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Foreclosures

The Texas Death Warrant May Proceed for Elderly Homeowners. But Texas Won’t Execute Death Row Killer

Two elderly citizens, in poor health and fighting a wrongful foreclosure, are issued a ‘death warrant’ only 5 days after Gov. Abbott’s declaration that Texas was officially a disaster State (on March 13, 2020). On the other hand, a killer due to be sentenced, is given a reprieve.

LIT COMMENTARY

Two elderly citizens, in poor health and fighting a wrongful foreclosure, are issued a ‘death warrant‘ only 5 days after Gov. Abbott’s declaration that Texas was officially a disaster State (on March 13, 2020). On the other hand, a killer due to be executed, is given a reprieve.

It’s probably the most heinous act from the bench in these times of ‘solidarity’ and ‘compassion’ to all humans, especially the elderly, who are struggling through this torrid pandemic, uncertain what the future holds and if they will even be a part of it.

How did this happen? It is a result of an unconstitutional order dismissing the case when there was a scheduled hearing by a self-serving and biased Senior US District Judge, David Hittner of S.D. Texas. He has fallen from the prestige of wearing a ‘black robe’, to being an outlaw on the bench. Hittner’s barefaced hostility towards these two senior citizens and Texas homeowners, who have been in this court for many years as a result of a wrongful foreclosure (which the Burkes obtained a verdict dismissing the case in their favor TWICE in this court) by an unlicensed debt collecting law firm, namely Hopkins Law, PLLC of Austin, Texas, their attorneys Mark and Shelley Hopkins and related law firm BDF Law Group.

That is not how a judge is supposed to act from the bench. Personalities will often clash but you are never supposed to let that affect your job, which has such power available to that one person while performing his or her duties.

Hittner should be ashamed, especially as his wife is a doctor no less. His behavior is inexcusable. And yes, we certainly won’t refer to him as a ‘judge’. David Hittner is not a judge, he is an abuser and a disgrace to the judiciary.

Texas Court of Criminal Appeals stops another scheduled execution because of the coronavirus

Tracy Beatty requested the court stay his execution, set for next week, after the court halted this week’s execution.

A Texas court has stopped a second execution because of the new coronavirus that has swept through the state and world.

The Texas Court of Criminal Appeals issued a stay Thursday for next Wednesday’s scheduled execution of Tracy Beatty, a 59-year-old man convicted more than 15 years ago of killing his mother. Earlier this week, the same court halted the execution planned Wednesday for John Hummel for the same reason.

“We have determined that the execution should be stayed at the present time in light of the current health crisis and the enormous resources needed to address that emergency,” the court said in the order Thursday.

The court’s stay lasts for 60 days, after which a new execution date can be set.

Beatty’s attorney filed a motion to halt his upcoming execution shortly after the court stayed Hummel’s execution Monday, citing the “unprecedented proportions” of the pandemic. The virus has killed thousands of people worldwide, including at least three in Texas. As of Wednesday at noon, at least 95 people in the state had tested positive for the new coronavirus, a number that is undoubtedly lower than the total infected since testing is still largely unavailable.

As in Hummel’s case, prosecutors were opposed to stopping the execution, however. Smith County District Attorney Jacob Putman said in a filing that COVID-19, the disease caused by the coronavirus discovered in December 2019, has not been shown to impact the state’s ability to carry out an execution.

“There has been no evidence that the ‘enormous resources needed to address that emergency’ will also include the handful of TDCJ personnel who will carry out Beatty’s execution,” he wrote.

Seven other executions are scheduled in Texas through September, with two set in April.

TEXAS SUPREME COURT FORECLOSURE TASK FORCE TRANSCRIPT REPORT

As two judges on the task force say in the report (p. 52)

HONORABLE MARK DAVIDSON:

“With respect, no judge wants to have Marvin Zindler in their reception room when they get to the courthouse in the morning wanting to know why you threw the Widow Jones out of the house.”

HONORABLE BRUCE PRIDDY:

“I had one judge, one of my colleagues just — we’re civil judges…We just do civil cases, no criminal cases at all, so we don’t sign death warrants. We can’t do a capital punishment case, and one judge confessed to me that this is the closest thing that he has to a death warrant, is that we’re signing an order allowing someone’s house to be taken away…”

Yet the Texas courts and the State of Texas did execute these death warrants on millions of  homeowners, families, children and the elderly – and have continued to do so from 2007 – 2020.

Meanwhile in S.D. Fla.

Magistrate Judge suggests lawyer who opposed extension may want to brush up on karma concepts

Originally published; March 27, 2020

A federal magistrate judge in Miami is letting squabbling litigants know that their issues are less important than the COVID-19 pandemic.

In one case, U.S. Magistrate Judge Jonathan Goodman said the plaintiff had filed “a realistic and commonsense motion” to reschedule a trial and extend deadlines, the SDFLA Blog reports. The plaintiff reported that the defendant’s lawyer had opposed the motion.

“If defense counsel opposed the motion, then he is best advised to provide a comprehensive and rational explanation,” Goodman wrote in a March 25 order reproduced by the SDFLA Blog.

“Before filing this response, though, defense counsel may want to brush up on the concepts [of] karma, goodwill, grace, compassion, equity, charity, flexibility, respect, spirituality, selflessness, kindness, public spirit, social conscience and empathy,” Goodman said.

Goodman expressed exasperation in another case involving an alleged sexual assault on a cruise ship, Law360 reports.

In a March 21 paperless order, Goodman said lawyers had to keep things in perspective.

“We are living in an unprecedented situation,” Goodman wrote. “Nevertheless, the lawyers in this case have been exchanging snippy emails over the past two weeks over the scheduling of a corporate representative deposition. Moreover, defense counsel certified that this routine discovery dust-up is so important that it merits ‘emergency’ status. No, it doesn’t. … If all the issues we are currently facing were to be organized on a ladder of importance, this deposition-scheduling dispute would not even reach the bottom rung of a 10-rung ladder. It is painfully obvious that counsel for both sides failed to keep their comparatively unimportant dispute in perspective. Would the world end if the corporate deposition did not occur next week? Obviously not.”

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  1. Pingback: I Swear On My Pinkey I Didn't Issue Arrest Warrants During CoronaVirus Says Judge Facing Disciplinary Charges | Laws In Texas

  2. Pingback: The Fifth Circuit Removes Rogue Attorney O'Dwyer from Practicing at the Court of Appeals for the Fifth Circuit | Laws In Texas

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Laws In Texas is a blog about the Financial Crisis and how the banks and government are colluding against the citizens and homeowners of the State of Texas and relying on a system of #FakeDocs and post-crisis legal precedents, specially created by the Court of Appeals for the Fifth Circuit to foreclose on homeowners around this great State. We are not lawyers. We do not offer legal advice. We are citizens of the State of Texas who have spent a decade in the court system in Texas and have been party to during this period to the good, the bad and the very ugly.

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