Saturday, January 7, 2012

Texas Rules of Criminal Procedure Memory Pegs

1.27 Doe with neck slashed.  Common Law Governs

2.30  Knee smashing mouse.  Report conerning assaultive or terroristic offenses.

3.05  My soul.  Racial profiling

4.18 Roo with dove coming out of pocket.  Claim of underage

5.08 Loo with a safe inside.  Mediation in family violence cases.

6.08 Shy Sufi.  Protective order prohibiting offense caused by bias or prejudice.

7.18  Echo dive.  Contempt

8.09 Foe sob.  Power of special constable to suppress riots

9.06 Bye Satch.  Unwholesome food.

10.03 Dice Sam.  Removal of obstruction of public highway.

11.65  Tattoo shell.  Bond for certain applicants for habeas corpus.

12.07 Ton sick.  An information is "presented" when for limitations.

13.32 Time money.  Misapplication of certain property venue

14.06 Tire Satch Arrest without warrant.  Must take offender before magistrate.

15.27 Tail neck.  Arrest under warrant.  Notification to schools required.

16.22  Dish nun.  Commitment or discharge of the accused.  Examination and transfer for mental illness

17.48  Tack roof.  Bail. Post trial actions.

18.23 Taffee gnome.  Search warrants.  Expenses for towing vehicle.

19.42 Top wren.  organization of grand jury.  personal information about grand jurors.

20.22  Nice ninny.   Duties and Powers of Grand Jury.  Presentment entered of Record.

21.23  Net mut.  Indictment and Information.  Testing for AIDS.

22.18  Ninny dive.  Forfeiture of bail.  Limitation

23.18  Tommy dive.  Return of capias

24.29  Nair nap.  Subpoena and attachment.  Uniform act to secure rendition.

25.04 Nile sore.  Service of Copy of Indictment.  In misdemeanor.

26.15  No show tail.  Arraignment correcting name.

27.18  Nike dive.  Pleadings by video conferencing.

28.14 Enough tire.  Motions, pleadings, exceptions.  Plea allowed

29.13  Nap time.  Continuance after trial is begun.

30.08  Moose safe.  Disqualification of judge.  Order of transfer.

31.09  Mutt sub.  Change of venue Use of existing services

32.02  Time sun.  Dismissing prosecution by state's attorney.

33.09 Mammy sub.  Mode of trial Jury drawn

34.05  Marry sail.  Special venire in Capital Cases.  Mechanical or electronic selection method.

35.29  Mail nap.  Formation of Jury Personal information about jurors.

36.33  Moshe mammy.  Trial before jury Discharge without verdict

37.14  Mug tire.  Verdict Acquittal of Higher Offense as Jeopardy

38.44  Muff roar.  Evidence Electronically preserved document

39.14 Mob tire.  Depositions Discovery

Saturday, December 24, 2011

Memory palace--park Federal lascivious exhibition Prosecutions and search law and indictments

18 USC 2251 (a) and (e)  Protection of Children Against Sexual Exploitation Act of 1977  15-30

18 USC 1470  transfer obscene material to minors 10 max

18 USC 2252A (a) (2) and (b)  knowingly receive or distribute child porn 5-20

18 USC 2252A (a) (5) (B) and 2252A (b) (2)  access with intent to view  max 10

18 USC 3509 (m)  any CP stays in custody of government

18 USC 2256 (2) (E) "lascivious exhibition"

18 USC 2256 (8) "is or appears to be"  Ashcroft v. Free Speech Coalition

USSG 2G2.2

4th A

1st A

18 USC 2510-22  Wiretap Act

18 USC 2701-12  Stored Communications Act

18 USC 3121-27  Pen Register and Trap and Trace

Winters v. New York 1948  magazine with bloodshed too vague

Roth v. US 1957  obscenity not protected.  "prurient interests" applying "contemporary community standards"

