Day: November 9, 2010

BREAKING NEWS – Zach files reply: Cites 5th Circuit and argues what Government

Will update later today.  Just stopping by to link Zach’s [Defendant’s] Reply Memorandum in Support of His Motion to Vacate His Conviction – safe to say he knows his Skilling – and list the points he argues the Government  contest and “therefore effectively conceded”

The Government’s Response in Opposition (D.E. 309) has dramatically narrowed the issues in this case. See, U.S. v. Branch, 91 F.3d 699, 752 (5th Cir., 1996)(where Government’s brief “did not contest” a point raised by a Petitioner, it “therefore effectively conceded that point”). Pursuant to 5th Circuit doctrine, the following claims are no longer contested issues:

•That, under Whitfield v. U.S., 590 F.3d 325 (5th Cir., 2009), the Petitioner is innocent of the three counts of federal programs bribery alleged in the Indictment under 18 USC § 666. With these three counts legal nullities, all that can remain are the honest services counts – and after Skilling v. U.S., these require beyond-a-reasonable-doubt proof that Petitioner bribed or conspired to bribe Judge Lackey.

•That, under U.S. v. Skilling, 130 S.Ct. 2896 (2010), the Court had no jurisdiction to accept a guilty plea nor pass sentence on the misprision of felony to which Petitioner pleaded guilty.

•That the Government misled the Court when it assured the Court that it had 404(b) testimony from Joey Langston that “implicated” Petitioner in any attempt to bribe Judge DeLaughter, a representation that it never sought to correct for two and a half years despite countless opportunities to do so. Continue reading “BREAKING NEWS – Zach files reply: Cites 5th Circuit and argues what Government”

Any volunteers? Allstate asks Commissioner Chaney for hearing – but “good hands” don’t want his ear!

This past September SLABBED reported the Commissioner kept his promise when he denied Allstate’s request for a 44% rate increase this past September.  The Sun Herald is now reporting, Allstate Seeks Hearing on Rate Increase Denial:

Allstate Property and Casualty Insurance Co.’s has requested a hearing on the denial of its 44 percent rate increase for Mississippi customers.  Insurance Commissioner Mike Chaney tells The Sun Herald that he plans to schedule the hearing for some time in January. The Mississippi Insurance Department concluded in September the increase was unjustified, but Allstate argues it is warranted.

The commissioner usually hears appeals. Allstate has asked that Chaney appoint someone else because he already has stated he will not approve the increase without a court order. Allstate requested the rate hike in March, after Chaney had rejected the company’s request for a 65 percent increase. (emphasis added)

BS spilling at BP “non-political[sic], independent[sic] commission – “seemingly acceptable risks adding up to disaster”

Oh, come now – even the Easter Bunny is political in Washington – but the American people are supposed to believe the Commission investigating  BP’s gulf oil spill disaster is conducting  a “non-political, independent” inquiry.  According to today’s Sun Herald, the Commission was on a roll yesterday.

The commission came up with 13 preliminary temporary conclusions. Like BP, it found that the oil and gas traveled up the center of the pipe in the well, rather than up the sides — a finding that was disputed by Halliburton on Monday. The company has been criticized by the panel’s investigators for pumping faulty cement and having tests in hand that showed it would fail. If the blowout started in the space between the pipe and the underground rock, Halliburton’s cement would be less of a factor.

However, the Commission can’t roll over the evidence.   Judge Barbier snatched prize eggs –  the blown out blowout  and, more recently, cement from the well – and put them in his basket.

Like kids who can’t find where the eggs are hidden, the Commission’s investigators testifying yesterday said, the ” BP oil rig explosion and spill wasn’t about anyone purposely trading money for safety…Instead it was more about seemingly acceptable risks adding up to disaster”: Continue reading “BS spilling at BP “non-political[sic], independent[sic] commission – “seemingly acceptable risks adding up to disaster””

Rut Roh! Its double trouble Gretna style. An update from the pig pen.

Jarvis DeBerry and the Times Picayune editorial board have called out that dishonest piece of crap/school board member Mark Morgan today in separate articles and I noted that many members of local hog pack were mentioned such as Morgan and Judge Kurt Engelhardt whom along with Chris Roberts, Tom Capella and Arthur Lawson will form the basis for this post. First up is T-P columnist Jarvis DeBerry who takes Morgan out to the woodshed over his lack of honesty:

“I didn’t speak,” this paragon of honesty said. “I made comments.”

And now the Editorial Board of the T-P chips in on the same topic:

Mr. Morgan is waging an all-out campaign against the probe and administrators. That’s troubling, especially in light of Mr. Morgan’s role in Gretna No. 2’s admissions process on behalf of a family member. Continue reading “Rut Roh! Its double trouble Gretna style. An update from the pig pen.”

The understatement of the century

Yesterday evening Rich Rainey checked in with the latest from the Jefferson Parish revolving door and I had to laugh at this blurb in his story:

Jefferson’s political climate has remained acrid as Young switches from Parish Council chairman to parish president. Elected officials have been frequent targets of distrust from residents who appear at public meetings.

Last week’s bait and switch by Young and the Parish Council is certain to engender trust with the populace eh?

Forget about it!

sop