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dcbc

Burnt Ends
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Everything posted by dcbc

  1. You've been reading my letters to Santa.
  2. That's South Texas College of Law and Hair design, thank you. Signed, Proud Alumnus Not defending the maker of that statement though
  3. I tend to agree. And if you want to continue to complain, be my guest. But I'll still point out that it's not productive or that it doesn't make for interesting reading after a while. Maybe we need a "The system is Broken" thread? I'd read it.
  4. That's interesting. Let's expound on the "threatening our democracy" definition outside of what we're now dealing with which surely would qualify. We need a definition that survives all constitutional vaguness and overbreadth challenges. But this is a good start.
  5. I think it's just that the posts seem to preponderate heavily toward "the system is shit" and not so much of how the system should be rethought. Without the how, it's just complaining, and to the extent that it's valid, it's pretty tiresome to read. That doesn't mean some of us who are pretty familiar with the judicial system don't agree. How to fix a "broken" system is a more interesting and useful discussion.
  6. I forgot we still were talking about the Beard award. My mistake.
  7. 1. Is your BBQ delicious? 2. Is it for sale? 3. Are you open today? If the answers to each of these questions is yes, I don't care if the place is closed 6 days per week. Should that make a difference in the rankings? Sure. But as far as the question of should a person try this place goes, it's not relevant in the least.
  8. Me, everytime this Chicken-Little talk starts up again: It's not that I don't have the same worries/concerns. But I will vote for the good guys in November and try to get others to do the same. That is what I (and most of the rest of us) are able to do. Apart from that, "Bitch, chill; be cool."
  9. At this point, I think a lot of his legal bills are paid in the form of large retainers. Whether he, personally, is paying them (unlikely) or it is trickling out of what remains in the coffers of the various PACs or RNC, is not of concern to me. This is, in fact, how we drain the swamp.
  10. I was thinking the same thing about summary judgment in civil cases. I'm not up to speed on federal, criminal practice, but as far as objecting pre-trial to jury questions, it seems like you'd still have to have a charge conference after the presentation of evidence so that you could object at that point based on lack of evidentiary support. As alternatives, I guess you could try to make a pretrial motion for directed verdict on a defensive theory unsupported in the law, which clearly has been raised at this point. Or, you could seek mandamus relief after the charge conference, but that's far from ideal with the jury cooling its heels after the presentation of evidence with it's collective memory of what it heard fading. I'm rarely surprised when civil cases get procedurally FUBAR as time goes on. Criminal cases usually have other weirdness, but are procedurally normalized.
  11. I still think styling it as a motion in limine is the wrong move because a such is not a final determination on admissibility (be it of a legal theory or evidence to support it) and it doesn't get decided until the argument gets reurged at trial. I'd probably style it as a pretrial motion to exclude any and all evidence offered in support of the PRA defensive theory because the PRA has no applicability here. Sure, maybe some evidence could be offered for another purpose, but you try to get her to rule on the question of law and if she doesn't you can file your petition for writ of mandamus pretrial. If that doesn't work, you could file a motion in limine as to the defense's mentioning PRA defensive theory itself. If she's already dodged that by saying any underlying evidence could be offered for another purpose, you've at least got her backed into a corner. Honestly, I think the current refusal to rule may be enough to take it up, but it's certainly not a lock. It's a sticky wicket, as they say.
  12. is c-c-c-coming to k-k-k-kill me! How are you gonna c-c-c-catch me, K-K-K-Ken?
  13. But if she grants it, they come to the bench, offer to admit it at that point, and she agrees to admit it at that point. the jury has already been empaneled and jeopardy has attached. Granting a motion in limine is just another way for her to kick the can down the road past the non-jeopardy barrier.
  14. I think new judge steps in where old judge left off. Doesn't mean previous rulings couldn't be reheard. But I don't think Cannot, er Cannon, is going to be replaced, if I were called upon to predict the future.
  15. Okay, so she denied the motion to dismiss, but that doesn't foreclose her sending the issue to the jury on the PRA. Asking them to submit jury questions is just dumb. Just ask for a trial brief on the issue of the interplay between the PRA and Section 793 if you want to learn something. Or, I don't know, research it yourself, your Honor. But as a generalization: Did facts happen = fact question (jury). Does law apply to certain set of facts = legal question (court). What is the law = also a legal question, but cannot be misapplied. To the ELEVENTH! No stay.
  16. Right. Isn't that the subject of the dumb jury instruction submitted by Donald?
  17. Under ordinary circumstances, I tend to agree with the idea that you don't lock down jury instructions at this stage of the proceedings. But trial judges also tend not to ask the parties to submit jury instructions (or briefing thereon) at this stage of the proceedings. So to the extent that she is entertaining an instruction that does not comport with the law (despite her statement that she is not) and to the extent that such an error (if she gave that instruction) could not be appealed be the government since jeopardy already attached, her refusal to rule might be properly subject to mandamus review. She brought the question about the jury charge. Her saying now that it shouldn't be interpreted as anything but her trying to learn about this novel case is like her holding a lighted match near a pile of gasoline soaked rags and saying, "Don't worry. I just wanted to see if these matches were any good."
  18. A guy I work with is married to a woman from El Salvador. I know they went there several years ago. I'll see what he has to say.my friend: Edit: Per my friend: "Ruta de las Floras in Juayua! They have Los churros there (7 waterfalls), coffee plantation tours, hike volcano Izalco, cerro verde, lake coatepeque, markets in Merliot." He's trying to think of more. They had a great time.
  19. Same in Texas. Just is listed as the "respondent" but has not real role in the appellate proceedings.
  20. Oh, you're likely to hear me yell from hundreds of miles away.
  21. I'll try to give the short version from the weight loss thread. Back in 2019, after having surgery to repair a torn biceps tendon, I ballooned up to 249 lbs. Once my arm healed, I got back to working out and trying to eat more healthily, but couldn't get it kick-started. I got a prescription from my doc for Ozempic (covered by insurance) and within no time, dropped 20 lbs. From there, I stagnated for the next year. You just get used to it. After a year, we upped the dosage from 0.5 ml to 1.0 ml. Over the next three months, I lost a couple of pounds, but no major changes other than even more heartburn/GERD. Then, seemingly out of nowhere, I developed intractable hiccups. I'm talking, hiccups for three hours (bad hiccups), which would abate for an hour and start again. I was prescribed Thorazine, which did nothing to abate the hiccups and made me feel awful. I stopped that after a day or so. My doc said to discontinue Ozempic, but because it stays with you for a week or so, the hiccups continued. After about 5 days of it, I stumbled onto a Reddit where the OP said he had this problem and resolved it (after an ER visit) by taking a probiotic (Lactobacillus). Desperate, I picked some up, took two, and another two before I went to sleep, and it worked. I had maybe one more bout of hiccups, which abated quickly. I've been taking about 4 Billion cultures of Lactobacillus daily since then. I worried about coming off Ozempic and putting the weight back on as most people do. I got very serious about my diet (during the week) and, over the next four months, I dropped another 30 lbs and have leveled out at just above/below the 200 lbs mark. Honestly, I'd like to lose a little more, but I'm not taking Ozempic ever again. Intractable hiccups was quite convincing on that score. As with any medication, YMMV Edit to add that my non-medical opinion is that because Ozempic causes the amount of time food spends in your stomach to increase, over time, your gut flora/fauna gets pretty wrecked and a daily probiotic would be a good idea.
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