The Wright Firm's Weblog

Pole Tax?

The Texas Supreme Court upheld a $5 per patron fee requirement on establishments that provide both nude dancing entertainment and serve alcohol.  The so-called “Pole Tax” was challenged on First Amendment freedom of expression grounds.  The idea being that a forcing nude dancing clubs to pay this tax is a restriction on the dancers’ freedom to express themselves via gyrating naked.

The Texas high court was careful to make the distinction that the tax only applies to establishments that offer alcohol. In its opinion, the Court stated that the tax is not directed at the dancing itself, but rather at the “secondary effects” of naked dancing and alcohol consumption combined.

For the Court’s full opinion* click here: http://alt.coxnewsweb.com/shared-blogs/austin/courts/upload/2011/08/supreme_court_upholds_texas_po/pole%20tax%20opinion.pdf

*in case you’re curious – take a look at footnote 4 on page 2  for the definition of “nude” – it takes a lot less nakedness to be “nude” than you might think.

For the original ABA Journal article click here: http://www.abajournal.com/news/article/texas_supreme_court_upholds_nude_dancing_customer_fee

For more information about Texas law contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com.  

Up to Speed!

As of September 1, 2011, many state highways are getting an upgrade in speed limit.  The Texas legislature passed several new traffic-related laws in this legislative session, the speed limit increase being among the lot.  In some parts of the state, drivers will now be allowed to tear up the black top at as high as 85 miles per hour.  This blogger has not heard official word as to whether the new speed limit laws will have an effect on Dallas County’s (incredibly frustrating) 60 mph limits.

Detractors of the new speed limits cite the increase in cost of commute due to lower fuel efficiency at higher speeds, as well as a rise in gasoline consumption as the basis of their nay-saying.  The rest of us just can’t hear them over the sound of our engines revving.

Original article from the Dallas Morning News can be found here: http://www.dallasnews.com/news/transportation/20110828-speed-limits-rise-under-new-texas-traffic-laws.ece?action=reregister

For a discussion of potential pitfalls of the law see here: http://abcnews.go.com/Business/texas-moves-raise-speed-limit-85-mph/story?id=13319173

For information on Texas law contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com 

Going to the Dogs

Service animals such as seeing-eye dogs have long been permitted in courthouses across the country.  However the use of therapy dogs to assist children and the developmentally disabled in testifying has some defense attorneys barking mad.

A New York criminal court allowed Rosie, a specially trained golden retriever, to sit at the feet of a 15 year old rape victim at the witness stand as the girl testified.  When the witness seemed to be struggling, the dog would lean in or nudge her.  The witness and prosecution claimed that the only reason the girl was able to make it through the emotionally devastating testimony was because Rosie was there to encourage her.  The prosecutors firmly believe that canine assistance can be the difference between an acquittal and a conviction.

But that’s exactly the defense’s complaint.  Defense attorneys are now appealing the conviction.  There position is essentially that the dog by its inherent “cuteness” and innocence causes jurors to give undue credence to a witness’s testimony.  The therapy dogs are trained to detect stress, but the defense argues that the stress could be caused by the emotional nature of the testimony OR by the witness’s stress about giving false testimony.  Bottom line?  The jury believes the dog, not the witness.

The appeal is expected to go before the New York state Supreme Court.  The state of Washington already permits some therapy animals in the courtroom.  Here in Texas, the Children’s Advocacy Center of Johnson County has started a therapy dog program, and the Harris County District Attorney’s Office has a “Paws and Order: SDU” program; however the canines in these programs are for out-of-court interviews and not actually allowed to the witness stand.

The original article can be found here: http://today.msnbc.msn.com/id/44063161/ns/today-the_new_york_times/t/courtroom-dog-helps-young-rape-victim-testify/

For information on Texas law contact The Wright Firm at 972-353-4600 or visit us on the web at www.thewrightlawyers.com. 

Back to School Zones!

Parents across the Dallas – Ft. Worth area sent their kids back to school on Monday.  The parents and students (for very different reasons) have been counting down the days for a while now.  However, for some of us, the first alert we get that school is back in session is a flashing light on that “School Zone” sign on our morning commute.  Parent, student or otherwise, better heed those school zone signs!

Everyone (hopefully) knows that you have to obey the speed limit in a school zone when that zone is in effect.  However, there is still some confusion surrounding  the rules about using a cell phone while in a school zone.  The Texas Transportation Code says that a driver may not use a wireless communication device (cell phone) within a school zone unless the car is stopped or the communication device is being used “hands-free”.  (See Tex. Trans. Code §545.425)  The phrase “wireless communication device” most commonly refers to cell phones, but can include potentially any device that uses a wireless carrier.  So, it’s possible that your 3G/4G capable iPods, iPads and e-readers are included (but let’s hope you aren’t reading while you drive anyway).

