Texas Department of Criminal Justice

“ Assistant Director (AD) Larry A. Potts of the Criminal Investigative Division (CID) was responsible for the day-to-day oversight at headquarters and for communicating regularly with SAC Jamar. AD Potts' principal assistants were Danny 0. Coulson, the then Deputy Assistant Director (DAD) of CID, and E. Michael Kahoe, Section Chief of CID's Violent Crimes and Major Offenders Section (VCMOS) . ”

“ SAC Jamar has said he was fully aware of the dichotomy between the safety of law enforcement and the preservation of the crime scene. He noted that although every effort was made to consider the Texas Rangers' concerns regarding the crime scene, he felt it was more important to ensure that individuals within the compound and law enforcement safety be given first consideration. He also noted that as the length of time increased during the confrontation, the it was highly unlikely that the crime scene inside the compound would have been preserved intact. ”

“ The Court holds Texas lacks standing to challenge a federal policy that inflicts substantial harm on the State and its residents by releasing illegal aliens with criminal convictions for serious crimes. ”

“ As noted, the District Court made specific findings about the financial cost that Texas incurred as a result of DHS’s failure to assume custody of aliens covered by §§1226 (a) and (c) . And the costs that a State must bear when it is required to assume the supervision of criminal aliens who should be kept in federal custody are not only financial. Criminal aliens whom DHS unlawfully refuses to detain may be placed on state probation, parole, or supervised release, and some will commit new crimes and end up in a state jail or prison. ”

“ Texas’s “corroboration” law had an immediate positive impact. Once prosecutors needed more than just the word of one person to convict someone of a drug offense they began scrutinizing law enforcement tactics. ”

“ Section 9. The people shall be secure in their persons, houses, papers and possessions from all unreasonable seizures or searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause supported by oath or affirmation. Section 10. In all criminal prosecutions the accused shall have a speedy public trial by an impartial jury. He shall have the right to demand the nature and cause of the accusation against him and to have a copy thereof. He shall not be compelled to give evidence against himself. ”

“ The Legislature shall have authority to enact parole laws and laws that require or permit courts to inform juries about the effect of good conduct time and eligibility for parole or mandatory supervision on the period of incarceration served by a defendant convicted of a criminal offense. ”

“ The first charge that was filed was for murder with malice of Officer J. D. Tippit of the Dallas Police Department in cause No. F-153, The State of Texas versus Lee Harvey Oswald. This complaint was filed at 7:05 p.m. on the 22d day of November 1963.
Mr. Hubert. By whom?
Mr. Johnston. By Capt. J. W. Fritz, captain of the homicide bureau, Dallas Police Department, was accepted by W. F. Alexander who is William F. Alexander, an assistant criminal district attorney of Dallas County, Tex., which was passed over to me at 7:05 p.m. ”

“ The Federal Government also has a responsibility to ensure the safe and humane treatment of those in the Federal criminal justice system. However, as the Department of Justice’s Office of Inspector General found in 2016, privately operated criminal detention facilities do not maintain the same levels of safety and security for people in the Federal criminal justice system or for correctional staff. We have a duty to provide these individuals with safe working and living conditions. ”

“ According to those States, the Department’s new Guidelines violate federal statutes that purportedly require the Department to arrest more criminal noncitizens pending their removal.
The States essentially want the Federal Judiciary to order the Executive Branch to alter its arrest policy so as to make more arrests. But this Court has long held “that a citizen lacks standing to contest the policies of the prosecuting authority when he himself is neither prosecuted nor threatened with prosecution.” ”

“ The following morning, Ederer and DeAtley began to put a prosecution team together; everyone expected that a large number of people were about to surrender, and decisions would have to be made about whom to charge and with what. During this time, Ederer noticed that Johnston had been directing the Texas Rangers, telling them what they needed to do. Ederer cautioned him that it was not his job to direct the investigation and warned him of the problems it would cause if he did so. ”

“ A victim or guardian or legal representative of a victim has standing to enforce the rights enumerated in this section but does not have standing to participate as a party in a criminal proceeding or to contest the disposition of any charge. ”

“ In any event, arrest policy cannot be divided from detention policy in this case. When a person is arrested, he or she is detained for at least some period of time, and under the detainer system involved here, “arrest” often simply means transferring an immigrant from state custody to federal custody. As best I can tell, the majority’s distinction between arrest and detention is made solely to avoid the obvious inference that our decision last Term in Biden v. Texas should have dismissed the case for lack of standing, without analyzing “the Government’s detention obligations.” ”

“ Hence it is that if it has ever been known by committee, Sheriff, State Ranger or other officer or individual who, if any of these men are guilty, that knowledge should come to you as the grand inquisitorial body that represents, not only the County of Cameron, but the State of Texas.
"I have no hesitation in saying that I share in the universal belief that among those under arrest are many of the murderers, but something more than mere belief and opinion are required to vindicate the law. Evidence must be had upon which to predicate an indictment, and warrant a trial. ”

“ There are a variety of reasons why many victims of crime are less likely to report a crime, including fear of negative interactions with law enforcement or the criminal justice system, which disproportionately impacts victims from communities of color. ”

“ A duelist can not hold office in Texas, but he can defeat a good law by turning assassin, and committing a crime that eclipses the one forbidden by the oath of office.
It may be that the criminal reports of Texas can show that a man has been hung there for killing a man, but it is doubtful. But many a man has been hung for stealing a horse by "Judge Lynch." The horse thief is generally [72] disposed of in this summary way without judge or jury ”

