Thursday, May 29, 2008

Texas Appellate Lawyer Analyzes CPS/FLDS Case before Texas Supreme Court

There's dumb (me) vs smart (Don Cruse, Texas appellate lawyer). What do the requests for information PROBABLY mean?

"Having requested a response, the rules now give the Court more latitude to grant the requested mandamus relief for the State in full, rather than just a temporary stay.

So does that signal that the Court is leaning one way or the other? Perhaps not. Typically, the Court will request a response if even a single Justice votes to do so, and it is easy to imagine the Court wanting to see what the mothers have to say about the merits before deciding how to dispose of this case."

Whatever the court rules, they will not revisit the case. I do see support in Don's analysis for the idea that this case has become politicized at the Supreme court level though. We'll see.

Looking at it politically you have to figure that the court is wanting to hand off a hot potato. Monday will be June the 2nd. The next big dates on the calender are June 5th and 6th. In that time frame a lot of things happen. The hearings are supposed to be done with for the service plans. DNA evidence begins to come back. Rozita Swinton has her first court date. I don't know if they can get away with it but if I were trying to avoid the consequences of my decision, I'd do it at the end of the next week. Look for the decision then, or late Friday afternoon, May the 30th.

If the court rules in favor of the FLDS, you could see the decision anytime after noon today. If in favor of CPS, you'll see it in those time frames I mentioned above.

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