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  #1141  
Old 08-26-2016, 07:37 AM
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Originally Posted by deacon View Post
This case is a prime example of what is wrong with the courts. People say that "but we have laws against drunk driving." They are not enforced. Drunk kid kill multiple people get a soank on the back of the hand. His "mother" helps him go to Mexico and she gets? Basically nothing.

We need to enforce our laws before we write new ones. Why? When the new ones are written we won't truely enforce them. That makes writing the law a very expensive waste of time.

The good news is that Ethan is now in the adult system, and he's behind bars. Chances are, he'll get into more trouble while he's behind bars, or that he'll fail to adhere to conditions of parole once he does get out.
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  #1142  
Old 08-31-2016, 11:42 AM
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Lawyers for "affluenza" teen Ethan Couch filed a motion today asking for Couch’s release from jail, claiming that Tarrant County Criminal Court Judge Wayne Salvant never had jurisdiction to incarcerate him or rule on his case.

Juvenile proceedings are “civil actions, not criminal cases,” according to the motion. The defense lawyers claim that Couch’s case should be handled in civil court because it originated in juvenile court, according to their reading of Texas laws and the state’s Constitution. They argue that the narrow exceptions that allow a transfer from juvenile court to criminal court do not apply.

Couch asks that all orders by Judge Salvant, including his jail term, be thrown out, explaining in the motion, "Because this Court lacks subject matter jurisdiction over this matter, this Court has no authority to act whatsoever, and any orders -– including the imposition of any and all conditions of probation – previously entered by this Court in this matter are null and void.”

http://abcnews.go.com/US/affluenza-t...ry?id=41755733
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  #1143  
Old 08-31-2016, 12:28 PM
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Ethan is now legally an adult, and I'm thinking that he's now going to have to get used to that....and the responsibilities and consequences that come along with it.

I remember his defense attorney previously arguing to the judge about whether he had jurisdiction, and the judge previously denied the defense argument/motion. Is the defense now wanting a second bite at that apple?
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  #1144  
Old 08-31-2016, 12:52 PM
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Ethan is now legally an adult, and I'm thinking that he's now going to have to get used to that....and the responsibilities and consequences that come along with it.

I remember his defense attorney previously arguing to the judge about whether he had jurisdiction, and the judge previously denied the defense argument/motion. Is the defense now wanting a second bite at that apple?
I think it is a legit legal question. I've wondered how one juvenile case's probation violation magically leaped from juvenile court to adult court rather than go back to the juvenile court judge who imposed the original sentence.
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  #1145  
Old 08-31-2016, 01:31 PM
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I think it is a legit legal question. I've wondered how one juvenile case's probation violation magically leaped from juvenile court to adult court rather than go back to the juvenile court judge who imposed the original sentence.

There was a juvenile court justice that ordered the transfer of the supervision of this case to the adult court, in April 2016.

The issue that this defense really has, is that when the case was transfered, four case numbers were generated, one for each victim and charge. The defense earlier argued that there should only have been one case number.

With the four case numbers, this judge then ordered for consecutive sentences to be served for the probation violation. No doubt, the defense didn't like or expect this to happen.


This hearing has some details of what occurred.



ETA: Somewhere around the 50 minute mark in this hearing, it's very interesting to hear a seasoned juvenile justice attorney give his opinion to the judge.

Last edited by Sun.; 08-31-2016 at 01:50 PM.
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  #1146  
Old 08-31-2016, 02:07 PM
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The way that it is now, if when Ethan does eventually get out, and violates his probation AGAIN, this judge could impose the full sentence of 10+10+10+10 years to be served (I guess with time off for time served). Usually judges will give defendants a few chances though... so this killer is likely to be in and out of jail several times.
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  #1147  
Old 08-31-2016, 03:55 PM
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There was a juvenile court justice that ordered the transfer of the supervision of this case to the adult court, in April 2016.

The issue that this defense really has, is that when the case was transfered, four case numbers were generated, one for each victim and charge. The defense earlier argued that there should only have been one case number.

With the four case numbers, this judge then ordered for consecutive sentences to be served for the probation violation. No doubt, the defense didn't like or expect this to happen.


