Category Archives: Uncategorized

Running Again. Place 3 in 2014.

I’m running for Texas Court of Criminal Appeals Place 3 Judge. I’ll have a Republican and a Democratic opponent. Here’s what Grits for Breakfast had to say back in September about likely Republican candidates: Lined up to challenge or replace Judge Price in Place 3 is San Angelo District Judge Barbara Walther, whose biggest claim […]

These Are Not My Voters

One third of Americans would accept a “TSA cavity search” in order to fly. (Jonathan Turley, via TSA News.) I’m not going to pretend that the Court of Criminal Appeals has much of a say about the Transportation Safety Administration, but anyone who thinks that the minimal and speculative danger of a terrorist attack is […]

Can’t Secede? Declare Judicial Independence. [updated]

More than 42,000 people have signed a petition asking the White House to “Peacefully grant the State of Texas [the right] to withdraw from the United States of America and create its own NEW government.” You don’t like what Washington is doing? You think we’re on the path to despotism? I agree. But the issue […]

The Texas Declaration of Rights, 1836

In 1836 Texas declared independence from Mexico and adopted a constitution. The Texas Constitution of 1836 included a “Declaration of Rights”: DECLARATION OF RIGHTS This declaration of rights is declared to be a part of this constitution, and shall never be violated on any pretence whatever. And in order to guard against the transgression of […]


One million, three hundred twenty-six thousand, five hundred twenty-six: that’s how many votes I got in the race for Place Seven of the Texas Court of Criminal Appeals. ┬áThat’s more votes than any other Libertarian candidate in Texas got. It is more votes than Libertarian presidential candidate Gary Johnson got nationwide. I would not be […]

The Importance of the Court of Criminal Appeals

“The Court of Criminal Appeals is more important to that element of the community that is going to be looking at jail time. But for the rest of us, it’s the Texas Supreme Court, because they handle civil matters,” [SMU political scientist Cal] Jillson [, who is frequently called upon by reporters for his astute […]

Stare Decisis and the Texas Court of Criminal Appeals: A One-Way Ratchet

To guard against transgressions of the high powers herein delegated, we declare that everything in this “Bill of Rights” is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void. Texas Constitution of 1876, Art. 1, Sec. 29. In […]

The Conservative Choice

A high-school classmate of my wife’s, when told about my candidacy, said, “Why would I vote for a liberal?” She knows little about my politics, but this is a person who fancies herself a conservative (obviously) and anyone who disagrees with her a liberal. But what does her conservatism mean? She has a “Legalize the […]

Reform the Texas Commission on Judicial Conduct

Who watches the watchmen? Who judges the judges With all of their humors and tantrums and grudges? When you don’t have a lawyer so they take back your bail, Who’s there to correct them? Who puts them in jail? Who reins them back in when they trample your rights? When they scurry in shadow, who […]

A New Constitutional Convention?

I confess: I can’t think like a law professor. I can’t sustain interest in abstraction for long without bringing it down to the concrete, to where the abstraction affects or is affected by human beings, with their whims, desires, fears, and general messiness. So when I read Sanford Levinson’s post suggesting that a new Constitution […]