“ As I understand it, the laws of New Texas do not extend their ordinary protection to persons engaged in the practice of politics. An act of personal injury against a politician is considered criminal only to the extent that the politician injured has not, by his public acts, deserved the degree of severity with which he has been injured, and the Court of Political Justice is established for the purpose of determining whether or not there has been such an excess of severity in the treatment meted out by the accused to the injured or deceased politician. ”

“ The Law Governing Uses of Deadly Force by a Law Enforcement Officer The federal criminal statute that enforces Constitutional limits on uses of force by law enforcement officers is 18 U.S.C. § 242, which provides in relevant part, as follows:
Whoever, under color of any law,...willfully subjects any person...to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States [shall be guilty of a crime] . ”

“ It further stated that DHS “personnel should not rely on the fact of [a qualifying] conviction” when exercising “prosecutorial discretion.” Id., at 115. Thus, the Final Memorandum did not simply permit deviations from the statutory mandates; it flatly contradicted those mandates by stating that qualifying convictions were insufficient grounds for initiating arrest, detention, and removal.
C
Texas and Louisiana challenged this Final Memorandum in federal court under the Administrative Procedure Act (APA) . ”

“ I was called about an hour after the shooting of Oswald and put on standby notice, pending whether they could contact Judge Pierce McBride, justice of the peace, precinct 1, place 2 of Dallas County or Judge Davis, precinct 1, place 1. This man was in custody at the time he was shot, and under our rules of criminal procedure in the State of Texas, a prisoner dying while in custody—you are supposed to first try to contact the justice of the peace in whose precinct that particular death occurs. ”

“ Allowance must be made for the fact that law enforcement officials are often forced to make split-second judgments in circumstances that are tense, uncertain, and rapidly evolving. Id. at 396-97.
The use of deadly force is justified when the officer has "probable cause to believe that the suspect pose [s] a threat of serious physical harm, either to the officer or to others." Tennessee v. Garner, 471 U.S. 1, 11 (1985) ; see Nelson, 162 F.3d at 990 ”

“ The first act of the state of Texas on the incompetency of witnesses by reason of conviction of crime appears to have been the statute of February 15, 1858, c. 151, by which all persons convicted of felony in Texas or elsewhere were made incompetent to testify in criminal actions, notwithstanding a pardon, unless their competency to testify had been specifically restored. Gec. Laws 7th Leg. Tex. 242; Oldham & W. Dig. 640. That provision was afterwards put in the shape in which it stands in the Code of 1879, above cited. ”

“ At the time of her interview with federal agents and prosecutors, she was Wilson's fiancée and was Wilson's field training officer in 2011. Prosecutors considered her potential bias when interviewing Witness 134, but sought out and evaluated her account for several reasons. First, as noted below in the legal analysis, to make a determination as to whether a potential civil rights defendant has the requisite criminal intent, prosecutors must consider a subject officer's training as part of an evaluation of his overall understanding of when the use of deadly force is permissible. ”

“ OUTLAWRY OR TRANSPORTATION OUT OF STATE FOR OFFENSE. No citizen shall be outlawed; nor shall any person be transported out of the State for any offense committed within the same. This section does not prohibit an agreement with another state providing for the confinement of inmates of this State in the penal or correctional facilities of that state.
Section 21. CORRUPTION OF BLOOD; FORFEITURE OF ESTATE; SUICIDES. No conviction shall work corruption of blood, or forfeiture of estate; and the estates of those who destroy their own lives shall descend or vest as in the case of natural death. ”

“ When the Supreme Court, the Court of Criminal Appeals, the Court of Appeals, or any member of any of those courts shall be thus disqualified to hear and determine any case or cases in said court, the same shall be certified to the Governor of the State, who shall immediately commission the requisite number of persons learned in the law for the trial and determination of such cause or causes. When a judge of the District Court is disqualified by any of the causes above stated, the parties may, by consent, appoint a proper person to try said case ”

“ The evidence, when viewed as a whole, does not support the conclusion that Wilson’s uses of deadly force were “objectively unreasonable” under the Supreme Court’s definition. Accordingly, under the governing federal law and relevant standards set forth in the USAM, it is not appropriate to present this matter to a federal grand jury for indictment, and it should therefore be closed without prosecution. ”

“ RUTH OTTMAN RIDDLE
did knowingly use and carry a firearm during and in relation to the commission of a crime of violence which may be prosecuted in a court of the United States, to-wit: Conspiracy to Murder Officers and Employees of the United States, in violation of Title 18, United States Code, Sections 1117 and 1114, all in violation of Title 18, United States Code, Section 924 (c) (1) . ”

“ While the officer need not be "thinking in Constitutional terms" when deciding to use force, he must know what he is doing is wrong and decide to do it anyway. Screws at 106-07. Mistake, panic, misperception, or even poor judgment by a police officer does not provide a basis for prosecution under Section 242. ”

“ Each FBI field office has a primary SWAT unit, the size of which varies from office to office depending on geographical area covered, population density, and the potential for violent crime within the FBI's jurisdiction. Additionally, eight technically advanced district teams are configured to provide technical and operational support to field offices within their geographic districts. Because the small teams in most offices are not sufficient to handle major or protracted crises, the field is divided into eight districts and 16 regions. ”

“ Such laws may provide for a waiver of trial by jury, in cases where the person under inquiry has not been charged with the commission of a criminal offense, by the concurrence of the person under inquiry, or his next of kin, and an attorney ad litem appointed by a judge of either the County or Probate Court of the county where the trial is being held, and shall provide for a method of service of notice of such trial upon the person under inquiry and of his right to demand a trial by jury. ”