RM107: Doe vs Abbot

Transcript of RM107: Doe vs Abbot

This is a case is Doe vs Abbot 5th Circuit Court of Appeals the United States, which includes Texas and Louisiana. It’s the south central corridor. The challenge was against the registry, in Texas. The attorney, named Linda Linda Estes Hightower, had filed a complaint in 2018. It is quite a lengthy complaint and there was a lot of criticism of Hightower, Now after the district court extinguished her case, she filed an appeal of the district courts dismissal for failure to state a claim for which relief can be granted. The Fifth Circuit has said that the Texas registry has not evolved to the point where it’s punitive.

Late Breaking News:  Doe v Abbott: Fifth Circuit affirms dismissal of Teri Estes Hightower Lawsuit

[8:55] Galen appellate review of his probation revocation; can there be a blanket internet ban???
Baughman Galen Probation Revocation
One thing I’ve tried to stress on this podcast is that what can be done to an individual, with uniquely tailored circumstances, that’s targeted for that particular offender. Not just because you feel good or you hate the offender or the class offenders, they can do most anything. The put restriction was narrowly tailored and targeted to him.

[17:00] https://www.courthousenews.com/ex-cop-gets-10-years-for-forcing-teens-to-run-naked/
That’s a lot of time for this behavior. Clearly this guy should not be on the police department. This power went to his head, that he had this type of power. So clearly, he shouldn’t be a police officer ever again. His certification to be a cop should be revoked. He should be punished; in some fashion. Punishment doesn’t always have to be behind the prison walls. How can we claim that we’re for reform and reducing our prison industrial complex if we think the answer to everything is to send a person to prison.

[21:25] https://www.jsonline.com/story/news/politics/2019/12/19/marsys-law-attorneys-sue-block-referendum-crime-victim-rights/2697977001/
When you start injecting constitutional rights for victims, you have the potential for real problems. But this is going to pass. The Wisconsin voters, or any state voters would, because it sounds good. If you fall into the belief that the system is so bad that everybody gets away with what practically everything, this just sounds simple and easy. This is to level the playing field. It would be a surprise if it didn’t pass by 70 plus percent of the vote by at least 80 percent.  You can’t be irrational. You absolutely can’t be rational if you’ve been a victim of a crime. And most people would be very irrational about what should happen to the person, because you just can’t think about rationally why a person would do that.

[34:00] https://www.bostonglobe.com/metro/2019/12/14/scores-registered-sex-offenders-have-state-licenses-electricians-manicurists-and-more-the-official-who-found-out-got-fired/hJAnvmdU7RqZg6MdvodunJ/story.html
Maybe while a person is still under supervision – sure you could restrict their ability to receive a license. But after their punishment is complete in totality, there should be no restrictions on their ability to obtain a licence. The whole point of their sentence was to put them under some form of supervision. But the registry is a civil regulatory scheme. It is not punishment right? Or is it actually punishment? Which is it?

[39:35] https://www.law.com/thelegalintelligencer/2019/12/20/3-states-extend-statute-of-limitations-on-sexual-assault-abuse-harassment-claims/
The question here always becomes “How does an individual mount a defense to an accusation that is 50 years removed?” By that time, memories are basically worthless. The material evidence needed to convict or acquit would be severely compromised. This is simply bad policy.

[44:10] https://www.wgbh.org/news/commentary/2019/12/20/demonizing-defense-lawyers-threatens-the-quality-of-american-justice
When you demonize the profession of criminal defense lawyers, simply because they do a job for a person who has had the power of the state or the federal government aimed at them, that you’re not condoning what they are accused of doing. You’re doing what an adversarial system does, which is you’re holding the accuser to the burden of proof of beyond a reasonable doubt. This is pointing out that the more we demonize people, they still are entitled to be represented. Because the state has a vast apparatus that they’re turning on them. And the individual has nothing but one person to speak for them. To make sure that the state is following the rules of how this process is supposed to unfold. We demonized the people who do that job. It threatens their safety because there are people out there who want to hurt lawyers who represent the accused.

[51:50] Deep dive into Fifth Circuit decision
Does v Abbott Fifth Circuit 2019
Does v Abbott Complaint 2018

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