Sunday, August 31, 2014


 
SHIRLEY "LA WHO" BOWMAN
 
 
 
The "La" is clearly an attempt to garner the Hispanic vote, and it may cost her, her place on the ballot.
 
BISD records has her name as Shirley A. Bowman, and the last time she ran she ran as Shirley Ann Bowman.  That was 2 years ago.  The 2 years is important here to understand the Rule.
 
My sources are telling me she claimed the "La" is a nickname.  It is not so simple.  Section 52.031 provides as follows:
 
"c) A nickname of one unhyphenated word of not more than 10 letters by which the candidate has been commonly known for at least three years preceding the election may be used in combination with a candidate's name -  ...  A nickname may not be used unless the candidate executes and files with the application for a place on the ballot an affidavit indicating that the nickname complies with this subsection. -
 
Two years ago when she ran she made no reference to her nickname of "La"
 
So the law requires she be known by this nickname for three years preceding the election, and that she execute an affidavit verifying same.
 
Section 141.032 of the election code provides as follows:
 
"(d)  A determination under this section that an application
complies with the applicable requirements does not preclude a
subsequent determination that the application does not comply,
subject to Section 141.034.

 (e)  If an application does not comply with the applicable
requirements, the authority shall reject the application and
immediately deliver to the candidate written notice of the reason
for the rejection."
 
Key in this language is anytime the day before early voting [separate section referencing early voting § 141.0034] the application can be determined to not be in compliance.
 
Second, if the application is not in compliance BISD must reject the application.
 
So here is the key, if Shirley Ann Bowman did not execute an affidavit, BISD's only choice is to reject her application - this means taking her name off of the ballot.
 
But if she did execute an affidavit, it can be challenged to force her to produce evidence she has been known by this nickname for at least three years before the election.  If she cannot produce the evidence her name is to be removed from the ballot, and BISD should then file a criminal complaint alleging felony perjury.
 
This battle belongs to Joe Rod and Mary Rey. 
 
My sources are telling me that while teaching at Cummings her students referred to her as "La Bowman."  If this can be verified, it will come down to whether or not she signed a proper affidavit.  If she did not then her name must be removed from the ballot.

BUT THE FACT REMAINS - :Last time around 2 years ago she saw no reason to use the "la Bowman."  It is fair to say she is using it now to influence the Hispanic community to vote for her.

The other question is, if only her students referred to her as "La Bowman," given the fact she has not taught for two years then she may not be able to meet the three year requirement.

I am 100% confident if her name remains on the ballot, the community will not be dumb enough to play the game.  Her opponents will be able to use her deception as a character issue.
 
 
FORMER VALLEY TV JOURNALIST MAKES GOOD WITH CNN

An internet search shows Will Ripley is currently the CNN correspondent assigned to Tokyo.  After leaving the LRGV, he headed for Denver, where his work was recognized by CNN.

Will proves we have good journalists in the LRGV, but bad publishers and editors.  I know of two journalists at the Herald who are very good.  They know how to get the information and ask the right questions - the problem is the Herald will never allow their complete stories to be published.  I hope both will be able to move up and succeed.  It is sad we have them working for the community, but their editor and publisher will never allow them to do their job.

Click for Will Ripley in North Korea for CNN

NEW BALANCE SNEAKERS - KILLS BACK PAIN

While I much prefer to go barefoot or with flip flops.  Sometimes the pain is too great and I have to wear my New Balance sneakers. Within 5 minutes all of the pain is gone.

Joe Scarborough of MSNBC's "Morning Joe" one morning said after years of doctors not being able to help him with his back pain, a friend told him to get a good pair of sneakers.  As they say the rest is history.

That was over a year ago.  I then set off to study the issue as to which sneaker is best.  This is when I discovered New Balance.  I have been wearing them for over a year, and they work.  Five minutes with the sneakers on, and the pain subsides and then goes away.

I bought mine at JCP

Saturday, August 30, 2014

 
"HI, I'M OSCAR X. GARCIA WHO HIRED A PATHOLOGICAL LIAR, TO PROMOTE MY LIES AND UNETHICAL CONDUCT - VOTE FOR ME - APPOINTED JUDGE BY INDICTED GOV. RICK PERRY."


