Kappa Sigs Investigated for Hazing Evans CAMPUS NEWS

Total Page:16

File Type:pdf, Size:1020Kb

Kappa Sigs Investigated for Hazing Evans CAMPUS NEWS SPORTS: RUGBY CLUB BRUISES ITS WAY TO THE TOP, PAGE 10 I • PEOPLE: ZOO EDUCATORS, ANIMALS MARK A NEW TERRITORY, PAGE 5 Thursday, April 25, 2002 TCU DAILY SKIFF In its 100th year of service to Texas Christian University • Vol. 99 • Issue 108 • Fort Worth, Texas • www.skiff.tcu.edu Today'sNews Kappa Sigs investigated for hazing Evans CAMPUS NEWS pending" against some Kappa Sigma members. gation will conclude this week. sought for Fraternity suspended for Neither Russel nor Vice Chancellor for Stu- Texas law defines hazing as any intentional, dent Affairs Don Mills would elaborate on the knowing, or reckless act, occurring on or off possible illegal activities nature of the allegations. the campus of an educational institution di- ID fraud, The suspension bars Kappa Sigma from rected against a student, that endangers their BY COLLEEN CASEY participating in any events or programs on health or safety for a purpose concerning the Staff Reporter or off campus. Mills said. He said the sus- membership in any organization. police say The local chapter of Kappa Sigma frater- pension is in place because the university The Texas law also states that hazing is a mis- nity has been suspended from conducting ac- wanted to be sure Kappa Sigma doesn't demeanor offense and may be punishable by a tivities because of hazing allegations, and violate any TCU policies while under inves- fine of at least $5,(XX) or not more than double Sophomore forward also criminal charges could follow, university offi- tigation. the amount loss or expenses incurred because cials said Wednesday night. Mills said Wednesday night he couldn't re- of injury, damage or loss caused by the hazing. suspended from workouts Associate Dean of Campus Life Michael member the exact date of the suspension but said Kappa Sigma member and Panhellenic Russel confirmed Wednesday that the univer- the office of student affairs suspended Kappa and Interfraternity Council chief justice of the sity is conducting an investigation into the al- Sigma's activities approximately two weeks ago. BY KELLY MORRIS AND JAIME WALKER {More on k.\\'\'A, page 7) Stafl Uepurter* Special to the Skiff legations and that "criminal charges are Russel said he hopes campus life's investi- The Rugby Club finished its Fort Worth police say a warrant has sixth official season of play with been issued for the arrest of TCU a second-place ranking in women's basketball player Tiffany Evans Division III. Though the club has in connection with an identity fraud case only existed for seven years, the involving senior team- ranking didn't happen overnight. Afternoon fun mate Kati Safaritova. For the full story see page 10. University officials Sports on Page 10 said Wednesday night STATE NEWS that Evans has been suspended from team WHITE SETTLEMENT —A workouts. police officer was shot and killed Fort Worth Officer Wednesday afternoon during a Jesse Cisneros, who ac- standoff at a home west of Fort KVANS cessed the police report, Worth. said it indicates Evans has not been Pulse on Page 2 served with the warrant. According to the report, police had enough information to obtain a warrant OnCampus after Evans, a sophomore, admitted dur- ing an April 8 interrogation to using Sa- Conn, requires vaccination faritova's identity and credit cards for on-campus students without consent. (U-WIRE) STORRS, Conn. — Don Mills, vice chancellor for student A state law now requires all affairs, said Campus Life investigations Connecticut college students liv- ing in university housing to get have been completed. Officials deter- the preventative vaccine for mined there was a violation of the Stu- Meningoccal disease. dent Code of Conduct and disciplinary Meningitis is a bacterial infec- actions have been taken, he said. He tion that is potentially deadly. would not comment on specific discipli- The state law, which takes effect nary actions, but Mills said Evans is still this fall, requires students who enrolled in classes. attend colleges or universities in the Head women's basketball coach Jeff state, public or private and live in Mittie said Evans was suspended from housing must receive the vaccine. team workouts for a violation of team State Rep. Mary Eberle, D- rules and in an effort to eliminate team Blumfield, the co-chair of the distractions. public health committee said the He said officials and team members vaccine is very safe and is a pre- have been aware of the investigation, but ventative measure for students. he would not comment on how long he has The Centers for Disease Control's Web site states that known about the case. "This is an ongoing process," Mittie meningitis is an infection of spinal Blair