Ginzburg v. US  1966 marketing product as obscene supports finding of obscene

Memoirs v Mass  1966  Fanny Hill has redeeming social value

Stanley v. Georgia 1969  Private possession of pornography is legal

Miller v. California 1973  obscenity:  1 prurient interests applying community standards 2 portrays sex or excretory functions 3 No LAPS
New York v. Ferber 1982 child pornography may be banned

Osborne v. Ohio 1990 all levels of distribution chain including possession of CP banned

Jacobson v. US 1992 Entrapment on CP based on entreaties to political freedom

Ashcroft v. Free Speech Coalition  2002  But not the computer generated for possession.  Strikes down "appears to be" and "conveys the impression" it is a minor
US v. Williams 2008 pandering CP illegal even without possession

FCC v. Fox 2009 FCC may ban fleeting expletives

US v. Stevens 2010 depictions of animal cruelty language in animal crush overbroad

child porn:

Post 5th 1987 "lascivious" definition 6 factors

Villarreal 5th 1992

Kimbrough 5th 1995

Paige 5th 1998  age may be determined by lay jury without expert

Katz 5th 1999

Kallestad 5th 2000

Fox 5th 2001 not void for vagueness

Runyon 5th 2001

Grimes 5th 2001

Planck 5th 2007

Schales 9th  2008

Radley SD Tex 2009

Dickson 5th 2011

Winkler 5th 2011

Indictment cases:

Rubio 5th 1987

Buchanan 5th 2007  multiplicitous

Dodge 11th 2010

Search cases:

Hill 5th 1994

Steve Jackson Games v. Secret Service 5th 1994

Denman 5th 1995

Grosenheider 5th 2000

In re Search of Law Office 5th 2003

Froman 5th 2004

Slanina 5th 2004

Flanders 5th 2006

Perez 5th 2007

Winkler 5th 2011

Friday, December 23, 2011

Memory palace Federal Rules of Criminal Procedure

1.  Tie hanging on antique lamp.  Ape with a scope swings from one side.  Mr. Bean with a dictionary swings from the other.

2.  Noah standing on the power box in the corner.  He has a box of juice pouring it on a dirt nation.

3.  Ma is showing off the plaque on the corner of the Alonso building.  The plaque is a written complaint charging a crime.

4.  A loaf of rye breead is lying over a double globe lamp.  The loaf of rye bread is animate and getting ready to serve a search warrant.    One hand has a an ape and the other Mr. Bean.

5.  A lei is wrapped around the dental cornice on the corner of the building.  Hanging from it is an illegal immigrant who is trying to avoid dropping down into his first appreance after an arrest.  The lei has a big finger and points to a tie wrapped around a big ear.

6.  A giant red stilleto shoe fills the whole door in the green gate going into the wall.   The grand jurors are crawling under the shoe to get in. 

7.   There is an orange tree and a key is opening the orange. When the key is turned an indictment jumps out and says April Fool, M.F.

8.  On the for sale sign, the ivy is growing up to cover the sign.  The ivy is so thick, it ties a bunch of defendants up on the sign together and it ties up a lot of counts together.

9.  Around the Santa flag a bee circles and circles, really fast, and then it spins off and stings someone and that puts his heart into arrest and he drops dead, with a ape in one hand and Mr. Bean in the other.

10.  Passing a tall cactus, I notice that every spine on the cactus has a human toe stuck on it.  These are toes of people have been arraigned.  Now an arraignment says you need to have a copy of the indictment, it must be read to the person, he must plead to it and then they cut off a toe and put it on the cactus.

11.  Passing satellite dish, I notice a big fat tit bird has made is sitting in the cup of the dish.  He is like a parrot in that he has learned to talk.  He keeps saying, guilty, not guilty, nolo contendere

12.  There are two very steep porch roofs, one after another.  I notice by surpise, they are covered with tin.  Banging around on strings tied to the roof are pretrial motions from apples to eggs.  The tin roof has a big finger that comes out and points at a guy with a tie who says, "I have an alibi."  It points at Noah who has gone crazy.   It points a Ma who says, "The FBI told me to do it."  It points to a rye sandwich being eaten by a corporate CEO, who then has to tell us who his parents are.

