Latest news with #TexasConstitution
Yahoo
11-06-2025
- Yahoo
Judge rules in favor of Texas woman after SWAT destroyed her house while pursuing a fugitive
Five years after police destroyed cancer survivor Vicki Baker's house while pursuing a fugitive, a federal judge has ruled that the Texas city she used to call home must pay her for the damage. "I've continued fighting this long, because if this can happen to me, it can happen to anyone," Baker told Fox News Digital in an emailed statement. "This case has always been about more than the money for me. I want to see real change." Baker's ordeal started in July 2020, when she moved to Montana and was in the process of selling her home in McKinney, Texas. 'This Is Personal': Marine Veteran Reacts To Judgment On Federal Loophole Police Used To Seize His Cash Wesley Little kidnapped a 15-year-old girl, fled from police and took refuge in Baker's home. Police surrounded the house and Little eventually released the teen but refused to surrender, according to court documents. A SWAT team tried to draw him out by launching a barrage of tear gas canisters at the house, shattering windows and punching holes in walls. Read On The Fox News App When police finally entered the house, they discovered that Little had killed himself. Baker's daughter's Chihuahua was inside during the onslaught and was left blind, deaf and sick from the tear gas and explosions. The dog eventually had to be put down, Baker said. A hazmat crew disposed of almost everything inside the house because it was saturated with a toxic film from the teargas, according to court documents. Damage to the home totaled at least $50,000, according to Baker and her attorneys at the nonprofit civil liberties law firm Institute for Justice. But her insurance company refused to cover the bulk of the damage because her policy — like most — excludes damage caused by the government. Justice Department Halts Dea's Random Searches Of Airport Travelers After Report Finds 'Serious Concerns' Baker tried to file a property damage claim with the city of McKinney, but officials refused to pay, citing qualified immunity, a doctrine often used to shield police and other government agencies from being sued for violating people's rights or destroying property during the course of their work. The Institute for Justice sued under the Fifth Amendment and the Texas Constitution, arguing that police may have been authorized to seize Baker's home in the interest of pursuing a dangerous fugitive, but that they should have to pay her just like they would if the government seized a home to build a road or other infrastructure. A prolonged legal saga followed, with one federal judge ruling in 2022 that Baker should be compensated and a jury awarding her nearly $60,000 in damages. The following year, the 5th Circuit Court of Appeals reversed her Fifth Amendment win. The U.S. Supreme Court declined to hear the case last year, but Justices Sonia Sotomayor and Neil Gorsuch acknowledged the high court has yet to address whether the government can require individuals to bear the cost of police actions. Last week, a U.S. district court judge ruled again that Baker is entitled to $59,656.59 plus interest under the Texas Constitution. "This ruling makes it clear that the Texas Constitution's promise of just compensation applies when police destroy innocent people's property, and that this entire lawsuit could have been avoided if the city simply did the right thing in the first place," IJ attorney Jeffrey Redfern, who represented Baker, said in an emailed statement to Fox News Digital. The City of McKinney is "evaluating its options for appealing this ruling," a spokesperson confirmed to Fox News Digital. The city previously offered to pay the full amount of the damage to settle the case, but Baker's team says they refused to settle unless the city also changed its policies to protect all homeowners from similar actions in the future. Redfern said he still hopes the Supreme Court will hear a case similar to Baker's in the future so "we can ensure that the United States Constitution also protects innocent property owners in cases like this." "I want to make sure that cities around the country are doing the right thing and paying just compensation to people in similar situations," Baker article source: Judge rules in favor of Texas woman after SWAT destroyed her house while pursuing a fugitive
Yahoo
02-06-2025
- General
- Yahoo
Texas Supreme Court Greenlights Paxton's Probe Of Illegal Alien Shelter
(Texas Scorecard) – The Texas Supreme Court has ruled that Attorney General Ken Paxton can investigate and seek judicial remedies against Annunciation House, a Catholic non-profit that operates several homeless shelters throughout the El Paso area allegedly benefitting illegal aliens. Published Friday morning, the Texas Supreme Court opinion states that Paxton has the authority to file a quo warranto action challenging Annunciation House's right to do business in Texas. If Paxton's accusations are accurate, it could lead to the closure of Annunciation House. In February 2024, Paxton requested access to the organization's records after accusing it of aiding and sheltering illegal aliens. His request was denied. This was followed by an El Paso district judge's ruling that further blocked Paxton's request. Paxton appealed the dismissal of his lawsuit to the Texas Supreme Court in July 2024, and the court heard oral arguments in the case earlier this year. Justice Evan Young, who delivered the opinion, concluded that there is no lawful reason to bar Paxton from filing a quo warranto action or requesting records in this situation. Quo warrantos have a long historical standing in both common law and in the Texas Constitution. 'We conclude that the trial court erred in its constitutional holdings,' wrote Young in the opinion. 'We likewise conclude that the court's related injunctions, which prevent the attorney general from even filing a quo warranto action, were premature at best.' Additionally, the Supreme Court rejected arguments from Annunciation House that Texas law limits the attorney general's authority and that the demand of immediate access to records is unconstitutional. Young further stated that the Supreme Court's decision does not express an opinion on or discuss questions regarding Paxton's accusations against Annunciation House, but leaves them to be determined in the lower courts through usual legal processes. 'The Supreme Court was right to right to respect the AG's authority to investigate and and they were right to withhold judgment about any the substance of the case, which will be determined in due course,' attorney Tony McDonald told Texas Scorecard. 'Today is a great victory for Texas, secure borders, and the rule of law,' said Paxton. 'Annunciation House has flagrantly violated our laws by harboring illegal aliens and assisting them to enter further into our country. This cannot be allowed to continue, and I will do everything in my power to stop them and any other NGO breaking our laws.' Annunciation House declined to comment on the case at this time.