From Montoya, Garcia's hired pathological liar

""This (the Magallanes $30,000 loan) came a few months after a Cameron County jury awarded Magallanes nothing, zero. Limas then on his own awarded Magallanes $195,000 in damages and $50,000 in attorney's fees..."

 The case (2004-10-5058) was styled Bob Torres Properties vs. Southern Stone Properties, according to Salazar, who commented on Magallanes; opponent Oscar X. Garcia's FB page that "this was not a loan. This was a payback for ignoring a jury's verdict."

First and foremost the practice of loaning money or doing business with judges is standard in Texas among both Republicans and Democrats.  It is an unfortunate practice which should be stopped - but since the lawyers dominate the state legislature and they are the ones doing business with the judges, they have no interest in changing the law.

THE FIRST LIE

"Limas then on his own awarded "  100% False - I have copied the docket sheet, and it shows a Motion Not Withstanding the Verdict was filed on June 14, 2006.  LIMAS DID NOT ACT ON HIS OWN AS THE LIAR OSCAR X. GARCIA CLAIMS


"
06/14/2006  Document Filed
BRIEF IN SUPPORT OF PLF'S MOTION FOR JUDGMENT NOTWITHSTANDING

HEY OSCAR - WHAT PART OF ETHICS DO YOU NOT GET?  NONE OF IT RIGHT

HOWEVER - Oscar X. Garcia and Montoya fail to tell you, the Court of Appeals and the law - not that the law matters to Oscar X. Garcia, says Judge Limas was correct in issuing the Judgment Notwithstanding the Verdict. 

The Law as to the Statute of Frauds is so basic, one must wonder if Judge Oscar X. Garcia is just incompetent or devoid of even the semblance of integrity and honor.



Click for Opinion

Click for Denial of Appeal by Texas Supreme Court

In reading the docket notes from the Texas Supreme Court you will see Baltazar Salazar did not even know enough to send the entire Court of Appeals Opinion to the Court, and in  fact had to be called multiple times to get him to comply with the Court Order.

Maybe what we really have here is an unethical Baltazar Salazar misrepresenting the law to his client so he could fraudulently bill him.  In the process it seems to me we also have Baltazar Salazar misrepresenting the law to the court.  Is this not exactly what Montoya accused Salazar of [AFTER Lucy's Longoria's check cleared] in the Expungement case?

Within the first week of law school you learn about the Statute of Frauds. Judge Oscar x. Garcia, through his conduct is telling you he will not respect the decisions of the appellate courts or enforce the Statute of Frauds. We call this radical judicial activism. Is this who you want as a judge?

MONTOYA REACHES POINT OF BEING BEYOND PATHETIC - THE CASE OF THE CONFLICTING CHECKS

Montoya is so driven to lie and deceive based on the size of the check, without any regard as to the impact on the community or our children, with one check from Lucy Longoria he argues Baltazar Salazar is an unethical lawyer, being sued by Lucy by the way, but based on another check from Oscar X. Garcia a brilliant lawyer who is a victim of Juan Magallanes and Abel Limas.

JUDGE OSCAR X. GARCIA'S CONTEMPT FOR THE CANONS OF JUDICIAL CONDUCT

Canon 5

(1)     A judge or judicial candidate shall not:
(i)     make pledges or promises of conduct in office regarding pending or impending cases, specific classes of cases, specific classes of litigants, or specific propositions of law that would suggest to a reasonable person that the judge is predisposed to a probable decision in cases within the scope of the pledge;
 (ii)     knowingly or recklessly misrepresent the identity, qualifications, present position, or other fact concerning the candidate or an opponent; or
(iii)     make a statement that would violate Canon 3B(10).
(2)     A judge or judicial candidate shall not authorize the public use of his or her name endorsing another candidate for any public office, except that either may indicate support for a political party. A judge or judicial candidate may attend political events and express his or her views on political matters in accord with this Canon and Canon 3B(10).

Click  for Canons

What Canon 5 clearly shows is, it is a violation of the Rules of Professional Conduct for a Judge to "(ii)     knowingly or recklessly misrepresent the identity, qualifications, present position, or other fact concerning the candidate or an opponent; or"

Oscar X. Garcia knows the Statute of Frauds - he knows the Court of Appeals on an issue of basic law affirmed Judge Limas decision, and the Texas Supreme Court refused to reverse the Court of Appeals,  but he nonetheless knowing and recklessly misrepresents his opponent's ethics in regards to the case.