Bmch/SKIFf STAFF said. "We will deal with the possibility cord and the fluid that surrounds a Students enjoy the warm weather Wednesday afternoon in a soccer game by Frog Fountain. Temperatures reached an afternoon high of 86 degrees according to the of permanent suspension if events person's brain. It also states the National Weather Service. difference between viral and bac- warrant." terial meningitis is very important Mittie said he spoke to Evans this week in treating it. According to the but would not comment further on the in- Web site, viral meningitis is can vestigation. be taken care of without specific Catholic students react to pope s conference Fort Worth Police were called Feb. 25 to treatment while bacterial meningi- 4125 S. Hulen St.. Apt. 721 where Safari- tis can be treated with antibiotics. BY KELLY MARIA HOWARD stone meeting sparked by a sex theatre/TV major, said she would The reference to "serial" attacks tova reported that an unauthorized check Michael Kurland, director of Staff Reporter abuse scandal, American Roman agree with a "zero-tolerance" appeared to contradict a statement for $118 was written at the Albertson's at Student Health Services at the To Aaron Shutt, a priest who Catholic leaders agreed Wednes- policy because it might stop fu- earlier Wednesday by Cardinal 4650 Southwest Loop 820. University of Connecticut, said that molests a child has no place in the day to make it easier to remove ture abuse. Theodore McCarrick of Washing- She and roommate Shirley Cauley told Connecticut is the only state that Catholic Church. priests guilty of sexually abusing "I think Catholics will re- ton, who indicated that the Ameri- requires college students living in police they believed Evans and her "I think that once a priest has minors — but they stopped short spond favorably to measures de- can cardinals meeting with Pope housing to have the vaccine. boyfriend, Russell May, 24, who also signed to According to the state law, by violated the priesthood, and of a one-strike John Paul II reached consensus on live in the apartment, were connected to most importantly the morals of policy to dis- prevent future a "one-strike-you're-out" policy the case. the 2002-2003 academic year stu- "1 think it (would) send a very dents are required to have had the God and being a Christian, they miss all abusive abuse," that would dismiss any priest in- Police began an investigation which in- vaccine if they choose to live in should not be allowed back into clerics. clear message as to what is Stafford said. volved in a future sex abuse case. cluded review of the canceled check and campus housing. ministry," said Shutt, a Catholic The Ameri- appropriate behavior." "Most priests Shutt said the Catholic Church bank statements, the report stated. The law does provide for a stu- and sophomore advertising/pub- can church - Aaron Shutt are doing a needs a "one-strike" policy because On March 19. Safaritova informed po- dent who has conflicting religious lic relations major. "I feel that a leaders said great job and I it would prevent future occurrences. lice her MasterCard statement showed beliefs or a physician's note stat- priest can gain forgiveness, but they would rec- think we will "I think it (would) send a very unauthorized charges for a Direct TV ing the vaccine would be med- that he will have violated and ommend a special process to de- all be happy to have this scandal clear message as to what is ap- payment and to pay off phone bills, ac- ically unsafe for the student. lost the truth of his church and frock any priest who has become resolved so that good priests can propriate behavior," Shutt said. "A cording to the police report. —The Daily Campus community." "notorious and is guilty of the se- continue their ministry." priest dedicates himself to God At that time. Safaritova indicated to po- Shutt was one of several rial, predatory sexual abuse of Several cardinals had sug- and the priesthood, and that lice that she wanted to press charges Catholic students who said minors." But, in'cases that are not gested they had wanted stronger should be his focus." against Evans for the fraudulent use of her InsideSkifl Wednesday they would support "notorious" they would leave it language to turn over clergy of- The Associated Press con- identification, the report stated. up to the local bishop to decide if fenders to civil authorities, indi- The Pulse/Campus Lines 2 strict actions against priests who trihuted to this story. Police reports show that between molest children if that is the final such a priest is a threat to chil- cating that major battles lie ahead March 19 and April 5, Safaritova told Opinion decision of the pope and the dren and should be defrocked. when all U.S. bishops gather in krll\ Maria Mowanl National Digest Catholic Church.
