LLIdiot continues to babble to his expansive audience of one. Originally Posted by bigtex
No charge and no corrections necessary.
Still don't have anything of substance to contribute, do you? Originally Posted by LexusLoverJust trying to give you a dose of your own lack of substance!
Correct. 100%. But the TRUTH is the Texas Court of Criminal Appeals did not decide the case on whether or not "a check is money" ..... I just finished reading the Court's opinion in its entirety and copied several "bullet" points upon which the Court based its opinion, which was an evaluation of the underlying offense of "money laundering" for which Delay was convicted.Thread topic subject matter comment.
I did not see any phrase that concluded or paragraph evaluating the definition of "check" as being money or not being money.
http://lawprofessors.typepad.com/fil...e-of-texas.pdf
Here are the quotes on the deciding points in the opinion:
"Ultimately, we agree with the court of appeals that the appellant’s convictions cannot stand because there is no possible view of the evidence that can establish that any transaction alleged to comprise money laundering involved the proceeds of a felony violation of the Texas Election Code, under either theory of criminal proceeds.
There is nothing in the record to show that the appellant knew that he was conducting, supervising, or facilitating a transaction that involved the proceeds of criminal activity. The State has failed to establish the requisite culpable mental state to prove the offenses of money laundering and conspiracy to commit money laundering.
However, as we read Section 34.02(a)(2) of the Penal Code, it is an element of the offense of money laundering that the actor was aware of the fact that the money he is purported to have laundered was the proceeds of felony criminal activity. The federal money laundering statute similarly requires knowledge that the funds constitute ill-gotten gains. See 18 U.S.C. 1956(a)(1) (“Whoever, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity . . . .”); United States v. Morelli, 169 F.3d 798, 804 (3d Cir. 1999) (one of the elements of money laundering under this provision is “knowledge that the transaction involves the proceeds of some unlawful activity”).
Because the State has failed to prove that the corporate contributors harbored the requisite mens rea to establish an offense under the Election Code, we agree with the court of appeals that it has not established that the money conveyed by TRMPAC to RNSEC constituted the proceeds of criminal activity for purposes of money laundering or conspiracy to commit money laundering."
Fortunately, for ALL OF US, regardless of political affiliation or point of view, the Texas Court of Criminal Appeals (regardless of political affiliation) requires a defendant to be proven to have possessed the requisite criminal intent on the elements of an offense to sustain the defendant's conviction.
Otherwise anyone communicating with a provider or walking into the door of any location in which illegal activity has occurred would support a conviction REGARDLESS of whether the "anyone" actually intended to engage in the activity which was considered illegal in the past.
Irrespective of party affiliation that is why I prefer to have judges who are "strict constructionists" who require prosecutors to follow the specific requirements of "the law" and insist on sufficient proof to establish each and every element of an offense to support a conviction. Originally Posted by LexusLover
Is that kinda like the Democrat Controlled Cesspool in the White House? Originally Posted by LexusLoverPlease tell me the difference between the Democrat Controlled Cesspool in the White House and the GOP Controlled Cesspool in Texas at the state level.