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  #1  
Old 01-07-2004, 10:09 PM
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Trulykath Trulykath is offline
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Default Lawsuit against TDCJ

From TPLU....

"I have just a few days ago been alerted to what LOOKS
like a success in the Supreme Court by a Raymond F.
Gross 802093 at Ellis I. The Houston Chronicle has
run a story on it. I have the story sent to me typed
out along with a copy of the article. It pertains the
Illegality issue of BPP taking away Good Time earned
on the streets of Texas's released inmates on MS Supv."

I'm trying to find the article in the Chronicle...but the message I received might indicate the recipient got an advance copy of this....if ANYONE locates this article....could you post it in the Texas section.....I'll be watching out for it in the meantime...

kath
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  #2  
Old 01-08-2004, 09:19 AM
CenTexLyn CenTexLyn is offline
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I tried running a quick search on both SupCt search engines that I looked at, and came up blank for anyone on the docket by that name.

I also looked at the criminal history and do not see where Gross was ever released on parole or mandatory supervision since his October 1997 receipt into TDCJ (no prior offenses appear in the CCH). Since he would not yet have standing on the issue, I am curious how a court might approach the issue.

Is Thom Marshall still with the Chronicle? He used to do a lot of stuff on TDCJ...
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  #3  
Old 01-08-2004, 10:18 AM
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Thom was moved in the Chronicle...away from the controversial subjects, but it's my understanding, the public outcry brought him back....I am having trouble locating ANYTHING on this....I'm going back to the TPLU person I got it from to see what I can find!!

kath
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Old 01-08-2004, 11:18 AM
CenTexLyn CenTexLyn is offline
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I'm in the middle of trying to run a PACER search...Gross has had a number of cases in both the Southern and Eastern Districts. Southern District cases so far have not yielded anything related to Mandatory Supervision, but there was one case that dealt with a detainer lodged by Louisiana.

The primary issue appears to be entitlement to programming and lack of certain promotions with a detainer, to which the Court stated in pertinent part "Gross has no constitutional entitlement to any of these programs and benefits. Allowing them is within the discretion of prison and parole officials." That decision is date stamped November 05, 2005.

Meanwhile, my search in the Eastern District continues...
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Old 01-08-2004, 12:06 PM
CenTexLyn CenTexLyn is offline
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Looking at some of what lists for the Eastern District on PACER, it looks like the case in question is/was 1:2003cv01454, filed on 12/05/2003 and transferred on 12/18/2003 to the Southern District (Gross was apparently housed at McConnell prior to his assignment to Ellis).
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Old 01-08-2004, 07:51 PM
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Very interesting ...... Thanks ladies
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  #7  
Old 01-09-2004, 07:38 AM
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I'm hopeful that it soon shows up on the Southern District's imaging system. PACER has imaged documents for them, but not the Eastern District.
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Old 01-12-2004, 06:04 PM
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Kath,

Thanks for starting this thread. I figured you would beat me to it as I am somewhat slow, so I was looking for it. This law suit would affect my husband and I have been trying to find out more about it with no results for quiet some time now. Blessings,
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Old 01-16-2004, 03:43 PM
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The case has been transferred from the Eastern District to the Southern District and given a new number...4:04cv136 Filing date shows on PACER as 01/14/2004.

Having read through the entire petition, the crux of the claim goes to jury instructions contained in Section 37.07 of the Code of Criminal Procedure. Those instructions address the general guidelines for the time someone may be expected, at a minimum, to serve on a sentence. Gross' argument is essentially that the language of "may reduce" creates an absolute entitlement to good time credits in determining release eligibility.

The manner in which the arguments were presented is not one that the Courts are likely to grant relief on...

Anyone wanting to read the original drafting can establish a PACER account. Costs are not normally billed until the balance reaches $10. The 27 page pleading will cost $1.89 to view (Southern District has imaging on their site). PACER passwords are mailed within a week or so of filling out the online application.
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Old 01-17-2004, 12:19 AM
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Cen,

Can you give me a link for PACER? I think I found it but could not figure out what to put in the blank to search for this draft. Do I have to register first? I was so lost on that site. Thanks,
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  #11  
Old 01-17-2004, 04:07 AM
CenTexLyn CenTexLyn is offline
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The main service center link is http://pacer.psc.uscourts.gov/ and I believe you will have to register in order to actually pull case information. When I got my account a few years back, they were pretty quick about sending the log-in information. And, when I had to call on an account question a few weeks back, the replacement information they sent was coming from San Antonio, so hopefully that saves an extra day or so on Texas registrants
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Old 01-17-2004, 06:33 PM
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Thanks Cen! I am sending you a copy of a letter from Gross by PM.
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Old 01-22-2004, 12:14 PM
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I need help. I've registered in Pacer. I've located the district courts, but can not find Texas Southern District Court. What am I doing wrong? Am I looking in the right area?
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Old 01-22-2004, 02:55 PM
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Quote:
Originally Posted by Arthursgirl
I need help. I've registered in Pacer. I've located the district courts, but can not find Texas Southern District Court. What am I doing wrong? Am I looking in the right area?
From the main PACER page I posted earlier, follow the "Links to PACER Websites" and then click on District Courts. You will have to scroll down to the Texas listings, and I believe the Texas Southern District actually shows as Texas Southern Consolidated.
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Old 01-22-2004, 03:17 PM
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Thank you so much. I saw that, but I thought they more like information rather than actual filed documents.
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