Appellate court overturns Kickapoo conviction

Headline Legal News

A federal appellate court has overturned the conviction of a former tribal casino manager and his family for allegedly stealing from a tribal casino near the Texas-Mexico border.

The 5th Circuit Court of Appeals in New Orleans overturned the embezzlement convictions of Isidro Garza Jr., his wife and one of his sons. The trio had been among so-called the "Kickapoo Seven" — a group of tribal and casino employees from the Kickapoo Traditional Tribe of Texas accused of stealing from the tribe's small casino near Eagle Pass.

The appellate court overturned the convictions because it said that U.S. District Judge Alia Ludlum erred in transferring the case to Waco, about 300 miles from where the defendants, attorneys and witnesses lived.

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Texas Adopts Statewide Texting-While-Driving Ban

Effective September 1, 2017, Texas will become the 47th state to pass a statewide ban on texting while driving. Governor Abbott’s signing of House Bill 62 is an effort to unify Texas under a uniform ban and remedy the “patchwork quilt of regulations that dictate driving practices in Texas.”

The bill specifically prohibits drivers from reading, writing, or sending an electronic message on a device unless the vehicle is stopped. That includes texting and emailing. It does not, however, prohibit dialing a number to call someone, talking on the phone using a hands-free device, or using the phone’s GPS system.

Violations would be punishable by a fine ranging from $25 to $99, to be set by each municipality. Although penalties could rise to as much as $200 for repeat offenders.

Studies have found that a driver’s reaction time is half as much when a driver is distracted by sending or reading a text message. According to state officials, in 2015 more than 105,000 traffic accidents in Texas involved distracted driving, leading to at least 476 fatalities.

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