Recommended publications
  • Outdoor Market Under Construction
    SPORTS: BASEBALL TEAM STRUGGLES AGAINST UTA, PAGE 10 1 • FOOD: TESTING OUT LITTLE-KNOWN FORT WORTH RESTAURANTS, PAGE 5 Wednesday, April 24, 2002 TCU DAILY SKIFF In its 100th year of service to Texas Christian University • Vol. 99 • Issue 107 • Fort Worth, Texas • www.skiff.tcu.edu Today'sNews Area mom STATE NEWS Outdoor market under construction FORT WORTH — A Tarrant prepares to County assistant district attorney Over $2.3 million in federal, lo- (plants and fresh cut flowers), has resigned after being arrested Workers transform cal and private funds were used to Frost Bites (Italian ice cream), by police who say she was drunk complete the construction of the Coffee Haus (gourmet coffee, deploy with in public and threatened an offi- abandoned building Santa Fe Warehouse built in 1937, desserts and prepared foods), Hot cer's job. Rawie said. Damn Tamales (Mexican pre- The Pulse on Page 2 into city attraction According to the Fort Worth pared foods), GO Texas (a Texas Air Force Public Market Web site, the mar- store that sells Texas gifts) and NATIONALNEWS BY ANTHONY KIRCHNER ket will be split into two parts in- Lone Star Wines, according to the PLACENT1A, Calif. — A Staff Reporter cluding an indoor six-day-a-week Web site. mile-long freight train plowed Construction workers will be venue inside the Santa Fe Ware- The outdoor market will em- 300 Fort Worth head-on into a commuter train working for the next month to fin- house where fresh food vendors phasize retailing fresh food to its during rush hour Tuesday, killing ish transforming an old, abandoned will operate.
    [Show full text]
  • Texas Death Penalty Developments in 2016: the Year in Review
    EMBARGOED UNTIL THURSDAY, DECEMBER 15, 2016, 12:01 AM CDT Texas Death Penalty Developments in 2016: The Year in Review Executive Summary The Texas Coalition to Abolish the Death Penalty (TCADP) – a statewide advocacy organization based in Austin, Texas – publishes this annual report to inform citizens and elected officials about issues associated with the death penalty during the past year. The report cites these recent death penalty developments in Texas: • In 2016, new death sentences remained at their lowest level since the U.S. Supreme Court upheld the state’s revised capital punishment statute in 1976. Jurors condemned three individuals to death, but rejected the death penalty in a fourth case. • Application of the death penalty remains racially biased. Over the last five years, 80% of death sentences have been imposed on people of color. • Use of the death penalty also remains geographically isolated. Just seven counties account for approximately two-thirds of all new death sentences in Texas since 2012. • For the second consecutive year, there were no new death sentences in Harris or Dallas Counties. • The State of Texas put seven people to death in 2016, the lowest number of executions in two decades. Texas accounted for more than one-third of all U.S. executions. • Of the seven men put to death by the State of Texas in 2016, two were Hispanic and five were white. It was the first time since 1984, and only the second year since the resumption of executions in 1982, that no African-Americans were executed in Texas. • Nearly half of the individuals executed by the State of Texas over the last two years had a significant impairment.