This hearing has some details of what occurred.

Ethan Couch "Affluenza Teen" Adult Probation Hearing 04/13/16 - YouTube


ETA: Somewhere around the 50 minute mark in this hearing, it's very interesting to hear a seasoned juvenile justice attorney give his opinion to the judge.
Thanks, I listened and the Judge made it clear he's was not sure of his decision and said he was willing to review it. That seasoned juvenile justice attorney didn't seem to totally convince him.
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  #1148  
Old 08-31-2016, 04:26 PM
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Thanks, I listened and the Judge made it clear he's was not sure of his decision and said he was willing to review it. That seasoned juvenile justice attorney didn't seem to totally convince him.
Yes, as I recall, the judge gave the attorneys a bit more time (maybe two weeks) to submit to him case law, etc.

The judge tried to get the prosecutor and the seasoned juvenile justice attorney "agree" on a point, and they really didn't. I can understand the uncertainty of the judge.
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  #1149  
Old 09-16-2016, 09:02 AM
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A hearing has been scheduled for 9 a.m. Sept. 27 to decide whether Ethan Couch’s judge should be removed from the teen’s case, according to court records.


Couch’s attorneys filed a motion this week asking state District Judge Wayne Salvant to recuse himself. Salvant deferred the decision to David Evans, presiding judge of the Eighth Administrative Judicial Region.


http://www.star-telegram.com/news/lo...101960807.html



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  #1150  
Old 09-19-2016, 06:35 PM
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September 19, 2016 1:43 PM Tonya Couch’s trial on son fleeing to Mexico still months away


FORT WORTH--The judge overseeing Tonya Couch’s case on charges related to her son’s flight to Mexico set a tentative trial date for February during a brief hearing Monday.Couch, 49, and her attorney, Stephanie Patten, were in Tarrant County court briefly for motions.

Patten recently filed a motion asking the state to pay her and attorney Steve Gordon to defend Couch, who is indigent, according to the motion.

District Judge Wayne Salvant did not rule on the motion Monday. He asked Patten and prosecutor Tiffany Burks to try to be ready for trial by February.

Patten did not comment after the court appearance. Salvant has placed a gag order on the case.
Couch is charged with money laundering and hindering the apprehension of a fugitive, both third-degree felonies. She was indicted in May, about five months after she and her son, Ethan Couch, 19, were arrested in Puerto Vallarta, Mexico.

Ethan Couch was serving 10 years on probation after killing four people in a DWI crash in 2013. He skipped a probation appointment in early December, and authorities say he and his mother left the country to so he could avoid arrest.

Tonya Couch has remained free on bond since January. At first, she was ordered to 24-hour home confinement. Over the summer, her bond conditions were eased and she later got a job working at a bar, according to court documents.

She was fired from the job after one day “due to the intense media coverage of her case,” her attorneys wrote in the documents.

Ethan Couch remains in Tarrant County Jail. Salvant — who was assigned the teen’s case when Couch turned 19 in April — added a 720-day jail term as a condition of Couch’s probation.
His attorneys have argued that Salvant has no authority over the case because Couch was prosecuted as a juvenile. An administrative judge will decide next week whether Salvant should recuse himself from the case.


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  #1151  
Old 09-20-2016, 11:16 AM
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Something seems so wrong with this defendant asking for the State to pay for her attorneys. Just prior to fleeing, she withdrew $30,000 from her bank account. Then later bonded out of jail on a $75,000 bond. She wasn't indigent when she was arrested.
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  #1152  
Old 10-04-2016, 06:30 PM
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Something seems so wrong with this defendant asking for the State to pay for her attorneys. Just prior to fleeing, she withdrew $30,000 from her bank account. Then later bonded out of jail on a $75,000 bond. She wasn't indigent when she was arrested.
Oh, HELL no!
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  #1153  
Old 10-27-2016, 12:30 PM
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Guess we all missed this hearing of Ethan Couch's.



http://www.breitbart.com/texas/2016/...say-attorneys/

‘Affluenza’ Teen May Sue Judge, Say His Attorneys

28 Sep 2016

“Affluenza” teen Ethan Couch returned to a Fort Worth courtroom Tuesday with his attorneys to try to get him out of jail and recuse the presiding judge, arguing that if the teen was wrongfully incarcerated he could sue.

