home *** CD-ROM | disk | FTP | other *** search
- Xref: sparky comp.security.misc:2271 comp.org.eff.talk:7686
- Newsgroups: comp.security.misc,comp.org.eff.talk
- Path: sparky!uunet!usc!sol.ctr.columbia.edu!eff!mnemonic
- From: mnemonic@eff.org (Mike Godwin)
- Subject: Re: Fun things to do to RTM (was: Internet worm)
- Message-ID: <1992Dec15.194112.5729@eff.org>
- Originator: mnemonic@eff.org
- Sender: usenet@eff.org (NNTP News Poster)
- Nntp-Posting-Host: eff.org
- Organization: Electronic Frontier Foundation
- References: <1992Dec11.161745.197@mksol.dseg.ti.com> <1992Dec14.044441.25362@eff.org> <1992Dec14.185513.22840@mksol.dseg.ti.com>
- Date: Tue, 15 Dec 1992 19:41:12 GMT
- Lines: 69
-
- In article <1992Dec14.185513.22840@mksol.dseg.ti.com> mccall@mksol.dseg.ti.com (fred j mccall 575-3539) writes:
-
- >No, what I cited is what the Texas law says. Whether or not sentences
- >on multiple charges are served concurrently or consecutively is up to
- >the judge. No bending of the law required.
-
- On the contrary: it would take a major bending of the way criminal law is
- applied in Texas for it to be applied as you suggested.
-
- >I'm simply following your logic
- >and doing what the law says instead of what I think would be a
- >'better' sentence.
-
- You seem to have confused me with someone else; I haven't made the
- statement you attribute to me here.
-
- >I would question this. If he was never charged under the Texas
- >statute, would it be double jeopardy to so charge him, even if the
- >same actions were charged for something else in another jurisdiction?
-
- Yes, under Texas double-jeopardy law.
-
- (The converse is not true; if Morris had been tried first in Texas,
- the Feds could probably prosecute him without violating double-jeopardy
- principles.)
-
- >[Actually, I think the real reason that this isn't feasible is that
- >the superior court gets jurisdiction first -- which means if the Feds
- >want him, they get him first. It's simply not worth dragging him
- >around charging him hither and yon.]
-
- What you say here about "the superior court" is inaccurate. There is no
- rule of this sort as to who gets jurisdiction first.
-
- >>What you have written is in accord neither with my principles nor with
- >>Texas criminal law.
- >
- >I believe you may be mistaken on that last one. And it certainly
- >seemed to flow from what your principles were complaining about.
-
- I can't figure out where you're getting this conclusion from my principles.
- As for what I'm saying about Texas law, well, it's always possible that
- the law has changed since I was admitted to the bar in Texas in 1990
- (after gaining my law degree at the University of Texas School of Law).
-
- >>In the Morris case, in my opinion, the law (as interpreted by the
- >>government) was wrong. So your discussion here seems inapposite.
- >
- >Then you're just acting like a jerk, as usual.
-
- This looks like a non sequitur on your part.
-
- >I don't. I'm hardly the only one you've ever done this sort of crap
- >to, Mike.
-
- Oh, I see. You have been elected to represent a group with grievances
- against me. How proud you must be.
-
-
-
- --Mike Godwin, Texas Bar # 08056825
-
-
-
- --
- Mike Godwin, |"Everything one invents is true."
- mnemonic@eff.org|
- (617) 864-0665 | --Flaubert
- EFF, Cambridge |
-