This one along with his misrepresentation about Judges attending political events is being added to the Ethics Complaint I have already been working on.

OSCAR X. GARCIA CLEARLY THE MOST UNETHICAL JUDGE TO EVER RUN FOR OFFICE

I have seen a lot of Judicial Campaigns in my life - but this one takes the cake.  Oscar X. Garcia has shown an extraordinary contempt for the Rules of Ethics and Law.  I cannot believe a judge so openly would show this level of contempt for the Rules of Ethics and Law - normally it is done behind closed doors.

WE CAN SAY THIS ABOUT OSCAR X. GARCIA - HE IS TRANSPARENTLY UNETHICAL

Thursday, August 28, 2014













 
CITY OF BROWNSVILLE JOINS FORCES WITH BISD TO CREATE NEW TRUANCY COURT

I have held this story for months until I felt confident the deal was done.  I know this town, the vulture politicians who were not party to this will be mad and seek to destroy it.

Just because the City and the BISD all too often get everything wrong, does not mean they cannot get some things right.  As to yesterday's post on BISD, while the person I spoke with to solve the problem was 100% on board those ordered to fix the problem were anything but caring about the problem.  It would not surprise me if on Friday the entire thing explodes.  There are people at Pace who are going to fight tooth and nail to keep the right thing from happening.  If anyone at Pace so much as says Boo the father has directed me to take the matter directly to the TEA.

The city of Brownsville and BISD have agreed to move all truancy cases to municipal court.  Truancy has become a mine field for school districts - especially when dealing with special needs children.  There are significant constitutional issues which require the judge to be a lawyer.  Given the current national trend in this area of law, there is no doubt in my mind BISD being sued over its truancy policies is simply a formality.

The City of Brownsville and the BISD have chosen to be proactive and instead of waiting for the courts to intervene have chosen to move all truancy and minor juvenile crimes to municipal court.  It is my understanding the deal has been cut and we are just waiting for the final agreement between the City of Brownsville and the BISD to be approved.  But the deal is done.  Sources within the city have told me the municipal courts are ready to receive the cases.  It is just a matter of the BISD making the transition, and some funding, which is very minor.

The BV has done several stories on the issue of truancy and BISD special needs children.  The BV has specifically referenced the lawsuits challenging the constitutionality of the current process.  It is not enough to have a special court.  The city will fail at this endeavor if it fails to insure its judges are current on all of the constitutional issues.

The first complaint is already proceeding in Texas.

"On behalf of seven Dallas-area students, Texas Appleseed, Disability Rights Texas and the National Center for Youth Law will ask the Justice Department to declare that the court’s process of prosecuting truancy as a crime is unconstitutional. In the complaint, the groups argue that prosecuting the youths in adult court where they don't have lawyers is “cruel and unusual punishment.” They also allege that the four school districts — Dallas, Mesquite, Garland and Richardson — that use the specialty court have “inconsistent and inflexible” attendance policies that violate the civil rights of students with disabilities, those who are pregnant and those whose first language is not English."

Click for Article

"Rhode Island wants its kids to stay in school. Or else. The American Civil Liberties Union filed a lawsuit on Monday charging that the state’s anti-truancy policy not only ignores children’s legitimate reasons for not attending school, but subjects them and their families to intimidation, humiliation, and severe legal penalties"

Click for Article

See ACLU Press Release

Sources within BISD and the City requested that I hold this story until the ink is dry on the agreement out of fear certain political forces will try and stop this great leap forward for our children.

I chose to move forward because [1] it is my understanding the city is 100% on board, and so to is BISD.  But, word has seeped out and I am becoming concerned with efforts to stop this move forward for our children.  There are politicos who will stop at nothing to protect their interests - even if it means to the detriment of the children.  They will be called out by name, if their efforts continue.

I hope by going public with this great agreement between the city and the BISD the people will see it as a great accomplishment for our children and block the efforts to stop this agreement.

We finally have something good for the children and in particular special needs children and we need to protect it.















 
CARL MONTOYA REFUSING TO TAKE ACTION AGAINST PACE PRINCIPAL ROSE LONGORIA OVER ADMISSION OF  SPECIAL NEEDS CHILD

In the past I have been protective of Rose Longoria because I knew some of the claims concerning test cheating were false in that I was with her when people were claiming she was changing test answers.  But now I am done.

