i was, again, pretty impressed with judge cochran's concurring opinion. whatever she takes to keep from getting robe-itis, i wish it could be bottled and sold.

Original author and voting blocks on Bauder:

Opinion Judge Meyers, (Judge White and Keller dissent). Concurring opinion Judge Clinton. Concurring opinion Judge Baird. Concurring opinion Judge Maloney. Dissenting opinion Presiding Judge McCormick. Dissenting opinion Judge Mansfield.

Author for reversal and voting blocks:

Keller, P.J., delivered the opinion of the Court in which WOMACK, KEASLER, HERVEY, and COCHRAN, JJ., joined. COCHRAN, J., filed a concurring opinion. PRICE, J., filed a dissenting opinion in which MEYERS, and HOLCOMB, JJ., joined. JOHNSON, J., dissented.

The only two judges that participated in the original decision and the reversal were Keller (who authored the reversal) and Meyers (who authored the original opinion). A nice symmetry.

Note that it also took 10 years from the original opinion to achieve a reversal. So, apparently, you need 10 years of bad law to prove a test is unworkable.

Clueless v. State was decided in 1996. It's due.

[This message was edited by JB on 01-10-07 at .]

kudos to the folks in tarrant county (and the SPA, as well?) that did all the appellate heavy lifting. good job.

The last time a case of this magnitude was reversed, seems like another prosecutor from Tarrant County was involved -- Chris Marshall who got the circumstantial evidence instruction overruled. He now is remembered through TDCAA's Annual Chris Marshall Distinguished Faculty Award.

Jeff Van Horn did the PDR and the Brief on the Merits.

Good for Jeff. Now, if he can just get them straightened out on lesser included offenses . . .

Well done Fort Worth for setting it up and well done SPA's office for taking care of it!! An awesome team.

Proposal for new chant:

"Bauder dead, Clueless next,
Then we'll beat up on all the rest!"

It must be a British thing . . .

i blame soccer.

I know you can all do better. I am just deliriously happy about the outcome.. Since Ep Peterson, I wanted to vaporize Bauder

I am glad Bauder is dead - now maybe we will get our opinion in Masonheimer. The 11th COA got it right to begin with when they ruled it was not pros misconduct even under Bauder and Peterson.

Jeff, Matthew and Betty have all been a huge help over the years.This office is extremely important for those of us in small offices who don't have an appellate staff.They are a great resource and nice people too!!! Please support them.