    [Show full text]
  • 138904 03 Dirtmile.Pdf
    breeders’ cup dirt mile BREEDERs’ Cup DIRT MILE (GR. I) 7th Running Santa Anita Park $1,000,000 Guaranteed FOR THREE-YEAR-OLDS AND UPWARD ONE MILE Northern Hemisphere Three-Year-Olds, 123 lbs.; Older, 126 lbs. Southern Hemisphere Three-Year-Olds, 120 lbs.; Older, 126 lbs. All Fillies and Mares allowed 3 lbs. Guaranteed $1 million purse including travel awards, of which 55% of all monies to the owner of the winner, 18% to second, 10% to third, 6% to fourth and 3% to fifth; plus travel awards to starters not based in California. The maximum number of starters for the Breeders’ Cup Dirt Mile will be limited to twelve (12). If more than twelve (12) horses pre-enter, selection will be determined by a combination of Breeders’ Cup Challenge Winners, Graded Stakes Dirt points and the Breeders’ Cup Racing Secretaries and Directors panel. Please refer to the 2013 Breeders’ Cup World Championships Horsemen’s Information Guide (available upon request) for more information. Nominated Horses Breeders’ Cup Racing Office Pre-Entry Fee: 1% of purse Santa Anita Park Entry Fee: 1% of purse 285 W. Huntington Dr. Arcadia, CA 91007 Phone: (859) 514-9422 To Be Run Friday, November 1, 2013 Fax: (859) 514-9432 Pre-Entries Close Monday, October 21, 2013 E-mail: [email protected] Pre-entries for the Breeders' Cup Dirt Mile (G1) Horse Owner Trainer Alpha Godolphin Racing, LLC Lessee Kiaran P. McLaughlin B.c.4 Bernardini - Munnaya by Nijinsky II - Bred in Kentucky by Darley Broadway Empire Randy Howg, Bob Butz, Fouad El Kardy & Rick Running Rabbit Robertino Diodoro B.g.3 Empire Maker - Broadway Hoofer by Belong to Me - Bred in Kentucky by Mercedes Stables LLC Brujo de Olleros (BRZ) Team Valor International & Richard Santulli Richard C.
    [Show full text]
  • Darin Routier Married
    Darin routier married Continue Next up in the next countdown( countdownl) Next: NextVideo.title (nextVideo.description) Go to this video now Transcript for Darley Ruthier's ex-husband says she is innocent of the murders of her sons. But she looked into me, she saw DeVon. He looks like me and when I see her all Oslo pays. A lot of people think that because to get Charlie I don't believe under anymore, and that's far from the truth. Donnelly is the 100% innocent she's always been, and she's always going to have I didn't divorce Harley because I felt she was guilty. The variety is all right so I can move on. Hi dear. Some of my other children. This transcript was automatically generated and cannot be 100% accurate. American convicted death row killer Darley RoutierBornDarlie Lynn Peck (1970-01-04) January 4, 1970 (age 50)Altoona, Pennsylvania, U.S. Criminal StatusOn Death PenaltySpouse (s)Darin Routier (divorced)ChildrenDevon, Damon, and DrakeConviction (s)Capital Murder, one countCriminal penaltyDeathImprisoned at TheMountain View Unit, Texas Department of Criminal Justice , Darley Lynn Peck Routier (born January 4, 1970) is an American from Rowlett, Texas, who was convicted and sentenced to death for the murder of her five-year-old son Damon in 1996. She was also charged with capital murder in the death of her six-year-old son, Devon, who was killed at the same time as Damon. Until now, Ruthier has not been specifically tried for Devon's murder. Damon and Devon were stabbed with a large kitchen knife at Ruthier's home, while Ruthier was stabbed in the throat and arm.
    [Show full text]
  • In the United States Court of Appeals for the Fifth Circuit
    Case: 18-70002 Document: 00514331258 Page: 1 Date Filed: 02/01/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 18-70002 United States Court of Appeals Fifth Circuit FILED February 1, 2018 JOHN DAVID BATTAGLIA, Lyle W. Cayce Petitioner - Appellant Clerk v. LORIE DAVIS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION, Respondent - Appellee Appeal from the United States District Court for the Northern District of Texas USDC No. 3:16-CV-1687 Before HIGGINBOTHAM, DENNIS, and GRAVES, Circuit Judges. PER CURIAM:* This case involves a question of competence to be executed. On January 2, 2018, John Battaglia filed a motion in the district court for funding of investigatory services and a motion for stay of execution. The district court denied the motions, stating that “any grant of funding for such an investigator would appear to be a misallocation of federal funds.” We affirm. * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 18-70002 Document: 00514331258 Page: 2 Date Filed: 02/01/2018 No. 18-70002 I. Having been convicted and sentenced to death for killing his two daughters,1 John Battaglia now attacks his competency to be executed under Article 46.05 of the Texas Code of Criminal Procedure. Battaglia first raised the competency issue in February 2016, when he filed a motion in state trial court for appointment of counsel to investigate, prepare, and file a competency claim.2 The motion was summarily denied.3 Battaglia next filed a motion in federal court, requesting the appointment of counsel under 18 U.S.C.
