Judge denies motion to quash Twin Peaks indictment

[Elderberry]

WacoTrib by Tommy Witherspoon 8/17/2018

A McLennan County judge on Friday denied a motion from Twin Peaks defendant Marcus Pilkington to quash the May rioting indictment against him on procedural grounds.

Judge Matt Johnson of Waco's 54th State District Court, who conducted a hearing July 27, issued his ruling in a brief order Friday, saying only that the motion is denied.

---Pilkington's attorney, Paul Looney, of Houston, alleged in his motion to throw out the indictment that the manner in which the state sought the riot indictment violates accepted procedures. Looney charged that prosecutors should have dismissed the original indictment and then sought a new indictment under a new cause number. Instead, Looney argued, prosecutors improperly obtained the new indictment under the same cause number and did not indicate which charge they intend to pursue.

Prosecutors countered that they have followed the same procedures in this county for at least the past seven years and that higher courts have affirmed the practice.

Looney said he is not surprised by Johnson's ruling. He intends to ask Waco's 10th Court of Appeals to order Johnson to grant the motion through an application for writ of mandamus. However, he is not hopeful that will be granted either, Looney said.

More: https://www.wacotrib.com/news/judge-denies-motion-to-quash-twin-peaks-indictment/article_86649f94-69f4-5940-a09b-7875451b9e71.html?utm_medium=social&utm_source=twitter&utm_campaign=user-share

[Elderberry]

 Biker attorney asks judge to throw out indictment

   WacoTrib By TOMMY WITHERSPOON  Aug 27, 2018

https://www.wacotrib.com/news/courts_and_trials/biker-attorney-asks-judge-to-throw-out-indictment/article_9383a9e6-55e0-5164-9872-9f8aa76d51f8.html?utm_medium=social&utm_source=twitter&utm_campaign=user-share

An attorney for biker Tom Modesto Mendez did not file a motion to recuse 19th State District Judge Ralph Strother as expected Monday, but he filed a variety of other motions, including one seeking to quash the indictment.

While Peña did not file the recusal motion, he said late Monday afternoon that he has up until 10 days before trial to file the recusal motion, should he decide to do so. Strother set Monday as the deadline for standard pretrial motions to be filed.

Mendez would be the second Twin Peaks defendant to stand trial. The trial of Jacob Carrizal, the Bandidos Dallas chapter president, ended in a hung jury and mistrial.

In his motion to quash, Peña alleges the indictment should be thrown out “as unconstitutional for vagueness and overbreadth.”

[Cyber Liberty]

Isn't the Judge best pals of the prosecutor or something?

[Elderberry]

Isn't the Judge best pals of the prosecutor or something?

They were former law partners.

DAYS OF YES MEN #16 MATT JOHNSON

Posted on December 9, 2017 by harrystorm

https://lakewacotriplemurder.blog/2017/12/09/days-of-yes-men-16-matt-johnson/

If you are reading this,  then you know this is Judge Matt Johnson,  you know that Abel Reyna simply couldn’t have done it without him.  Judge Johnson has rubber stamped every mean,  cockeyed, decision,  Abel Reyna has made.  Won’t recuse himself from cases because HE CAN BE FAIR.

Judge Johnson,  when does that start?  The Fairness,  when does it start?  It doesn’t start with you and it gawddamned surely didn’t stop with you either.  Wipe that smirk off your little face,  you’re a worldwide phenomenon,  the poster child for “What’s wrong with people”?

Judge Johnson our YES MAN #16,   the cruel sense of justice and humor of Matt Johnson.

We know you know better.  Shame on you.

[Bigun]

Isn't the Judge best pals of the prosecutor or something?

As noted already, they are former partners. What many don't know is that Rena's father was removed from a state district bench for ethics violations some years ago.   It appears that it's true that apples don't fall far from the tree.