Rose Longoria is so incompetent she does not know better than to send a parent who has already lost all confidence in her on not one but two wild goose chases. She appears to be claiming now no one on her staff can pick up the phone and ask Hanna to send over a student's file.  Hanna of course claims they will not release the file until requested by Pace.  Carl Montoya of course does nothing because forcing protected principals to do their job is beyond his skill set as the puppet of the current majority which keeps him in place so long as he plays along.

As to Luci Longoria complaining about this - no one is buying - she is one of the four who put Montoya as the superintendent without any search for a competent superintendent.  But then at the time Carl Montoya agreed to allow Luci, Escobedo, Cata, and Saavedra to run the school district while he was their puppet.

The complete story after I finish my initial story on the judges.

CONTINUED

Well this post got action.  I am not going to discuss the nature of the call.  Actually, mostly because it was very professional and I do not want anyone attacking this person for working with me.  All Carl Montoya needs to know is, I was very, very impressed and happy.

We were both on the same page as to the mistakes and we both agreed on the best solution.  It was a very easy conversation.

So because of the extraordinary professionalism shown by this person - this story is now done.  The solution is in action.
 



 
 
 
 
 
 
 
 
 
THE BOGUS DUO AND THE FAUX DEMOCRATS OF CAMERON COUNTY
 
The only thing more pathetic than Oscar X. Garcia paying Montoya to falsely accuse all of his fellow judges of unethical conduct is, these judges attending a fundraiser for a Democrat, when in reality none of them are Democrats. The entire lot are a bunch of liars who use the false label of Democrat to gain power and prestige.
 
Oscar X. Garcia has reached the point of being the lone child on the playground calling out to his mother, "How come no one likes me mommy?"  "Well my little weasel of a son, you just accused all of your peers of wrongdoing, what do you expect?"
 
Oscar X. Garcia, under the guidance of integrity and honor had this election won, but he panicked and chose instead to go with dishonor.
 
I have to take care of something - I hope to be back by 9:30 a.m.
 
The conspiracy by the faux Democrats to destroy workers rights in Cameron county, and the fortune in your tax dollars with Carlos Cascos heading the battle to destroy civil service.  You union people through your bogus endorsements are getting what you deserve - nothing.
 
JUDGE OSCAR X. GARCIA - "I LIE BECAUSE I HAVE NOTHING ELSE TO SAY"
 
Oscar X. Garcia claims to fight corruption - proof none - there is no evidence he ever filed any complaints against anyone as a lawyer while all of the corruption was happening - he just sat quiet and did nothing.
 
If he believes the Democratic judges of Cameron county are violating the Rules of Ethics instead of paying a pathological liar to spin the facts, what he should do is actually fight the alleged unethical conduct by filing a formal complaint.  He will not because he is a con artist.
 
To get to the issue of a Judge impermissibly allowing their name to be used for a fundraiser, Montoya uses old ethics opinions before the case of now Texas Supreme Court Justice Nathen Hecht.  The appellate court having found the rules unconstitutional as violating Free Speech, caused the Rules and interpretation of the Rules to be changed.  This should tell you about Judge Oscar X. Garcia's skills in legal research.
 
BUT THERE IS A POST NATHEN HECHT OPINION MONTOYA AND JUDGE GARCIA DO NOT WANT YOU TO READ- THE CASE OF BEN NEECE
 
Ah, the case of Judge Ben Neece who allowed his name to be used in a fundraiser to benefit Montoya.  If there is a strong opinion which lends support to Judge Oscar X. Garcia's it is the opinion involving Ben Neece.
 
 
There is no question in my mind at a minimum the judges are on the line.  They will argue under the Nathen Hecht opinion they cannot control if others seek to honor them.  Judges are honored at events all of the time.  But I think we all know it is really just a back door way to raise money.
 
The burden is on Oscar X. Garcia to show the judges being honored have taken no action to stop what is happening.  If he can show this he may have something.  But maybe because he cannot show this is why he has not filed a complaint.
 
I have no issue with a complaint - I think there is a good question.  But when a judge such as an attorney uses the blogs to argue a case instead of following proper procedure by filing a complaint, we have an ethics issue which merits investigation.  Personally I think Garcia should file on the judges, and the judges should file on Garcia for using a paid for ad on a blog instead of using the proper procedure of filing a complaint.
 
