Monday, August 19, 2013


ABEL LIMAS SENTENCING
TO BE BLOGGED LIVE, AND
CHARITABLE SWEEPSTAKES -
LEGAL OR ILLEGAL?

Today the Honorable Andrew Hanen, federal district court judge, granted me leave to blog live the sentencing of Abel Limas on August 21, 2013.  I will should be set up by 8:30 a.m. with the hearing starting at 9:00 a.m.

On Tuesday I will blog live a hearing concerning Sweepstakes.  KB Foundation filed an intervention in another case related to gambling.  Their hearing is at 9 a.m..  Judge Janel Leal will dismiss their intervention.  I am clueless as to these attorneys.  Once the criminal case is filed all defenses must be done through the criminal  case.  The only way to stop a criminal raid or indictment is to get a TRO before the raid or indictment.  Pat Ahumda's attorney Rene Guerra made the same stupid mistake.  Apparently, Michael Benton, counsel for KB Foundation did not learn from Rene Guerra's mistake.  You stay in the court house until you get the TRO signed, and if no one will sign it then you  file an emergency mandamus with the court of appeals.  In Cameron county the lawyers have been practicing law by winging it  for so long, they have no clue as to the law.

I want to attend this hearing to actually be better educated about charities and gambling.  It was my intent to listen and then check the case law relied on by both sides.

But here is an interesting article on KB Foundation - they went into Kyle, Texas with the full support of the police department and city.  In fact they opened up in front of city hall.  The DA told the police they were wrong as to the law.  KB Foundation caved and closed down after their lease ran out.  Why?  It seems to me if the law was on their side they would have stayed and fought.

http://www.statesman.com/news/news/local/sweepstakes-gaming-rooms-operate-in-legal-gray-a-1/nRpWn/

I have no idea who is right and who is wrong.  I just think this issue is important enough to the community to justify me blogging live.  It took all day to find out how the KB Foundation was being heard.  I will not know until I get to court whether or not Judge Janet Leal will allow for live blogging.  Being it is now being done in  federal courts all over the US, I would be shocked if she said no.

While I realize the Sweepstakes issue may not draw a big audience, I hope you will join me for the live blogging of Abel Limas sentencing on Wednesday.

Here is an AG opinion on the issue.  AG opinions are not binding on the courts.  This opinion is not entirely on point.  The facts are different so I am unwilling to say the opinion matches up with this case.

But  for your consideration -

https://www.oag.state.tx.us/opinions/opinions/49cornyn/op/2002/htm/jc0482.htm

8 comments:

The Truther said...

A dirty live secret??? Cameron County Juvenile Probation is one of the benefactors of the KB Foundation....the underbelly of the story is even worse!

BobbyWC said...

send me what you know - if I can verify it I will print it

bobbywc58@yahoo.com

Anonymous said...

The question with any of these sweepstakes ultimately is whether consideration is exchanged for entry to play. That's why McDonalds' monopoly sweepstakes is legal even though it gives out large cash prizes. I have no idea whether this charity complied with the law, but I have no faith that the DAs office understands the nuances of the law either. Saenz has been all over the paper and on tv misstating basic elements of what constitutes a gambling offense (I.e. the $5 in cash prize element he's pulled from god knows where). If you can't trust the DA to know the basic elements of the law, how can we trust him with the power to takes people's property and liberty based on his understanding of the law?

Anonymous said...

Another interestin story on KB http://haysfreepress.com/2012/04/17/new-casino-room-hopes-to-hit-legal-jackpot-in-kyle/#axzz2cTTtg3nC

Anonymous said...

Still doing this?

BobbyWC said...

I just understood your question - I just woke up a few minutes ago - a tooth which had a root canal over a month ago woke me up in horrible pain - I took 1200 mg of ibuprofin to control the pain - the dentist will not see me until the 30th

Bobby WC

Anonymous said...

Feel better. If you are up to it post what happened in court, please.

BobbyWC said...

As to today I suspect Judge Leal just dismissed the intervention by KB Foundation - as to Limas - if they have to carry me in I will be there - I am taking the ibuprofin it helps

Right now I am working to get the indictment of this solis woman

Bobby WC