    [Show full text]
  • In the United States Court of Appeals for the Fifth Circuit
    Case: 16-70009 Document: 00513444511 Page: 1 Date Filed: 03/30/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-70009 United States Court of Appeals Fifth Circuit FILED March 30, 2016 JOHN DAVID BATTAGLIA, Lyle W. Cayce Petitioner - Appellant Clerk v. WILLIAM STEPHENS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION, Respondent - Appellee Appeal from the United States District Court for the Northern District of Texas USDC No. 3:16-CV-687 Before HIGGINBOTHAM, DENNIS, and GRAVES, Circuit Judges. PER CURIAM:* Appellant John David Battaglia is currently scheduled to be executed by the State of Texas on March 30, 2016. He moved the district court for appointment of counsel under 18 U.S.C. § 3599 and a stay of execution. The district court denied both motions. Battaglia now appeals to this Court and moves for a stay of execution. We REVERSE the district court’s order denying * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. 1 of 11 Case: 16-70009 Document: 00513444511 Page: 2 Date Filed: 03/30/2016 No. 16-70009 his motion for appointment of counsel and GRANT his motion for a stay of execution. I. Appellant John David Battaglia was convicted of capital murder by a Texas state court and sentenced to death for the murders of his two daughters. Following an unsuccessful direct appeal1 and state habeas petition,2 Battaglia sought federal habeas relief in the Northern District of Texas.
    [Show full text]
  • Broadcasting Apr 7
    The Fifth Estate L I T E R A D I O T E L E V I S I O N C A B L E S A T E L Broadcasting Apr 7 BAHAKEL COMMUNICATIONS. From The RockiesToTheAtlantic. One of America's largest privately held broadcast-cable entities. The Bahakel markets are: (Television) - Charlotte, Columbia, Selma - Montgomery, Jackson (TN). Spring- field /Decatur /Champaign, Greenwood /Greenville, and Terre Haute: (Radio) - Colorado Springs, Chat- tanooga, N. Charleston /Charleston, Tri-Cities (TN), Bowling Green (KY), Lynchburg, Greenwood (MS). and Waterloo -Cedar Rapids, Virginia and West Virginia are the homes of eight Bahakel cable systems -three systems, W.Va; five systems, Va. Corporate Headquarters: P.O. Box 32488, Charlotte, N.C. 28232 11")(` . 5ró1 `OIF 7-Z1 : . r .ì S`'S-lt'y í'/Pí ti N-11 f7-:,ti-71 c'Tt4i Why America's Most Successful Radio Broadcasters Demand The Research Group Dick Ferguson President Katz Broadcasting "Over the past five years, 'our partners' at The Research Group have helped us see the radio business not only through the eyes of programmers, promoters and sales people, but as strategists and marketers. This strategic and marketing perspective, com- bined with the information we gained from their research studies, has given our stations a tremendous advantage in this intensely competitive field. The Research Group really understands the concept of 'value added'. Sometimes I think they invented it. Their influence at our strategic sessions is invaluable... and it goes way beyond the information that comes between the covers of one of their studies.
