The Local Crank

Musings & Sardonic Commentary on Politics, Religion, Culture & Native American Issues. Bringing you the finest in radioactive screeds since 2002! "The Local Crank" newspaper column is distributed by Community Newspaper Holdings, Inc.

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Location: Cleburne, Texas, United States

Just a simple Cherokee trial lawyer, Barkman has been forcing his opinions on others in print since, for reasons that passeth understanding, he was an unsuccessful candidate for state representative in 2002. His philosophy: "If people had wanted me to be nice, they should've voted for me."

Thursday, May 22, 2008

Eldorado Removal Order Reversed

In an amazing development, the Third Court of Appeals has reversed the trial court's decision to remove children from the YFZ Ranch near Eldorado. What makes it remarkable is that the appeal was reviewed on an "abuse of discretion" standard, the standard most favorable to the trial court.

UPDATE: More cogent analysis from my Right Honourable Colleague Guy Murray over at the Messenger & Advocate. And from Grits as well.

UPDATE 2: The latest on the legal manueverings in the YFZ case from the Common Room.



Anonymous Guy Murray said...

Hey Crank,

Thanks for the link. If CPS appeals, what's your take on the time frame? Do they have to appeal within the 10 days or merely seek a stay while they appeal? And if there's an appeal would the state supreme court take it on an emergency type basis?

It seems in situations like these, where time is of the essence, that any appeals, responses, replies, and eventual rulings must be on an expedited basis. But, I don't really know.

5/22/2008 11:09 PM  
Blogger The Local Crank said...

Sorry I couldn't get back to you sooner; I had a contested court hearing myself. You can see by now how it's played out. I was frankly surprised that DFPS agreed to reunite any of the mothers and children pending appeal.

5/24/2008 12:08 PM  

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