Replies

As you noted;

The report reads as though the Texas Court of Criminal Appeals is refusing to grant what Reyna asked for.

And also;

What Reyna had asked of the Texas Court of Criminal Appeals was for it to order the 10th Court of Appeals to maintain (not lift) the gag order.

The reporting is all muddled.

Yeah...

I see that you helped clear much up confusion coming from the way this particular article switched around with identification of various Courts, and what happened where, in your comment #16 by drawing attention to there being 3 different Courts, and that Renya had filed in the Texas Court of Criminal Appeals...

I'll take you word for that, although I'm still unsure of what was otherwise filed in Texas Court of Appeals rather than filed in the 10th Court of Appeals though...

Ugh. If "wacobiker" would make it a little plainer just what was what, rather than simply have the pdf's themselves, maybe it would be easier.

I admit I haven't gone through each and every of those that are listed. What is in the pdf's is all public knowledge. I suppose the gag order precludes there being extra-curricular identifying comments. Only Renya gets to run his mouth, I guess. I'm beginning to really not like that guy, and I've never met him. Funny how that works. He set out along with others to try to turn public sentiment against those who were arrested, and now [said in Jeremiah Wright voice?] "their chickens...are coming home to roost".

Here's to hoping Renya and Co. find a goose egg, in Austin.

It appears to me that the 10th Court of Criminal Appeals all-of-a-sudden appeared to pretend they didn't have jurisdiction over the 54th District Court in this matter, seeming to be playing like they were confused by Broden's reminding them that the 10th Court of Criminal Appeals didn't have jurisdiction to make or enforce a gag order in this instance , with themselves (the 10th) not having jurisdiction over the 54th District Court ---when the 54th Court District apparently issued a gag order contrary to Texas court, even the same 10th Court of Appeals, and U.S. court precedents.

The underlying issue in a nutshell? ----

Until there is an indictment filed against Clendennen, it does not appear that Johnson's 54th has jurisdiction to impose gag order either, even though Johnson did, as covered by Waco Tribune, June 30, 2015 article entitled "Judge prevents public release of Twin Peaks video, issues gag order".

From that article;

"Prosecutor Mark Parker told the judge that the state has every intention of complying with the rules of discovery but said the case is complex, is still under investigation and forensic testing is ongoing".

So? Where's an actual indictment, properly filed with a court in the State of Texas (beyond initial charges for arrest) that would justify having any court order that M. Clendennen and his attorney being prohibited from speaking to the press when it's not clear that M. Clendennen will even be taken to court?

And this, after many on the prosecution side have already spoken to the press, having repeatedly characterized all whom were arrested as being in 'gangs' and even criminal gangs?

Continuing from the same article from June 30;

"He (prosecutor Parker) said the DA’s office will comply with discovery, but had not intended on doing so in “piecemeal fashion” one case at a time."

Well mr. Parker, then you don't get to tell people they can't talk about your "investigation" either. "Still investigating" means you then, at that time, didn't know who to charge precisely with what crime, and as far as I know, here we are 4 moths later and you still don't know? Or won't say, if you do...

In the meantime, without a trial court to have jurisdiction, what has occurred is a DA's office (so far) successfully muzzling a potential defendant.

What's up with that?

And when you, mr. Parker do begin to file charges, then you will be handing over the files, the whole enchilada, to somebody other than the Associated Press ---for a change!

The reporting is all muddled.

It makes a person wonder if the actual court response was as conflicting and less-than-clear as was the OP, recent article, at the head of this FR discussion thread...

I have a bad feeling, that it probably is.

I swear, these people would kill Kenny, over and over, if they could get their stinking mitts on him.

Where to next (and would it help Broden's client)?

As TOMMY WITHERSPOON [click for email address] noted at the ending of Waco Tribune article Biker’s attorney files emergency appeal of gag order

"If the 10th Court denies the petition, Clendennen then has the option of filing similar pleadings with the Texas Court of Criminal Appeals in Austin."

I guess Broden already has filed a response? I hope this bites Renya in the b-hind. I really do. Then the criminal courts might have to deal with accepting jurors who are either -- entirely out of the loop, uniformed about current events, or accept only those along with people who will lie and say they've never seen any coverage. This will admittedly, likely make things more difficult for both prosecution & defense teams, but that's the breaks?

I do hope I'm not confusing the issue, for that's not my aim.