THE FAUX DEMOCRATS AND CARLOS CASCOS SEEK TO UNDO CIVIL SERVICE PROTECTION

It started with the court bailiffs, and is now heading for a frontal attack on the staff in the JP courts, so that Mary Esther Garcia, and Johnathan Gracia can give their compadres the jobs currently held by employees under the civil service system. The sad part is the so called pro labor Democratic Party in Cameron county is the one leading the battle to take away workers rights.

Years back the Democratic Judges of Cameron county decided that the bailiffs are not entitled to Civil Service protection.  Here is the deal.  The corrupt judges of Cameron county need to know they have bailiffs they can trust to do their dirty work.  Do you believe Abel Limas's bailiff never once saw anything he found suspect? Hardly.

By denying the court bailiffs Civil Service protection the judges can fire the bailiffs without cause if they refuse to do the judge's dirty work.  The bailiffs are there to preserve the peace and enforce the laws, not to be the judges  boy toys and carry out their illegal orders by banning reporters from the courtroom.  The bailiffs know they are being told to ignore the law, but they have no choice.  If a bailiff refuses to do as he/she is told - they can be fired without cause.  So the bailiffs ignore the law as a necessary evil to keeping their jobs.

CASCOS SUPPORTS THE ENDLESS USE OF TAXPAYERS MONEY TO CONTINUE THE DEFENSE OF THE INDEFENSIBLE

The case of Victor Tamayo has already been to the court of appeals wherein Cameron County took a hit with the court of appeals reinstating the lawsuit after the initial trial judge dismissed the lawsuit, for want of jurisdiction.  The county responded to the reversal by having attorneys Rick Navarro and Bruce Hodge file another Plea to the Jurisdiction.

This endless battle and billing war at the expense of the taxpayers against the workers has been ongoing since 2011.  The latest Plea to the Jurisdiction remains pending.

Cascos and the Democrats on the county commission will continue to spend your money to fund a battle by so called Democratic judges against the working man.   Why is it these judges are allowed to claim to be Democrats when they act like anti-labor Republicans? . Answer - they know we have no press to report on the truth, and the people love playing the role of saps.   Hardly the type judges I would honor, but then the Texas Democratic Party is run by Gilberto Hinojosa

Click for Story

ONE LAWSUIT IS NOT ENOUGH

Apparently upon Mary Esther Garcia learning that some of her future staff have already been assigned from other courts, aligned with Jonathan Garcia to get commissioners court to do away with civil service protection for JP employees.  Mary Esther Garcia and Jonathan Gracia want to reward their compadres with the jobs.

If Commissioners Court does as Sofie Benavides is asking, it will have yet another lawsuit on its hands.   When will the use of taxpayer money end to fund endless legal battles for the benefit of corrupt elected officials - nearly all Democrats - never.  We have no press and the people love playing the role of sap.

While I have not done a complete review of the law, and not that the law matters anyway, it seems to me taking away the civil service protection is not an option considering Chapter 158 of the Local Government Code.

 
RAIN IS COMING AND ANOTHER POSSIBLE STORM ON ITS WAY

Wednesday, August 27, 2014

 
MR. CLEAN RON PAUL'S CAMPAIGN WORKER PLEADS GUILTY TO ILLEGALLY ACCEPTING $73,000 IN LAUNDERED CAMPAIGN MONEY

"Now Sorenson has pleaded guilty in federal court. Yes, he says, he switched sides. He got $73,000 from the Paul campaign to do so — mostly at $8,000 per month. Yes, the money was laundered through two companies to hide it from public disclosure; that's the first of two counts Sorenson pleaded to.'

Click for Story

So the question is, was Ron Paul in the dark about what his staff was doing with the money, or did he turn a blind eye?  Or, as the racists would have you believe is his name really Don Pablo, an illegal immigrant -  because we all know Anglo Republicans are not capable corruption.

I grow so bored with the morons in Brownsville who think corruption is unique to Brownsville because of our proximity to Mexico. 

