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Thread: Honor student placed in jail for tardiness and truancy at school

  1. #111
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    Re: Honor student placed in jail for tardiness and truancy at school

    The video says she works fulltime at X place, and part time at y place. I know that's a lie so I don't trust the rest. I was in a similar situation at her age, and know full well that she wouldn't have been allowed to do that. You are only allowed something like 32-34 hours, and need permision of the state for even that much and no more if still in high school.

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    Re: Honor student placed in jail for tardiness and truancy at school

    The rules are rules. When there is a need to reevaluate a certain case because of extraordinary circumstances, the student can appeal. After all, this is an actual court, not a school discipline board.

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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Kal'Stang View Post
    I just looked through this whole thread and didn't see anything that said that he had a choice.

    Also a top lawyer in Texas said that the Judge more than likely didn't have a choice. As shown in my link in post #96.
    Your "top lawyer" did not know what he was talking about. This issue was raised in post 46 and rebutted in post 47.(below)
    Quote Originally Posted by Excon View Post

    E. Tay Bond, a well-known Houston defense attorney, said the judge likely had no discretion to avert a jail sentence.

    "There's no legal exception that I’m aware of that if you're an honors student, you’re allowed to exceed a maximum number of unexcused days under the Texas Compulsory Education Laws," Bond told FoxNews*com. "Twenty-four hours would be about the minimum period of confinement to make a point.
    Quote Originally Posted by Connery View Post
    I addressed this previously in post 14. Your "authority" cites that the law does not excuse "honors students" and he is correct, but, that is not the issue whatsoever. The issue is whether Ms. Tran's absences could have been excused by the judge using his discretion and the answer is yes.

    For your convenience I will repost the relevant part of the statute. Also note that the above authority you rely upon has no idea what the hell he is talking about and is a legal malpractice case waiting to happen.

  4. #114
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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Connery View Post
    This issue was raised in post 46 and rebutted in post 47.(below)
    And your rebuttal was shown to be wrong.
    Because the Judge just can't use his discretion that he doesn't have.
    He just can't say - I excuse your absences.
    She has to move the court, and make a showing by a preponderance of the evidence, before the Judge can rule in her favor.
    She didn't do that, and based on the information we have, she wouldn't have been able to do that.

    So he doesn't have that discretion, that you say he has.

    But since you do not understand that, you came back in and used the same failed argument you used before.

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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Excon View Post
    Sorry I didn't know you were the judge of all judges. lol
    I am on this one. He has been previously cited for ethics violations and paid a civil penalty, he violated Ms. Trans civil rights and committed another ethics violation...

    His decision was fine.
    No he vacated his judgment as requested by the District Attorney.



    Anybody who is complaining about her paltry 24 hours is crying over spilted milk.

    She was given a chance but didn't follow the Court's orders. She received far less than she should have been given for her contempt.
    Wrong




    Quote Originally Posted by Excon View Post
    And your rebuttal was shown to be wrong.
    Because the Judge just can't use his discretion that he doesn't have.
    He just can't say - I excuse your absences.
    She has to move the court, and make a showing by a preponderance of the evidence, before the Judge can rule in her favor.
    She didn't do that, and based on the information we have, she wouldn't have been able to do that.

    So he doesn't have that discretion, that you say he has.

    But since you do not understand that, you came back in and used the same failed argument you used before.
    Throughout this thread you have relied on faulty reasoning, ignored both facts and the law and have injected phantom facts into this issue.

    The judge saw the "light",

    "Moriarty, at the Montgomery County District Attorney's request, signed an order that vacates the contempt of court conviction that sent Diane Tran to jail last week. The decision clears the way for the issue to be expunged from her record.

