Sunday, March 24, 2019


THIS IS AN EVERYTHING POST FROM MY HEALTH, JERRY MCHALE'S LIES, AND A VERY INNOCENT MISTAKE BY JIM BARTON

MY HEALTH Well the initial procedure to drain about an ounce and a half of brain fluid was to test to see if the shunting would work.  But it was short term.  My vision is going fast. my typing requires a lot of proofing, my walking is difficult, I wobble when I walk, and my cognitive skills are failing.  Two weeks from today my nephew will drive me  to SA for a Monday morning check in at 5 a.m. at Methodist Stone Oak on Sonterra. I should be there two days.  My restrictions will include no computer use for a week or two, no driving, but as much walking as possible.  And on and on and on.  Trust me when I wake up and have my first visitor they will take a picture of the incision and post it to my FB page.  With a real Frankenstein scar on my head, I will be Frankenstein this year for Halloween.  I might as well make the best use of the scar. 

JERRY MCHALE'S LIES AND THE REASON WHY:

McHale posted the following lie.  "On a different note, Bobby Wightman-Cervantes' application to join STIJA was rejected. The vote was unanimous."

First I submitted no application.  Second there is no such thing as the STIJA, and there are no real polls.  Everything is in McHale's own head.  It is funny how McHale attacks Montoya  for failing to use minimum journalistic skills to defend Arambula, who McHale has attacked repeatedly and then names him the best blogger - he should have qualified it with untrue or half true stories bought and paid for like McHale's.

McHale is mad that politicos all over town are rejecting his post that Arambula was a victim in Montoya's false story concerning a letter allegedly written by Arambula attacking Nurith Galonsky.  I am consistently hearing no one believes Arambula and his failure to file a criminal complaint to protect the integrity of his office is all they need to know.  This story will continue on the BV and McHale will continue with his bought and paid for lies.

AN HONEST INNOCENT MISTAKE BY BARTON

I want to make clear there was no deception in his post or lies.  It is simple a failure to understand the process.  Trust me CNN totally messed up their handling of the Obamacare ruling because they were so anxious to say something they failed to make sure their reporter understood how the Supreme Court works.  My point is even CNN makes these same innocent mistakes.

WHAT JIM SAID

"Judge Robert Carroll Pate, who seemingly wrote his decision on the bus ride down from Corpus Christi, unhesitatingly denied the injunction on the basis of the intent of the petitioners. "

The latter part is 100% correct.  My issue is with the implication Judge Pate wrote the opinion in advance of the hearing.

In federal court, all judges have to write their own opinions.  In state court most judges allow the prevailing party to write the opinion.

A dispositive motion is one which can disposed of  on the Motions and Briefs without a hearing.  A federal judge rarely if ever holds a hearing on dispositive motions.  When George W. Bush was governor the Republican legislature passed a law which Bush vetoed which mandated the judges write their own opinions on dispositive motions.  This actually makes for better rulings.

An injunction is not a dispositive Motion.  But even in federal court a judge will have a temporary opinion ready or two based on the evidence.  It is done to give them better focus and to allow them to ignore the endless distractions the lawyers will present

All Judge Pate did was read the pleadings and research the law before the hearing.  This is what makes him a good judge, versus Judge David Sanchez who is challenged to find a law book.

In his research knowing he was sitting as a court of equity and the statute specifically said ballot access cannot be denied based on technical violations, he made sure he had that ready in a tentative opinion or notes.  

During the hearing at least twice maybe three times he asked the lawyers how many signatures were accepted by the city.  He specifically told the attorneys while pointing to a piece of paper he was noting how many signatures counted for ballot access.

My point is he was prepared in advance and that is what a good judge does.  I wish we had more of such judges in Cameron County.  He was late starting the hearing and I speculate it was because he was refining his possible rulings.

So once  Zayas finished putting on Jessica's case Judge Pate said he did not need to hear from Presas-Garcias defense because he was prepared to find Jessica failed to meet her burden and the Injunction was denied.

It was not clear from the pleadings if this was a TRO or Temporary Injunction hearing.  There is a big difference.  A judge can convert a Temporary Injunction hearing into a final hearing, while he cannot do same with a TRO.

Had Judge Pate found Presas Garcia had fewer than 100 valid signatures, then he would have gone on to the issue if 100 or 42 signature were needed.  A good judge does not get into issues which do not matter.  Once Jessica failed to meet her burden Judge Pate had no reason to get into the issue of 100 v 42 votes.

Again I want to stress there was nothing intentionally misleading by Barton.  I am certain most lay people, and even lawyers were taken aback by Judge Pate having a prepared ruling.  This is what good judges do.  Judge Pate was not there to hear all of  the distractions.  He knew based on reviewing the pleadings and learning the law, his only concern was to count the signature.  I can assure you most Cameron County judges would have turned it into an endless back and forth by the lawyers based on distractions.  Judge Pate kept it focused and did what the best judges do.  But I am certain among the many lawyers in the courtroom they were taken aback watching a very professional and studious judge in action.

2 comments:

Anonymous said...


"First I submitted no application. Second there is no such thing as the STIJA, and there are no real polls."

Really? Bobby don't take it so serious. We all know that there is no Santa Claus. However, Santa Claus is never going to go away. STIJA may not be real but it is a fantasy world for some people like Jerry.

BobbyWC said...

Okay what you are missing is, Jerry will continue to attack with his lies thereby making himself even more irrelevant . Jerry knows he carries zero evidence and is mad as hell over the number of sources I have. So he attacks.

The more he lies the less valuable he becomes. In time he will be running only free ads without the candidates consent. Not eveyone he is promoting has paid him. He is just settling a score by supporting that candidate.

He hates I printe the truth. I do not mind the attacks because it only anges people.

Bobby WC