You should also check on the city laws in your area about school zones and cell phone use.  For example the city of Austin, TX, has banned texting while driving – whether in a school zone or not.  Best rule of thumb?  Keep your eyes on the road, your hands on the wheel, and just call that person back later.

The Wright Firm wishes everyone a safe and happy school year!  For more information on Texas traffic laws contact The Wright Firm at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com. 

 

Bieber is Back!

Caroline Gonzales, the 11-year-old “Mayor-for-the-Day” of Forney, Texas, received the good news that the street sign for Justin Bieber Way has been returned.  Naming a portion of the town’s Main Street after the teen pop sensation was one of the first ministerial acts performed by the mini-Mayor.  Gonzales won the honor of being Forney’s temporary mayor through a Facebook contest.

The town had intended to only leave the Bieber street sign up temporarily. Gonzales would then be allowed to keep the sign.  However, sometime Wednesday evening the street sign was stolen.  It has since come to light that two local teens were playing around and caused the street sign to break.  In what is being called an “uh-oh” moment, the teens bolted with the sign.  One of the perpetrators parents turned them in.

All the drama surrounding Justin Bieber Way has generated some unanticipated media attention for small-town Forney.  Local officials are now contemplating leaving the replacement street sign (now guarded by surveillance cameras) in place until a certain Teen Idol comes to town to autograph it!

Original stories can be found here: http://www.the33tv.com/about/station/newsteam/kdaf-main-street-in-forney-renamed-justin-bieber-way-20110816,0,4290128.story

Here: http://www.examiner.com/crime-in-dallas/forney-s-justin-bieber-way-street-sign-stolen

And here: http://www.dallasnews.com/news/community-news/ellis-kaufman/headlines/20110819-teens-return-sign-renaming-forneys-main-street-after-pop-star-justin-bieber.ece

 

For information on Texas law contact The Wright Firm, L.L.P. at 972-353-4600 or visit us onthe web at www.thewrightlawyers.com 

 

Once Bitten…

A man in Galveston, Texas, has been charged in a bizarre case of home burglary and assault, tinged with gothic horror.  The man, 19-year-old Lyle Bensley, broke into his victim’s apartment, slammed her against the wall and attempted to suck her blood.  He was later found hissing and growling in a parking lot by police.  Bensley, dressed only in his skivvies, informed police that he was a 500-year old vampire and need to “feed.”  Unsurprisingly, Bensley is now in jail awaiting a psychological evaluation.

The attack has sparked a discussion of pop culture’s fascination with Vampire lore.   Books like Anne Rice’s Vampires Chronicles, and most recently Stephanie Meyer’s Twilight Saga and Charlaine Harris’s Sookie Stackhouse series (as well as the movies and TV shows they respectively spawned) have certainly capture the popular imagination.  But has the fascination gone too far?

Bensley is not the first criminal to follow a “vampiric” pattern.  In 1996, a 16-year-old obsessed with a vampire role-play game enlisted 3 friends to attempt to kill the parents of his ex-girlfriend.  In 1998, a San Francisco man claiming to be a 2,000 year old vampire slit the throat of four homeless people.  Even as far back as 1949, an English serial killer reportedly drank a cup of blood from each of his victims.

Anne Rice is quoted as saying she believes, “the vampire is a metaphor for the outsider and the predator in all of us.”  While a little bit of fictional fantasy is probably ok, even healthy, if you are really feeling some dark or predatory urges – best keep your fangs to yourself.  The cops are not likely to believe you’re a thousand year old vamp, and going to jail?  Totally bites!

Original article can be found here: http://www.reuters.com/article/2011/08/17/us-vampire-culture-texas-idUSTRE77G6I920110817

If you want additional information on Texas law, contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com 

Gettin’ the Loot!

After London was rocked by four days of rioting, looting and fires, police have now charged the 1000^th person for participation in the mayhem.  The acting police chief is urging citizens to turn in anyone they believe to be associated with the rioting and not to, “…let them get away with it.”  Can it ever be legal to loot?

 

Well, the short answer is surprisingly “Yes” but only under very limited circumstances.  Most jurisdictions recognize the defense of “necessity” to a criminal charge; in this instance, looting is criminally considered theft.  The basic premise of a necessity defense is that the accused had no choice but to break the law in order to protect himself and others from death or serious bodily harm.

 

So, if a looter took a baseball bat to save his life from being ending by a gang of rioters, necessity may be a plausible defense.  On the other hand, if a looter takes a 50-inch plasma TV because he thinks he’ll die if he misses an episode of The Real Housewives… not so much.