Epoch Times
31-05-2025
- Politics
- Epoch Times
Texas Gov. Abbott Signs Resolution Barring Non-Citizens From Voting in Texas
Texas Gov. Greg Abbott signed a resolution on May 26 that would amend the state constitution to allow only U.S. citizens to vote. 'I just signed off on a joint resolution to make it crystal clear under the Texas Constitution that if you are not a citizen of the United States of America, you are not allowed to vote in Texas,' Abbott in a Facebook video posted May 26.
Yahoo
28-05-2025
- Business
- Yahoo
Texas House fails to pass automatic bail denial for repeat offenders
The Brief A proposed Texas constitutional amendment to deny bail to certain repeat offenders failed in the House. The measure fell three votes short of the 100 needed to put it on the ballot for public vote. The rejection means a key part of Governor Abbott's bail reform agenda will not move forward as a constitutional amendment. AUSTIN, Texas - A proposed amendment to the Texas Constitution that would deny bail to repeat offenders of violent crimes failed in the House Tuesday afternoon. Senate Joint Resolution 87 fell three votes short of the 100 needed to put the constitutional amendment on the ballot. The measure had support from all Republicans in the chamber at the time of the vote and just nine Democrats. The resolution would have automatically denied bail to anyone accused of certain felonies that they had previously been convicted of a felony or were out on bond at the time of the alleged offense. The amendment would have required judges to find probable cause that the accused committed one of these offenses: murder, capital murder, aggravated assault involving serious bodily injury, aggravated robbery, aggravated sexual assault, indecency with a child, trafficking of persons, or continuous trafficking of persons. The proposal failed 93-32 in a floor vote Monday. What they're saying Those who supported the motion said it was to make sure high-risk offenders were not released before trial. They said it would take pressure off of judges who decide bail in high-pressure or violent cases. "Had this resolution passed two years ago or four years ago, we know for certain lives would've been saved because people would not have been killed by other people out on bond," Rep. Mitch Little said. The other side Those against the resolution argued that it violates a person's right to due process and undermines the presumption of innocence. They said the amendment would cause more financial trouble for those left in jail if they were later found to be innocent. "Why not lock up all people accused of crimes indefinitely for fear that they may do something?" Rep. Joe Moody said. "I guarantee a handful of lives will be saved by doing that, too. But at what cost? The cost of our liberty. The cost of the state inflicting immense, life-destroying punishment on people who haven't been convicted of anything." SJR 87 is just one piece of a larger push in the state legislature to reform the bail process in Texas. Bail reform has been a goal of Gov. Greg Abbott this session. Last week the House pushed through Senate Joint Resolution 5, Senate Bill 664, Senate Bill 40 and Senate Bill 9. SJR 5 would add a constitutional amendment requiring judges to automatically deny bail for violent crimes like murder, rape or human trafficking, "unless there is clear and convincing evidence that the defendant will appear in court and not endanger the community." Judges who release violent criminals under the new system would be required to explain the decision in writing. Prosecutors would be able to challenge the judges' bail decisions. The amendment will be put on ballots in November for a public vote. Passing on a 113-30 vote, Senate Bill 40 would prevent municipalities from using taxpayer dollars to bail defendants out of jail. The bill helps ensure that taxpayer funds are used for public safety expenses, like law enforcement, state prosecutors and jail operations. Senate Bill 9 would prevent a judge from granting a cashless personal bond for certain offenses. Under the bill, the state could appeal bail decisions if prosecutors felt the amount was insufficient. The rule would keep the defendant in jail for up to 20 days while the appeal is considered. Bond reform has been a priority for Abbott. Currently, only capital murder suspects are exempt from bonds. Why you should care Because bail is written into the Texas Constitution, it requires a constitutional amendment to alter. That requires a two-thirds vote in both the Texas House and Senate. Bail reform was one of seven emergency items laid out by the governor earlier this year. Under the Texas constitution, bail is a right for almost everyone arrested. The exceptions are people charged with capital murder, some people charged with certain repeat felonies or certain instances where bail has been violated in the past. Dig deeper Bail is the amount of money a defendant must pay to be released from jail. The system is used to incentivize the accused to appear for court hearings. The bond, if paid in full by the accused, is refundable if they attend all hearings. Those that can't afford to pay the full amount can go through a bail bond company that usually requires a nonrefundable payment of 10% of the total amount. In exchange, the bail bond company guarantees the rest of the amount if the defendant doesn't appear in court. Other times, a judge can release a defendant on a personal recognizance bond that does not require any money, on the promise the defendant will appear for hearings. The Source Information on the bail reform bills comes from the Texas Legislature and comments made on the House floor. Backstory on Gov. Abbott's bail reform push comes from previous FOX reporting. Backstory on Texas bail laws comes from the Texas Constitution. Bail definitions come from the American Bar Association.