13.  A tire cut to look like a flower pot holding a tree pops up and it is a tomb.  When you open the tomb door, you see that all of the defendants and offense have been chopped up and put in there together.

14.  A big tear falls down from the curved street light.  When I ask why he is crying, he waives to all the other street lights and says the judge is making them all go to trial at the same time.

15.  A towel is flapping from the end  of an American flag.  We are flying the white flag to give free passage to the material witness who just wants to go home.

16.  A hand reaches up to touch the bottom of the net on the basket ball goal.  Then it pulls itself up and looks in through the rim and discovers apples through grapes.

17.  A big fat tick that barely fits on the wheelchair ramp roles all the way up the ramp and then gives the guy in the wheelchair at the time of the ramp a subpoena.  The tick points to some people have a conference call and wearing ties.

18.  Two ceramic swans are watching TV.  They are saying, "What a shame, a swan should be tried in a pond where the slime is committed."

19.  A stuff bear is floating in a big ceramic bathroom tub, drowned.  He is certainly reserved.

20.  A black pit bull squats to take a shit, and when he does a nose comes out.  The nose is that of a guy who wanted to plead guilty where he was arrested, but the dog ate him first.

21.  The the jockey was holding out a nut.  I took it and ate it, but it was a magic nut and I was immediately transferred from an ape to Mr. Bean to a sea to a deer.

22.  A nun is plastered up against a red door.  She is transferred all over and has no meaning.

23.  A gnome is hanging by a chain around his neck.  A little jury is sitting they watching him strangle.  At first there are 12, but one runs away.

24.  Nero is sitting in an HEB shopping cart.  He is picking his own jury.  There are many out there but he burns up six of them.

25.  A monster nail goes clear through one yellow little house and nails it to another little yellow house.  A judge is sitting on the nail, but another one comes and knocks him off and climbs up and starts sitting on the nail.

26.  A nacho is sitting on a blue bench waiting for the bus.  While he is there he makes the other bus riders getting ready to get on the bus take an oath and testify into a tape recorder.  He says the tape recorder has a name, "Open court."  The nacho is pointing at a foreign lawyer wearing a tie.  The nacho is pointing at noah who is pulling a witnesses statement out of his ass.  The nacho is pointing at Ma who introduces her daughter, little Miss Trial who is very vain and wants both the lawyer and the prosecutor on each hand to give her consent to marry.

27.  The angel leans her head back and shows her neck.  Tattooed across her neck it says, "Official Record."

28.  A long bowie knife slices the agave plant off at the base.  The plant is perfectly bilingual and starts complaining in Spanish and then tranlating to English.

29.  A nib filled with ink colors in the plywood covering the windows with thick black ink.  There are four windows, ape through deer.  Out of each one is an innocent person who has been judged acquitted.  The nib points at two sides arguing with each other with ties on.

30.  A seven foot tall mouse stands at the door of the restaurant.  The mouse is instructing the jurors to go in and eat.  Walking them through the doors like bailiffs are ape through deer.

31.  A magic flying welcome mat lifts me up and carries me over to the barber pole.  Written on the red stripe of the barber pole is a jury verdict, ape through deer.

Down sixth street to federal courthouse.

32  Moon on Peter's sign.  Sentencing and judgment  32.1  Revoking probation  32.2 criminal forfeiture

33  Mummy jumping out from corner of house has arisen  from the dead.  New Trial

34  Mower cutting down bushes on side of house.    Has cardiac arrest and falls down on judge eating a mint.

35  Mule waives a magic wand and makes a sandwich tiny.  Correcting or reducing sentence

36  Match burning up trees on corner.  Clerical error.  A priest with a calculator made a mistake.

37  Mike.  reserved

38  Mafia don stares at a sandwich.  Staying a Sentence or Disability

39  Mop  reserved.

40  Rose hanging from window at Anthony's office.  A guy has a heart attack and falls clear into another district.

41  Rat giant laying on curved driveway has stuff hidden in its fur and we search and seize it.

42  Rain forest in yard full of plants.  A contemptuous criminal is hiding out in there.

43  Ram runs all over an empty lot knocking down for sale sign.  He has defendant on his back.  Defendants Presence When Required When not required.