At Tuesday’s hearing, attorneys Reagan Wynn and Scott Brown presented their case before administrative Judge David Evans saying their client, Couch, was wrongfully jailed by District Judge Wayne Salvant, who oversees his case. They told Evans that Salvant, who sentenced Couch to jail for 720 days as a new condition of an existing 10 year probation, has a financial interest in the case because Couch could sue him for wrongful incarceration, the Fort-Worth Star Telegram reported.

Couch is five months into an adult jail sentence ordered by Salvant. This time represents four 180-day jail terms for each of the four people he killed while driving drunk in June 2013. Couch was 16-years-old at the time. In the subsequent high-profile trial, Wynn and Brown represented the teen with an “affluenza” defense, attributing Couch’s reckless behavior to a coddled and affluent upbringing where he did not know right from wrong. Although prosecutors sought 20 years of prison, a lenient juvenile judge gave Couch 10 years of probation, residential rehab, and counseling.

Recently, the teen’s legal team filed two motions. One maintained Couch should be released from jail because Salvant, a criminal court judge, did not have jurisdiction over the case, which originated in juvenile court and should be handled in civil court. If the motion is granted, all orders by Salvant, including Couch’s jail term, would be thrown out. The other motion was to have Salvant removed from the case. Salvant deferred this decision to Evans, who will review the matter and issue a written decision.

“[Salvant] had no subject matter jurisdiction,” Wynn told Evans. “If that is the case, there is an argument that [Couch] has been illegally incarcerated since April 2016,” according to the Star-Telegram. Wynn stated that if Couch was illegally jailed, he could have an “arguable” case for a lawsuit against Salvant. The counselor added such a legal action against the judge could create a conflict of interest which would force Salvant to recuse himself.

Couch’s case transferred automatically from the juvenile to the adult court system on his 19th birthday in April. His lawyers asserted Salvant’s criminal court jurisdiction was adult felony cases.
Tarrant County prosecutor Richard Alpert countered that Couch’s case “ceased to be a civil case when it was transferred from juvenile to felony court.” He called the defense’s argument about a possible lawsuit a “novel theory,” according to the Star-Telegram, commenting: “Their argument is based on a hypothetical argument that they may sue the judge. It just doesn’t make any sense.”

Couch sat in the courtroom wearing a red jail issued jumpsuit. His hair, formerly dyed black when he fled with mother Tonya to Mexico, had grown out to its reddish-blonde color, according to the Fort Worth newspaper, which described him as having a thick beard. His father, Fred Couch, attended the hearing but did not speak to reporters. Salvant placed a gag order on the case.

Last December, authorities believed Couch violated the terms of his probation and his mother, Tonya, allegedly assisted him in fleeing the country. Although their disappearance triggered an international manhunt, they were found quickly in Puerta Vallarta and were extradited to Texas.

Salvant also oversees the case of Tonya Couch. She awaits trial on felony charges of money laundering and hindering the apprehension of a felon, her son Ethan. Weeks before the two vanished, she allegedly withdrew $30,000 from a personal bank account.

On September 19, Tonya Couch appeared in court with her attorneys Stephanie Patten and Steve Gordon who filed a motion stating she can no longer afford their services and has no visible means of support nor receives any alimony from her ex-husband, Ethan’s father. They revealed Couch lost a job tending bar one day after her start date because of intense media coverage of her case and employment. Her lawyers asked Salvant to reclassify them under court-appointed status so they could continue to represent her, meaning taxpayers would pick up the financial burden of her legal expenses. Salvant has not ruled on this motion yet.
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  #1154  
Old 10-27-2016, 12:33 PM
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'Affluenza' teen's request to get judge removed is denied

October 1, 2016
Affluenza teen Ethan Couch won’t get another get-out-of-jail-free card.

The reviled rich kid was denied a request for a new judge in his case, a move that could have resulted in his release from jail. The attempt to remove Texas District Judge Wayne Salvant was denied on Thursday, according to the Fort Worth Star-Telegram.