A LAW LESSSON FOR THE JUDGES AND LAWYERS OF CAMERON COUNTY

Rick Perry's lawyer has filed a Motion to Dismiss, Via a Pretrial Petition for Writ of Habeas Corpus. At 60 pages I think is its overdone - but at $450 an hour 60 pages is a good payday.

The most interesting thing in it is if he wins, it would mean count 8 of the Indictment of Ernie Hernandez would have been unconstitutional.

My recommendation to local attorneys is to download this brief to learn something about pretrial methods for having your client's criminal charges dismissed, and how you invoke the constitution to win a case.


Click for Rick Perry's Pretrial  Habeas Corpus

Sorry I do not have more for my readers - but I have a lot on my plate today.

Tuesday, August 26, 2014

 
TAD HASSE SUPPORTER SHOWS HE IS A MORON
 
This guy has probably been festering all day waiting for me to approve his comment.  I saw it this morning while waiting on a veteran at Valley Regional - from there we went to the VA Clinic wherein he had a post cancer surgery follow-up.  We then did a very late lunch at Long Horns and then I had to take Bela for a belt.  That was fun.  At the Walmart I had the windows down - AC will be fixed tomorrow - and Bela is yelling out the window - "move everybody Bobby needs to park"  Her aunt and I were laughing so hard.
 
Anyway, here is the moron's post.  It is also posted below with the story on the Hasse/Morris hearing. When I saw it I decided to hold it until I could give it the recognition it deserves.
 
"Anonymous said..
.
You are so full of it Bobby, you are blind too then idiot! You never said anything of the letters not being signed you bozo! You are beyond idiotic and so is Murray for that matter.....now an email needs to be signed?! The delivery of ones email which needs pass code to use is not evidence of ones intent to deliver??? Stupid, plain stupid! Congress should just halt the search for the missing IRS emails......they were not signed!"

What is clear is, this anony never actually read my post for its meaning.  He was too angry over Hasse losing to even read and comprehend what I wrote.

I defy anyone to copy and paste wherein I said I  discussed the signature issue - it never happened.  What I said was, the issue would be whether or not Morris resigned.  That is the signature issue.

But this guy is so far gone with his anger he cannot even see I threw Hasse a bone.

I said he had the better attorney.  I said his attorney was pretty quick on his feet by raising the issue that lawyers  file  pleadings every day electronically without signing same.  I said if anyone deserved sanctions it was Hasse because Morris' Motion for Sanctions was totally without merit given the facts of the case.

I then went out of my way to provide his attorney the Texas Statute on the Uniform Electronic Transaction Act.

This is important because it addresses Judge Murray's concern.  Under Texas law, something can be considered signed, even though it was sent electronically if it meets the terms of the statute.

I am handing this to Hasse on a silver platter and this guy is too angry to see it.

I saw Cesar de Leon in action.  He is a steady as they go attorney.  I am certain he can fashion a Motion for Rehearing arguing the statute.  I do not write for the emotional morons - I write for the educated.

This moron seems to think anything sent electronically with someone's name on it means they sent it.  Wrong - very, very wrong.  I have access to several people's emails and send out information under their names all of the time.  I do it with their permission - but it is not written or sent by them.

This is why we have a law which provides for a standard for the court to consider when deciding if an electronic communication meets the requirements to be considered signed.

Even in criminal law the jury cannot just assume an email from John Doe threatening to kill someone is from John Doe.  There is an evidentiary process.  What this moron wants is the constitutional process concerning evidence be trashed because he says so.

Now, I was not at the original hearing.  I have no way of knowing how the evidence was admitted.  Because Hasse was there pro se it would not be unreasonable for Judge Murray to give his attorney a second bite at the apple.

It may not be necessary.  Hasse's attorney has a copy of the transcript.  If Morris admitted to the authenticity of the emails, then they are authenticated.  The next step would be for Cesar de Leon to file a Motion for Rehearing based on a question of law.  If the emails have already been authenticated it is then for Hasse's attorney to argue under the  Uniform Electronic Transaction Act, they are deemed signed.

Now I am not saying for sure the Act provides for same - but if there is a place which will provide him the argument it is in the  Uniform Electronic Transaction Act.

You see what the moron wants is for the constitution be abandoned as to the Rules of Evidence, and for me to outright create a map to Hasse's victory.  It is not enough I gave him the Statute which would allow Hasse to win.

Ah, but then Murray may go back to the jurisdiction issue.