44  Rower rings the bell in the tower every time he rows.  He is pulling a lawyer to a client.   Right to and Appointment of counsel.

45  Rail road runs through road.  Train shrinks time.  Computing and extending time.

46  Roach sits over the tortilla factory.  Alejandrina rides on its back.  Release from custody; supervising custody.

47  Rake pushes around motions and affidavits.

48  On the roof, missles are shooting off, fast.  Dismissal.    Unnecessary delay.

49  Rope is a waiter serving paper plates and then taking a file and filing them down.

50  Louse is carrying defendant really fast on his shoulders.  Prompt disposition of criminal cases.

51  Loot is brought up to the judge and passed to him to preserve error

52  Lion is harmless and plain and always wrong

53  Lamb is trying to take photographs in the courtroom when he is shot.

54  Lyre teleports to the tie.

55  Lily has records hanging down from it.

56  Leech coming out of the driveway has door opening to get into Court

57 A lake in the hallway has the local rules down at the bottom.  District Court Rules.

58  Lava spews out petting fences and other Miss Dimers.

59  Mustache, on roof with Felix' face.   Magistrate.

60  Cheese.  Slab with victim lying on it.  Victim rights.

61 Sheet waiving in front of courthouse with Federal Rules of Criminal Procedure written on it.
1
 

Sunday, December 18, 2011

Rule 803 Hearsay exceptions -- declarant available

803 fuse ma   f=8, s=0, m=3


Ma was born conjoined.  There are two of her and she has four hands and four feet.  She is very permissive and wants to let the horsey in the house whether or not there is a rider (she weirdly calls the riders "declarants") who can witlessly voice his desire to enter the house.    She is buddies with Nero (24) and there are 24 reasons she will accept the let the horsey in.

Rule 803:  The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness:

Rule 805: fossil-- a horsey within a horsey

805  fossil  f=8, s=0, l=5.


We go to a big museum and they have a full fossil of the skeleton of T-rex.  We notice that inside the fossil's stomach there is a horsey.  We reach inside and pop the top off the horsey and there is another, smaller one, inside that.  We ask how those horseys got in the fossil and are told that each part of the combination of horseys conforms to an exception to the rule.  We look over at fusema (803) and the police officer (804) and they both nod that this is true.

Rule 805.  Hearsay within hearsay.

Hearsay within hearsay is not excluded by the rule against hearsay if each part of the combined statements conforms with an exception to the rule.

903 possum is subscribing witness to a will

possum   p=9, s=0, m=3.  You have a friend who is an idiot lawyer, but he said he would help you with your will, because he writes a lot of wills.  You wait for the subscribing witnesses to show up to witness the will and in walks a giant possum.  You wonder how he will testify later and the lawyer tells you a subscribing witnesses testimony is unnecessary, unless the Texas Ranger outside wants it.

Rule 903.  Subscribing Witness's Testimony
A subscribing witness's testimony is necessary to authenticate a writing only if required by the law of the jurisdiction that governs its validity.

Saturday, December 17, 2011

Rule 801(a) Straight Man ape waiving around his fist

801 is fist. 8=f, 0=s, 1=t. He pounded his fist on the table and said "define your terms" before you open your mouth.

(a) is ape. The ape comedian, waiving his fists in the air, insisted on telling everyone what a straightman was.


A straight man moans a purse's oral insertion, written insertion or non-gerbil insertion, if the purse intended it as an insertion.

The straight man ran away from his comedian and moaned sadly that he had found a purse with a mouth on it that you could use as a microphone and talk into it. You could also put letters in it like a letter box. But you could not put in gerbils, but any non-gerbils, like maybe a hamster that could conduct an orchestra, you could put in if the purse wanted to do so and intended it as an insertion.

A statement means a person's oral assertion, written assertion or non-verbal conduct, if the person intended it as an assertion