2 Ocak 2013 Çarşamba

Trista Sutter's silhouette by Dr. Franklin and Cindi Rose by E.D. Woods

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Trista Sutter’s sculpting by Dr. Franklin and Cindi Rose

Lucky for the Bachelorette’s and Bachelor’s that Erica Rose’s father is famous plastic surgeon Dr. Franklin Rose, and her mom is noted silhouette artist, Cindi Rose. It makes the contestants and winners look and stay beautiful. Recently, the first reality Bachelorette, Trista Sutter, met up with Bachelor legal star, Erica Rose, and discussed her wanting an updated look. Although Erica thought Trista looked beautiful, she referred her to her father (who would never operate on his family). Trista had been admiring Emily Maynard’s plastic surgery, and did not want to be Bachelorette history. For her first meeting, in Franklin Rose’s hometown, Aspen, Colorado, Trista drove in from Vail. The petite beauty was met by Franklin and Cindi Rose.

As always, Cindi took out her surgical scissors and in a minute sculpted the world’s darling’s profile. Trista loved it, and signed it with her good-valued signature. Trista commented that her children would love Cindi Rose’s artwork. Her real concerns however was, a drop of fat, droopy eyes, and breasts that were not what they were pre-children.

Franklin Rose, a board-certified MD, who studied at Yale, Manhattan Eye and Ear, and Baylor College of Medicine, booked the soon to be 40 year-old at his doctor owned surgical center, First Street in Houston, Texas.

Trista got small breast implants, and the tired look erased from her lovely blue eyes with upper and lower eye lifts. In her pre and post-op photos it appears that she may have had liposuction. Word is that there is a room in The Rose Home devoted to patient care, and that after a luxurious stay at First Street Hospital (with culinary meals and wait staff), patients recover with Cindi Rose’s low-fat, organic nutritious meals and care. No wonder, the most beautiful men and women in the country get on Bachelor and Bachelor Pad, they have a connection—Erica Rose’s father. Unlike what people would think, Erica’s perfect size 4, 5’ 8” figure is natural. Her mother and grandmother where former beauty contest winners, and it is a natural for Erica. Read Life & Style Weekly to see Trista’s before and after plastic surgery photos and decide yourself, if she did or did not also have liposuction. I think somewhere there is also word that there could be a book coming out about parenting, and being in love, penned by no-other than America’s darling, Trista Sutter!


YOU ARE INVITED to Karen and Roland Garcia's Annual Halloween Bash and Light Show - Sat. Oct. 27th, 2012

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YOU ARE INVITED to Karen and Roland Garcia's Annual Halloween Bash and Light Show - Sat. Oct. 27th, 2012
Can you believe it’s Halloween again!  Ready for some scary fun?!
You and your guest are invited to Karen and Roland Garcia’s Annual Halloween Bash and Light Show on Saturday, October 27th from 7:00 p.m. to midnight at their home, 46 East Rivercrest, Houston, TX 77042.   Costumes are preferred.  The light show will start at 8:30 p.m., with different shows every hour.   You will not want to miss it!  There will be tricks, treats, food, drinks, a photo booth, silhouettes, astrology readings, complimentary valet for parking, and more.    Contributions in any amount are encouraged at the door, but are not required, to the Holly Rose Ribbon Foundation, a nonprofit organization which provides help for uninsured and underinsured cancer patients of all ages and genders including psychological support, alternative wellness treatments, free reconstructive surgery and free wigs in the US and globally. 

Please RSVP your attendance and the name of your guest to Patty Finch at finchp@gtlaw.com or call Patty at 713-374-3544.  We look forward to seeing you on October 27th!
Hope you can come!!

Roland Garcia
Shareholder

Greenberg Traurig, LLP | 1000 Louisiana Street | Suite 1700 | Houston, TX 77002
Tel 713.374.3510 | Fax 713.754.7510 | Cell 713.598.6284
GarciaR@gtlaw.com | www.gtlaw.com


1 Ocak 2013 Salı

'School shootings, no matter how horrific, do not justify creating an Orwellian surveillance state in America'

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Ron Paul, of all people, expressed views similar to my own "pox on both their houses" perspective on the recent policy debates in the aftermath of the Connecticut elementary school shootings: “Predictably," he declared, as reported by Politico, "the political left responded to the tragedy with emotional calls for increased gun control,” suggesting that, “This is understandable, but misguided. The impulse to have government ‘do something’ to protect us in the wake of national tragedies is reflexive and often well intentioned. … But this impulse ignores the self evident truth that criminals don’t obey laws.” Thank you!