During a hearing on Tuesday, Couch’s attorneys argued that Salvant, who was randomly assigned to the case, had a financial stake in its outcome because Couch’s family could hypothetically sue him for wrongful incarceration.

Salvant, a criminal court judge, sent Couch to jail for 720 days in April as a new condition of his probation.


http://www.nydailynews.com/news/nati...icle-1.2813855
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  #1155  
Old 12-13-2016, 04:42 PM
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Father of ‘affluenza teen’ goes to trial in misdemeanor case

The father of “affluenza teen” Ethan Couch went to trial Monday, accused of impersonating a police officer in North Richland Hills two years ago.

Fred Couch, 51, faces a Class B misdemeanor in the case, punishable by up to 180 days in the county jail and/or a $2,000 fine. A six-person jury was selected Monday afternoon, and testimony was expected to begin Tuesday morning.

Read more here: http://www.star-telegram.com/news/lo...#storylink=cpy
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Old 12-15-2016, 10:05 AM
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'Affluenza' teen's dad convicted of pretending to be officer

Updated 7:52 am, Thursday, December 15, 2016


The father of a Texas teenager who used an "affluenza" defense in a fatal drunken-driving wreck has been found guilty of falsely identifying himself as a peace officer. Fred Couch, 51, was sentenced Wednesday in a Tarrant County courtroom to a year's probation. If he violates the terms, he could be jailed for up to 120 days.

In a dashcam video shown to jurors, Couch is seen telling North Richland Hills police officers responding to a disturbance two years ago that he is a reserve officer.

Defense attorney Scott Brown argued to a jury this week that Couch, who carried a badge bearing the words "search and rescue" and "Lakeside Police," never asserted authority with it.


http://www.chron.com/news/texas/arti...o-10797842.php
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  #1157  
Old 12-15-2016, 11:52 AM
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Originally Posted by Sun. View Post
'Affluenza' teen's dad convicted of pretending to be officer

Updated 7:52 am, Thursday, December 15, 2016


The father of a Texas teenager who used an "affluenza" defense in a fatal drunken-driving wreck has been found guilty of falsely identifying himself as a peace officer. Fred Couch, 51, was sentenced Wednesday in a Tarrant County courtroom to a year's probation. If he violates the terms, he could be jailed for up to 120 days.

In a dashcam video shown to jurors, Couch is seen telling North Richland Hills police officers responding to a disturbance two years ago that he is a reserve officer.

Defense attorney Scott Brown argued to a jury this week that Couch, who carried a badge bearing the words "search and rescue" and "Lakeside Police," never asserted authority with it.

http://www.chron.com/news/texas/arti...o-10797842.php
oh for goodness sake. no wonder the kid is such a piece of work.
I hope they did not procreate any more children.
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  #1158  
Old 04-18-2017, 06:47 AM
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Ethan Couch will stay in jail after denial by state's highest court


Updated April 14 with the court denying the petition.

The Texas Supreme Court has denied a request by Ethan Couch to intervene in his case and potentially get him released from jail early.

Couch's attorneys claimed in a court filing that the judge who sentenced Couch to nearly two years behind bars after his case was moved from juvenile court to adult court didn't have the authority to do so.

But on Thursday, the state's highest court denied Couch's writ of mandamus.


https://www.dallasnews.com/news/crim...intervene-case
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  #1159  
Old 04-18-2017, 07:53 AM
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Ethan Couch will stay in jail after denial by state's highest court


Updated April 14 with the court denying the petition.

The Texas Supreme Court has denied a request by Ethan Couch to intervene in his case and potentially get him released from jail early.

Couch's attorneys claimed in a court filing that the judge who sentenced Couch to nearly two years behind bars after his case was moved from juvenile court to adult court didn't have the authority to do so.

But on Thursday, the state's highest court denied Couch's writ of mandamus.


https://www.dallasnews.com/news/crim...intervene-case

hope the little wretch enjoys his extended stay in jail---
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  #1160  
Old 04-18-2017, 09:27 PM
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GAH! He killed FOUR PEOPLE!
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