    [Show full text]
  • Death Row U.S.A
    DEATH ROW U.S.A. Winter 2020 A quarterly report by the NAACP Legal Defense and Educational Fund, Inc. Deborah Fins Consultant to the NAACP Legal Defense and Educational Fund, Inc. Death Row U.S.A. Winter 2020 (As of January 1, 2020) TOTAL NUMBER OF DEATH ROW INMATES KNOWN TO LDF: 2620 (2,620 – 189* - 906M = 1525 enforceable sentences) Race of Defendant: White 1,103 (42.10%) Black 1,089 (41.56%) Latino/Latina 353 (13.47%) Native American 27 (1.03%) Asian 47 (1.79%) Unknown at this issue 1 (0.04%) Gender: Male 2,567 (97.98%) Female 53 (2.02%) JURISDICTIONS WITH CURRENT DEATH PENALTY STATUTES: 31 Alabama, Arizona, Arkansas, CaliforniaM, ColoradoM, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Ohio, Oklahoma, OregonM, PennsylvaniaM, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Wyoming, U.S. Government, U.S. Military. M States where a moratorium prohibiting execution has been imposed by the Governor. JURISDICTIONS WITHOUT DEATH PENALTY STATUTES: 22 Alaska, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire [see note below], New Jersey, New Mexico, New York, North Dakota, Rhode Island, Vermont, Washington, West Virginia, Wisconsin. [NOTE: New Hampshire repealed the death penalty prospectively. The man already sentenced remains under sentence of death.] * Designates the number of people in non-moratorium states who are not under active death sentence because of court reversal but whose sentence may be reimposed. M Designates the number of people in states where a gubernatorial moratorium on execution has been imposed.
    [Show full text]
  • Texas Death Penalty Developments in 2016: the Year in Review
    Texas Death Penalty Developments in 2016: The Year in Review Executive Summary The Texas Coalition to Abolish the Death Penalty (TCADP) – a statewide advocacy organization based in Austin, Texas – publishes this annual report to inform citizens and elected officials about issues associated with the death penalty in the past year. The report cites these recent death penalty developments in Texas: • In 2016, new death sentences remained at their lowest level since the U.S. Supreme Court upheld the state’s revised capital punishment statute in 1976. Jurors condemned three individuals to death, but rejected the death penalty in a fourth case. • Application of the death penalty remains racially biased. Over the last five years, 80% of death sentences have been imposed on people of color. • Use of the death penalty also remains geographically isolated. Just seven counties account for approximately two-thirds of all new death sentences in Texas since 2012. • For the second consecutive year, there were no new death sentences in Harris or Dallas Counties. • The State of Texas put seven people to death in 2016, the lowest number of executions in two decades. Texas accounted for more than one-third of all U.S. executions. • Of the seven men put to death by the State of Texas in 2016, two were Hispanic and five were white. It was the first time since 1984, and only the second year since the resumption of executions in 1982, that no African-Americans were executed in Texas. • Nearly half of the individuals executed by the State of Texas over the last two years had a significant impairment.
    [Show full text]
  • 13-70035 Document: 00513115920 Page: 1 Date Filed: 07/15/2015
    Case: 13-70035 Document: 00513115920 Page: 1 Date Filed: 07/15/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 13-70035 FILED July 15, 2015 Lyle W. Cayce JOHN DAVID BATTAGLIA Clerk Petitioner - Appellant v. WILLIAM STEPHENS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION, Respondent - Appellee Appeal from the United States District Court for the Northern District of Texas USDC No. 3:09-CV-1904 Before HIGGINBOTHAM, DENNIS, and GRAVES, Circuit Judges. PER CURIAM:* John Battaglia was sentenced to death by a Texas jury and seeks habeas relief. He requests a Certificate of Appealability (COA) to appeal the district court’s denial of his claim that state trial counsel ineffectively failed to question jurors about their openness to considering mental health evidence. He also asks for leave to develop potential new ineffective * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 13-70035 Document: 00513115920 Page: 2 Date Filed: 07/15/2015 No. 13-70035 assistance of counsel claims that would have been procedurally defaulted prior to Trevino v. Thaler.1 We DENY Mr. Battaglia’s requests. I. The facts were ably explained by the magistrate judge and adopted by the district court.2 We repeat them only as necessary. Mr. Battaglia was sentenced to death for killing his two young daughters. There was evidence at trial that he suffered from severe bipolar disorder.