OTOH, Paul blasted the NRA's proposal to place armed police in every school:
He said the federal government should not try to “pursue unobtainable safety” with state-sanctioned security and claimed Democratic and Republican lawmakers have “zero moral authority to legislate against violence.”
“This is the world of government provided ‘security,’ a world far too many Americans now seem to accept or even endorse,” Paul said in a statement on his website. “School shootings, no matter how horrific, do not justify creating an Orwellian surveillance state in America.”

He continued: “Only a totalitarian society would even claim absolute safety as a worthy ideal, because it would require total state control over its citizens’ lives. We shouldn’t settle for substituting one type of violence for another.”
The proliferation of legal guns in America over the last several decades makes their prohibition as fanciful as the prohibition of alcohol or pot. Yes, "we could try." But you'd fail, just as the drug war has failed, just as alcohol prohibition failed. This isn't Europe or Japan, where the populace was disarmed by totalitarian states, or else under martial law after a war, so that strict gun control could be imposed from scratch. In the US, and certainly Texas, it would be many decades before the black market exhausted its supply. The only upside would be for the private prison companies, who are always looking for new categories of citizens to criminalize and incarcerate.

By the same token, in an era when the Obama Administration considers civilian casualties acceptable collateral consequences of extra-judicial executions (read: drone strikes), I couldn't agree more that “Democratic and Republican lawmakers have 'zero moral authority to legislate against violence.'” And his comment about the NRA proposal "substituting one kind of violence for another" could have come straight from Gandhi or Dr. King. Paul's statement expanded on the theme: "Real change can happen only when we commit ourselves to rebuilding civil society in America, meaning a society based on family, religion, civic and social institutions, and peaceful cooperation through markets. We cannot reverse decades of moral and intellectual decline by snapping our fingers and passing laws." Amen, brother. Preach!

I always worry when government makes policy in reaction to some specific, rare event like the mass shooting of first graders. There's an old saying, when you hear hoofbeats, think horses, not zebras. The massacre in Connecticut was a zebra, one cannot reasonably ban everything with hooves in response.

Personally, I find US and Texas gun laws both over- and under-restrictive, in an almost schizophrenic kind of way. For example, it's no doubt too easy for folks diagnosed with a serious mental illness to acquire firearms, and the legal framework governing mental illness is conflicted and generally underdeveloped. We could do much better at getting those in need access to mental health services and supervising, whether in corrections facilities, hospitals, or in the community, people who pose a serious risk of violence when off their meds. Intermediate levels of supervision - perhaps including greater use of preemptive civil commitments - could support compliance with treatment protocols on the front end instead of punishing the mentally ill after something bad has happened. But all that would require a community mental health infrastructure that today doesn't exist. In most places, the county jail is now the area's largest mental health provider. OTOH, if you want to talk about "gun control" aimed narrowly at those with serious mental illness, you'd probably get a lot less pushback than for any kind of general ban.

At the same time, the universal ban on felons possessing firearms ends up sending a lot of folks to prison who've committed no other recent offense, and only a subset of those people (Texas releases more than 70,000 felons from prison every year) are so dangerous they merit a lifetime ban on firearm ownership, as federal law prescribes. Meanwhile there are some misdemeanors, including family violence, that probably merit elimination of gun rights but don't. (In Texas, a domestic violence conviction means you can't own a gun for five years.) Misdemeanors vs. felonies is an arbitrary line.

Certainly I believe the law can be changed in ways that would reduce the number of gun deaths. As our e-pal Dan Kahan recently opined, the most immediate and effective method of reducing the gun death total - though it has nothing to do with lone-gunman school shootings - would be to legalize, tax and regulate marijuana and cocaine. A large proportion of gun deaths - not the least of which are the 60,000 or so in northern Mexico over the last six years - relate to the black-market drug trade. You don't see the makers of Samuel Adams lager engaged in gun battles with Anheuser Busch.

