Saturday, May 24, 2008

The CPS Appeal is NOT an appeal.

I came across this analysis of the appeal in the San Angelo Standard-Times;

"The CPS request, not technically an appeal of the Third Court's ruling, says the three justices overstepped their bounds by ordering 51st District Judge Barbara Walther to vacate her mid-April order granting temporary custody of some 450 sect children. The request argued that returning the children at this point would be problematic because DNA testing has not determined which children belong to which parents."

So all of that mumbo jumbo about the danger to the children and the bad environment that seemed to us to be a mere repetition of their case, and weak, was for window dressing. It's not even an appeal, it's a statement that the court who made the ruling has no business making such a ruling.

Face it folks, that may very well be true. I am not a lawyer, much less a Texas lawyer involved in process matters before their courts. This, if handled on the merits, is going to be over quickly. Provided of course that the analysis provided here by staff of the Standard-Times is correct. The scheduling of the case before "SCOTEX" is right here.

The Austin American-Statesman has this information;

"The high court did not act on the emergency petition Friday but ordered records from the 3rd Court of Appeals, an indication justices could be planning to work on the matter over the Memorial Day weekend."

So the answer could come very quickly.

"If justices deny the request to delay family reunions, (Amy) Warr said, the 3rd Court ruling would be effective and Walther would be required to return the 130 children to their parents."

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Anonymous said...

So let me get this straight.

CPS caused this situation without any right to do so and with the help of a bad faith law enforcement warrant to boot...

... and because of this situation they caused without legal justiciation, and because they haven't completed DNA tests they hadn't any right to have begun...

... because of these facts, the children can't go home to their family and the parents and children must suffer further separation? Because CPS hasn't finished work it never had any right to do?

Just peachy. Interesting reasoning.

Hugh McBryde said...

That would be about it.