    [Show full text]
  • Not Guilty V. Cerberus: Winning Intoxication Manslaughter Trials P
    FOR THE DEFENSE Volume 47 No. 2 | March 2018 Mark Thiessen | Not Guilty v. Cerberus: Winning Intoxication Manslaughter Trials p. 23 Clint Broden | The Business Duty Rule for Business & Public Records p. 29 Sign up online at www.tcdla.com March 22–23, 2018 Royal Sonesta Hotel 300 Bourbon Street New Orleans, LA TroyMcKinney GaryTrichter MimiCoffey DougMurphy Editor Sarah Roland Denton, Texas 940-323-9305 [email protected] Assistant Editor Stephen Gustitis Bryan, Texas 979-823-9111 [email protected] Contents Significant Decisions Report Editor Michael Mowla 972-795-2401 Features [email protected] Design, Layout, Editing Craig Hattersley Not Guilty v. Cerberus: Winning TCDLA Home Office Intoxicated Manslaughter Trials 512-646-2733 23 [email protected] Mark Thiessen TCDLA Officers: President The “Business Duty” Rule for David Moore | Longview Business and Public Records President‑Elect 29 Mark Snodgrass | Lubbock Clint Broden First Vice President Kerri Anderson-Donica | Corsicana Second Vice President Grant Scheiner | Houston Columns Treasurer Michael Gross | San Antonio 6 President’s Message Secretary Heather Barbieri | Plano 10 Interim Executive Director’s Executive Director Perspective Joseph A. Martinez 512-646-2726 Ethics and the Law [email protected] 12 DIRECTORS Federal Corner 15 Chris Abel, Flower Mound Scott H. Pawgan, Conroe Susan E. Anderson, Dallas Oscar Peña, Laredo Shout Outs 19 Jorge Aristotelidis, San Antonio Carmen Roe, Houston Marjorie Bachman, Austin Jeremy Rosenthal, McKinney Roberto Balli, Laredo David Ryan, Houston Robert J. Barrera, San Antonio Frank Sellers, Fort Worth Departments Curtis Barton, Houston Jessica Skinner, San Angelo CLE Seminars and Meetings Rick Berry, Marshall John Hunter Smith, Sherman 5 Kristin Brown, Dallas Monique Sparks, Houston Significant Decisions Report Anne Burnham, San Antonio Courtney Stamper, Waxahachie 33 Jim Darnell Sr., El Paso Mark Thiessen, Houston Danny Easterling, Houston Gregory Allen Waldron, Longview Donald H.
    [Show full text]
  • Supreme Court of the United States
    No. 17A890 IN THE Supreme Court of the United States THOMAS WHITAKER and PERRY WILLIAMS, Applicants, v. BRYAN COLLIER, Executive Director, Texas Department of Criminal Justice, et al., Respondents. On Application for Stay of Execution to the United States Court of Appeals for the Fifth Circuit BRIEF IN OPPOSITION KEN PAXTON MATTHEW OTTOWAY Attorney General of Texas Assistant Attorney General Counsel of Record JEFFREY C. MATEER First Assistant Attorney General P.O. Box 12548, Capitol Station Austin, Texas 78711 ADRIENNE McFARLAND (512) 936-1400 Deputy Attorney General [email protected] For Criminal Justice EDWARD L. MARSHALL Chief, Criminal Appeals Division Counsel for Respondents CAPITAL CASE QUESTION PRESENTED Is a stay of execution warranted where the Applicants’ challenges to Texas’s execution protocol are not likely to succeed on the merits, where there is no likelihood of constitutionally-impermissible pain, and where the state and public have a significant interest in the finality of a criminal conviction? i TABLE OF CONTENTS QUESTION PRESENTED ......................................................................... i TABLE OF CONTENTS ........................................................................... ii TABLE OF CITED AUTHORITIES ....................................................... iii BRIEF IN OPPOSITION .......................................................................... 1 STATEMENT OF THE CASE .................................................................. 1 I. Whitaker’s Offense and Conviction
    [Show full text]