However, there's no public safety benefit from criminalizing common activities and uses by everyday gun owners, especially because there are too many of them. (Long-time readers may recall Grits worked with the Texas State Rifle Association and even authored a public policy report in support of legislation to allow legal gun owners to carry a weapon, stowed securely, in their personal vehicles.) But neither are more guns inherently a good solution. Giving teachers guns to keep in classrooms full of mischievous kids, for example, as has been suggested in Arlington, is a recipe for disaster.

The all-or-nothing debate over guns has turned into another hackneyed, culture-war flashpoint, obscuring more moderate, selective policies aimed at mitigating specific, underlying causes of gun violence. Ron Paul, I fear, is the wrong messenger; the public is so used to ignoring him it's got to be second nature by now. And Grits thinks government should probably play a bigger role in this matter than the Congressman would countenance, along the lines described above. But I'm glad to hear somebody say in the wake of the Sandy Hook tragedy that more, harsher criminal laws aren't the only or even the best solution.

Rare pro-Fourth Amendment ruling from Texas Court of Criminal Appeals

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The SA Express News reported recently on a rare, pro-Fourth Amendment decision from the Texas Court of Criminal Appeals ("Ruling on Kerr drug case holds Fourth Amendment implications," Dec. 18). The story opened:
Christina Miller invited deputies into her home May 8, 2008, to investigate a report of domestic violence and — after they refused her subsequent requests to leave — was arrested when the officers found drugs there.

The trial court and 4th Court of Appeals rejected her argument that the evidence against her was the fruit of an illegal search, but the Court of Criminal Appeals has reversed those rulings.

The court held that Kerr County deputies — who remained in the home as they conducted a warrant check on Miller — had no authority to stay after concluding the violence report was unfounded. Last month, it granted her motion to suppress the evidence and sent the case back to district court.
Reporter Zeke MacCormack summarized, "The central legal issue is whether officers, having completed any investigation required, can remain inside a residence despite being asked to leave. No, ruled the court — deputies should have left and performed the warrant check outside."

The CCA overruled the trial and appellate courts primarily because of police testilying, with the majority opinion declaring that "videotape presents indisputable visual evidence contradicting essential portions of [the officer's] testimony." If the officers had been truthful, their reasons for staying on the premises would have been justified, but video provided "indisputable visual evidence" to the contrary, held the court.

This will likely affect procedures at many if not most Texas departments. At a suppression hearing, the detective involved declared that, "It it pretty standard for us to, when we're in contact with someone, await until we get the warrant check before we break contact with them." Such "standard" protocols now must change or risk evidence being thrown out in yet more criminal cases.

Here's the opinion, written by Judge Johnson, and here's a dissent from Judge Keller, joined by Judge Hervey.

Two exonerees named Dallas News' 'Texans of the Year'

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The Dallas News has named exonerees Michael Morton and Christopher Scott "Texans of the Year" for initiating advocacy efforts in the wake of their release from prison stints served for false murder convictions. See their feature writeup describing the men's cases and advocacy efforts after release. An accompanying article portrays some of the reentry difficulties faced by exonerees addressed by Mr. Scott's nonprofit, the House of Renewed Hope. See coverage of the other Texan of the Year nominees here.

'Make forensic evidence meet standards of science'

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A Texas A&M professor and former FBI forensic scientist teamed up to author a column in the Austin Statesman today titled "Make forensic evidence meet standards of science." The article opens:
For decades, largely unrealized by judges, many of the forensic practices admitted into judicial proceedings have been without scientific foundation or any other logically acceptable basis other than observational (inductive) study by experimenters untrained in experimental process.

Most troubling are the declarations of certainty associated with proffered expert opinions in those unfounded practices as expressed by examiners in criminal proceedings, such as in firearm/toolmark identification.

Despite the lack of true scientific foundation, firearm/toolmark examiners typically state to a practical certainty that a defendant’s gun was the only possible firearm that could have fired the fatal bullet in a murder. The identification is made on the basis of scratches (striae) and/or impressions on the bullets and comparisons with defendants’ guns.