    The action was taken, in part, after Moriarty looked at the extenuating circumstances that had resulted in Tran missing school(discretion) and because her court summons had failed to notify her of her right to an attorney or to have one appointed for her" The judge violated her right to an attorney, he did not conduct a fair and meaningful hearing. "Judges, however, must balance considerations of fairness to represented parties with due process requirements mandating that pro se litigants receive meaningful hearings." He is commanded to do so as a matter law and the "Code of Judicial Conduct CANON 3"*

    Charges dropped against honor student jailed for truancy - Houston Chronicle

    * http://www.debatepolitics.com/breaki...post1060547062

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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Veritas View Post
    The rules are rules. When there is a need to reevaluate a certain case because of extraordinary circumstances, the student can appeal. After all, this is an actual court, not a school discipline board.
    On some level, however, throwing someone into jail for this seems like not the best use of jail. We already jail the largest percentages of our adult population than any other industrialized nation, we need to be looking at ways to stop that; not increase it.
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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Dragonfly View Post
    Honor student placed in jail for tardiness and truancy at school - Yahoo! News

    Does anybody support and condone the judge's actions and words????
    Not me. **** that judge. On top of the fact that Tran is in advanced placement courses, she's also working two jobs. This judge needs to be unseated, because this has got to be the biggest bull**** ruling I've heard in a long time.
    I love the NSA. It's like having a secret fan-base you will never see, but they're there, watching everything you write and it makes me feel all warm and fuzzy inside knowing that I may be some person's only form of unconstitutional entertainment one night.

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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Lokiate View Post
    Not me. **** that judge. On top of the fact that Tran is in advanced placement courses, she's also working two jobs. This judge needs to be unseated, because this has got to be the biggest bull**** ruling I've heard in a long time.
    Um, what does the law say? If school attendence is mandatory, what choice does the judge have? All truants have 'reasons' but the point of the law is not to have judges waste taxpayer money evaluating them, but to force school attendance. If you don't like the law then get it changed, don't blame the police or the judge for enforcing it. Is it OK for the hungry to steal food, the homeless to sleep on your porch, drivers speeding down the roadway in 'emergencies' or for the execution of 'dirtbags' that just plain needed killing?
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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Ikari View Post
    On some level, however, throwing someone into jail for this seems like not the best use of jail. We already jail the largest percentages of our adult population than any other industrialized nation, we need to be looking at ways to stop that; not increase it.
    You would prefer a $100 fine?
    “The reasonable man adapts himself to the world: the unreasonable one persists to adapt the world to himself.
    Therefore all progress depends on the unreasonable man.” ― George Bernard Shaw, Man and Superman

  10. #120
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    Re: Honor student placed in jail for tardiness and truancy at school

    Quote Originally Posted by Connery View Post
    Throughout this thread you have relied on faulty reasoning, ignored both facts and the law and have injected phantom facts into this issue.

    The judge saw the "light",

    "Moriarty, at the Montgomery County District Attorney's request, signed an order that vacates the contempt of court conviction that sent Diane Tran to jail last week. The decision clears the way for the issue to be expunged from her record.

    The action was taken, in part, after Moriarty looked at the extenuating circumstances that had resulted in Tran missing school(discretion) and because her court summons had failed to notify her of her right to an attorney or to have one appointed for her" The judge violated her right to an attorney, he did not conduct a fair and meaningful hearing. "Judges, however, must balance considerations of fairness to represented parties with due process requirements mandating that pro se litigants receive meaningful hearings." He is commanded to do so as a matter law and the "Code of Judicial Conduct CANON 3"*

    Charges dropped against honor student jailed for truancy - Houston Chronicle

    * http://www.debatepolitics.com/breaki...post1060547062
    Note the bold part there. It was not the judge that failed to provide for the attourney. The summons failed to mention that she had a right to an attourney. So she probably never asked for one. As such that is not the judges fault.

    Also the article also does say that...

    "During her court appearance, however, Tran never revealed any personal struggles to the court."

    Remember, the law says that she is the one that has to show reason as to why those absenses should be excused.

    In anycase I think that someone should be looking into this families life. It sounds like the dad never actually left...he just works far away and as such is rarely home. That doesn't seem right to me for him to be leaving his kids like this.
    I have an answer for everything...you may not like the answer or it may not satisfy your curiosity..but it will still be an answer. ~ Kal'Stang

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