Monday, November 19, 2012


GILL-MARTINEZ IS ENTITLED TO HER RECOUNT, IF THE LEGAL NULLITY DOCTRINE APPLIES

I learned a long time ago if you provide too much information,  especially when technical, you lose people.  In my original post I noted that the Recount Code makes the original count void if the numbers change.  In law this could be declared a legal nullity.  As bizarre as it may sound, under the law the government can accidentally put you to death, and then declare your death a legal nullity - meaning it never happened, if at a later date it is determine you were innocent.

The legal nullity doctrine is very controversial in the area of constitutional law.  The US Supreme Court, notwithstanding the plain holding in Marbury v. Madison, in subsequent decisions has found unconstitutional is not always void. 

The concept of void or legal nullity has been played with by the courts to the point it is almost impossible to know how it is applied.  Some cases are black and white, others are not.  It is called judicial activism.  Did you know that under the law the word "shall" means mandatory and not mandatory.  It is all about the result the court wants.

If the concept of legal nullity drives this issue, then the voiding of the original count makes the swearing in of Chirinos a legal nullity, meaning it never happened - except in the Twilight Zone.  because the law of legal nullity has so many components the issue is ripe for the court.  Also because the core issue is legal nullity, the case could be resolved by mandamus directly to the Texas Supreme Court, after the trial court rules.  In terms of time frame, the case could be resolved within 3 months or less.

Unfortunately, Cameron county has no attorney who can handle this issue - so like I said - time for Gill-Martinez to plan her swearing in ceremony along with Lucy Longoria preparing her party as the new BISD Board President.  I cannot wait to see Escobedo's face if that happens.  It will be worth the entire fiasco.

1 comment:

Anonymous said...

It's a shame Escobedo remained president, he is an arrogant SOB.