this man was guilty. The only issue here is whether they should have waited to see whether SCOTUS bans lethal injection, in which case Texas will execute him via other means. Even if SCOTUS bans L.I., ex post facto wouldn't prevent Texas from changing the method of execution to some other method of execution. This whole situation is nothing but attorneys screwing up their dilatory tactics. I have a hard time feeling bad about the situation.

[Kidlicious]

Originally posted by Wycoff
He's suggesting that Texans are a bunch of bloodthirsty monsters for not giving this man yet another procedurally based break. That's just one big personal attack designed to bias people against Texans, with whom Vesayen disagrees.

Texans pretty much agree that they like to kill people don't they?

[Wycoff]

Originally posted by Kidicious
Texans pretty much agree that they like to kill people don't they?

Yes. Texas is just a bloody free-for-all, with every Texan constantly stalking and murdering as many other people as he can find, only stopping when he himself is murdered by another vile Texan.

Texans execute convicted murders, and they're not ashamed of it. In this case, bungling attorneys caused an execution to go on as scheduled. That's not the same as "liking to kill people."