When examiners confidently declare individualizations (specific source attributions) between crime scene evidence and evidence seized from an eventual defendant without adequate foundational statistical studies, the testimony constitutes nothing more than intuited opinion or speculation, even if an educated guess, rather than evidence-based testimony.

Largely because there has been little or no extrajudicial interest in most forensic practices in past decades other than DNA, forensic procedures such as hair and fiber analyses, bitemarks and comparative bullet lead analysis (CBLA) were developed through empirical induction (observational study) by the practitioners themselves, almost exclusively nonscientists. As noted by a 2009 National Academy of Science committee report, “The fact is that many forensic tests — such as those used to infer the source of firearms or bitemarks — have never been exposed to stringent scientific scrutiny. Most of these techniques were developed in crime laboratories to aid in the investigation of evidence from a particular crime scene, and researching their limitations and foundations was never a top priority.”

Although observational study (induction) is a useful basis for decision-making in everyday life (e.g., purchasing a vehicle or new shoes based on favorable outcomes of past transactions), it is a particularly tenuous process for forensic experimentation or scientific hypothesis testing without appropriate statistical inference.
Read the rest of this informative column here.

Texas 'state jails' strayed far from their original purpose

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State jails have deviated far from their original purposes, reported Mike Ward in the Austin Statesman ("State jails struggle with lack of treatment, rehab programs," Dec. 30), to the point that most people in them aren't actually state jail felons: As of the end of October, "just 11,802 were serving time for state jail offenses. Another 13,530 were regular convicts." (In Texas, "state jail felony" is an official euphemism for what in other states would be a "fourth degree felony.") Moreover, those facilities produce worse outcomes than regular prisons: "Today, Texas’ 20 state jails have a higher recidivism rate than state prisons: 33 percent of state jail felons are convicted of new crimes, compared with 26 percent of regular prisoners. The state jails also have fewer treatment and rehabilitation programs than many of the regular prisons — the opposite of the original goals."

In many ways, wrote Ward, the rise of drug specialty courts focused on strong probation have made the original state jail concept obsolete: "many of the newly classified 'fourth-degree' felons were diverted to other community-based programs and specialty courts" as local judges became more confident in strong probation methods:
When state jails were established, Jefferson County Judge Larry Gist recalled that courts were supposed to use them in conjunction with community supervision programs or to “get the attention” of a defendant who was resisting a change to a no-crime, no-drugs lifestyle.

Within a few years came the inception of so-called drug courts, which handle only drug cases and tailor treatment and punishment to fit each offender. As more low-level drug offenders went through those courts, which often sentenced them to community supervision and occasional nights in the county jail for violations — fewer judges were interested in sending defendants to a state jail miles away, especially if there might be a better result by handling the case locally.
A sidebar to the story identified the following reform proposals for state jails:
  • Allowing convicts housed in state jails to be paroled, so they could be kept under supervision after they leave state custody, instead of completing their sentence and being released to the street. Currently, they can serve up to two years with no chance for parole and often without any early release time credits that regular prison convicts are eligible for.
  • Restarting intensive drug and alcohol treatment programs that were to be a cornerstone of the state jails but were downsized a few years after they opened and slashed when the state budget was drastically cut in 2003.
  • Require that all prisoners convicted of state jail felonies be sentenced first to community supervision, as was intended when the program was established, rather than allowing judges to send offenders directly to a state jail. Many judges found it too costly to bring offenders back and forth to court from a state jail when they could instead sentence them to local treatment programs paid for in part by the state.
  • Better integrate treatment and rehabilitation programs behind bars with so-called aftercare initiatives, so state jail inmates can return home under supervision that could help reduce the chances of recidivism.
While legislators have been discussing similar reforms for several years, much credit for recent momentum on this score goes to the Texas Public Policy Foundation's Jeanette Moll, who authored a recent public policy report promoting these and similar reforms. See her report and a recent op ed column she wrote for more background on proposals for state jails coming out of that conservative think tank.

See past, related Grits posts:
  • Advocates on right and left say reform state jail statutes, close more prison units
  • Raising theft categories to account for inflation would generate state jail savings
  • Media discussion on eliminating state jails lack nuance 
  • State jail creators: Don't kill our baby
  • The end of state jails?
  • Harris County DA: Revamp state jails