 

The Texas Penal Code does recognize the defense of necessity if three conditions are met (see TPC §9.22):

1) you reasonably believe your conduct is immediately necessary to avoid imminent harm;

2) the urgency of avoiding the harm clearly outweighs the damage caused by breaking the law; and

3) the actual law you broke doesn’t specifically exclude using the necessity defense.

 

Bottom line, unless you are stealing a shotgun to protect your family from the Zombie Apocalypse (link 1) (link 2), better not go looting.

 

For more on this, see original article on Necessity here: http://criminallawnewsnow.com/2011/08/is-it-ever-legal-to-loot/

 

Article on arrests in the London riots here: http://www.msnbc.msn.com/id/44172456

 

For more information on Texas law contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com . 

 

Breakup Bling!

I would hazard to wager that most women have at least one or two pieces of jewelry left over from past fizzled relationships - be it a wedding ring still shoved in a dresser drawer post divorce, or that “Tiffany” necklace that turned out to be as true as the boy that gave it to you.  These days, new websites are popping up that allow women (and men) to turn that break-up jewelry into cash when, as one site put it, “You don’t want it, but he can’t have it back.”

Many people feel awkward walking into a pawn shop and hocking what was once a treasured item.  Not to mention, pawn prices are frequently not anywhere near as high as one would hope.  The sites give the broken hearted not just a place to sell their jewelry for closer-to-market prices, but also in some cases has the cathartic benefit of allowing the seller to tell his or her story.  One such site, www.exboyfriendjewelry.com actually requires those listing items for sale to include the breakup story in their listing.

It’s not just “regular” gals selling their jewelry either!  Celebrity exes like Jennifer Lopez and Ellen Barkin reportedly have had their breakup gems sold at auction. For those of us who don’t quite have enough of a collection to merit our own auction, or even for folks looking for a good deal on slightly used jewelry, these websites might be worth a look.

If you are going through your own break up, just a reminder – under Texas Family Law, anything that you receive as a GIFT or owned PRIOR TO the marriage (and engagement rings tend to fall into both categories) will fall under the definition of separate property.  Separate property is NOT subject to being divided up by a divorce court.

Need help with your Texas divorce?  The Wright Firm is here to help you!  Give us a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com.

Video of the original Nightline story can be found here:  http://abcnews.go.com/nightline.  Text of the story can be found here: http://abcnews.go.com/US/lead-celebrities-ordinary-women-sell-break-bling/story?id=14307992

 

The Texas Small Estate Affidavit

Texas Small Estate Affidavits are authorized by Section 137 of the Texas Probate Code and are advantageous because the procedure allows the heirs to expeditiously transfer title to homesteads, automobiles, and pension/profit sharing plans, while avoiding costly probate proceedings. Small Estate Affidavits may be used in the following situations:

 1.       No petition for the appointment of a personal representative is pending or has been granted;

2.       Thirty (30) days have elapsed since the death of the decedent; and

3.       The value of the entire estate, not including homestead and exempt property does not exceed $50,000.

The Application for Small Estate Affidavit has strict requirements that must be met pursuant to the Property Code. If you need help filing a Small Estate Affidavit or simply have further questions regarding Small Estate Affidavits, please call the Wright Firm today at 972-353-4600 or visit our website at www.thewrightlawyers.com

 

Heartbreak Hotel!

A company in the Netherlands is now offering “Divorce Hotel” services.  The concept was created by Dutchman Jim Halfens.  As part of the divorce weekend package, a divorcing couple receives two nights in the nights in the hotel, legal counsel for each spouse, a notary public and a psychologist.  An estate planner, on-site child care and even a bottle of champagne to toast the divorce are available a la carte.

Halfens says that this is less like a weekend getaway for the couple and more like a structured business conference.  The first meeting begins bright and early Saturday morning after breakfast and continues with very little breaks until a deal is reached – even if that’s late into Sunday night.  The weekend divorce deal is not suited to complex property divisions or hotly contested custody cases.  However, for sensible couples who “won’t smash the furniture” and don’t want to miss work for court hearings or mediations, the “divorce hotel” offers an unusual solution.

No similar service is available stateside right now, but the Wright Firm is always open to creative ways of resolving your divorce case!  We have two family law attorneys trained in collaborative law, and we also offer flat-rate plans for uncontested divorces.  To learn more about these services, check out our websites at www.thewrightlawyers.com and www.NoFrillsTexasDivorce.com! 

Original article can be found here: http://www.nzherald.co.nz/lifestyle/news/article.cfm?c_id=6&objectid=10744656