Yahoo
13-05-2025
- Politics
- Yahoo
Plat under name that drew a crowd gets approval, frontage road projects move forward
The audience at Monday's Parker County commissioners' meeting was noticeably smaller than the last. The court approved the final plat for a subdivision to be known as Muslims United Phase II, on 4.8 acres of property in the Peaster area. The name of the entity drew criticism and multiple speakers last month who said they were concerned about the 'political agenda' of Islam, pointing to an uptick of mosques being built in Dallas and surrounding areas. It's worth noting that Phase I was approved in February, with little fanfare. The property owners plan to carve off the 4 acres to set up two separate lots for their children, who graduated from Peaster ISD and are moving back to the area. The platting process is legally necessary, as the new homes would need addresses for 9-1-1 among other things. County official Becky McCullough, speaking as a citizen Monday, said she lives in that community and has known the family her entire life. 'These are good people, and I understand the name sounds scary, but we have personally let them read the comments and things that have been said [online]...' she said. 'I went to school with [the family], my kids call him uncle. 'They've met all the legal requirements. I understand a lot of people want to make this political ... I don't really understand why it's political.' Precinct 3 Commissioner Jacob Holt said entity name was established in 1985, when the family bought the property. He said questions about a non-profit status, ag exemption requirements and other concerns prompted him to personally drive out to the property to take pictures of cows, fencing and ag equipment. Echoing other comments, 'there are things going on in this country and across the world that I don't think anybody in this room supports, with places where Shariah Law is heavily enforced,' Holt said. 'There's threats to the Bill of Rights, to the Texas Constitution ... but under the Bill of Rights and the Texas Constitution are very clear establishments of freedom of religion, freedom of ideology. 'We also value property rights very heavily in Texas.' Other staff noted all requirements had been legally met for the plat to move forward. Parker County Republican Party Chair Brady Gray thanked the county for handling residents' concerns and meeting them with diligence and understanding. 'As I said [at the last meeting], I think the concerns are well-founded, I understand why they exist and it makes sense,' he said. 'I have also heard testimony of people who know this family. 'I appreciate everything y'all have done to take precautions.' Commissioners also approved a $17,700 credit to Precinct 2 from a cost saving to the turning lane project on Farm-to-Market 920. Commissioners also approved a $98,500 with Halff and Associates for traffic studies at intersections near U.S. Highway 180, Centerpoint Road and Bankhead Highway. Freese & Nichols representative Chris Bosco said the funds had been anticipated in the original scope, but that the infrastructure consulting firm was moving faster than the Texas Department of Transportation, whom the county had thought would be doing the work. The cost includes management, collection of traffic counts, analysis and a report provided to commissioners and to TxDOT. A fee of $1.7 million was also approved for projects leading to the Interstate 20 expansion, in frontage road and ramp improvements from Dennis Road to Old Dennis Road/Bowie Drive. Bosco said Graham Associates were originally selected for the work, during which it was planned that TxDOT would do the schematic and environmental, with Graham doing final design. Projects had been put on hold, however, and Bosco said there'd been talks with the state and Graham to go ahead and let the firm do schematic work, a traffic study and environmental work to move the project forward. Commissioners OKed an additional $134,540 to Freese & Nichols to manage the work, for a total of $1,892,760. All monies were budgeted out of the county's transportation bond that passed in 2023. A belated proclamation was also read Monday, established April as Sexual Assault Awareness Month. County Attorney John Forrest read the order, noting several community organizations, such as Freedom House, that provide resources to victims. 'All of these are great programs, but without awareness and acknowledging they exist ... that's why we have these months, so individuals know these services are available to them and there's help out there,' he said. Professional Victim Assistance Coordinator Lisa Mehrhoff said people come in to her office every day seeking protective orders. 'You've got applications versus final... we have over 120 protective orders,' she said in reference to the past year. 'There are some that don't meet all the elements, but they have things going on that we may need to pursue another avenue to give them help and protection.'
