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Correct. 100%. But the TRUTH is the Texas Court of Criminal Appeals did not decide the case on whether or not "a check is money" ..... I just finished reading the Court's opinion in its entirety and copied several "bullet" points upon which the Court based its opinion, which was an evaluation of the underlying offense of "money laundering" for which Delay was convicted.
I did not see any phrase that concluded or paragraph evaluating the definition of "check" as being money or not being money.
Here are the quotes on the deciding points in the opinion:
"Ultimately, we agree with the court of appeals that the appellant’s convictions cannot stand because there is no possible view of the evidence that can establish that any transaction alleged to comprise money laundering involved the proceeds of a felony violation of the Texas Election Code, under either theory of criminal proceeds.
There is nothing in the record to show that the appellant knew that he was conducting, supervising, or facilitating a transaction that involved the proceeds of criminal activity. The State has failed to establish the requisite culpable mental state to prove the offenses of money laundering and conspiracy to commit money laundering.
However, as we read Section 34.02(a)(2) of the Penal Code, it is an element of the offense of money laundering that the actor was aware of the fact that the money he is purported to have laundered was the proceeds of felony criminal activity. The federal money laundering statute similarly requires knowledge that the funds constitute ill-gotten gains. See 18 U.S.C. 1956(a)(1) (“Whoever, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity . . . .”); United States v. Morelli, 169 F.3d 798, 804 (3d Cir. 1999) (one of the elements of money laundering under this provision is “knowledge that the transaction involves the proceeds of some unlawful activity”).
Because the State has failed to prove that the corporate contributors harbored the requisite mens rea to establish an offense under the Election Code, we agree with the court of appeals that it has not established that the money conveyed by TRMPAC to RNSEC constituted the proceeds of criminal activity for purposes of money laundering or conspiracy to commit money laundering."
Fortunately, for ALL OF US, regardless of political affiliation or point of view, the Texas Court of Criminal Appeals (regardless of political affiliation) requires a defendant to be proven to have possessed the requisite criminal intent on the elements of an offense to sustain the defendant's conviction.
Otherwise anyone communicating with a provider or walking into the door of any location in which illegal activity has occurred would support a conviction REGARDLESS of whether the "anyone" actually intended to engage in the activity which was considered illegal in the past.
Irrespective of party affiliation that is why I prefer to have judges who are "strict constructionists" who require prosecutors to follow the specific requirements of "the law" and insist on sufficient proof to establish each and every element of an offense to support a conviction.
Thread topic subject matter comment.
For the senile inflicted Klan leader ... BigTitsLiarStalker
.....and his band of lap dogs....
WTF, YouRong, et al.
What you amateurs haven't realized ... is attacking the messenger is the latest WHITE HOUSE tactic, since they can't attack the subject matter.
Oh wait, when you factor in the "impartial" GOP elected members of the court, the circle gets a little larger.
Insults about from LLIdiot, but the fact remains that DeLay fucked up, got caught and was freed by the most partisan and corrupt legal system in America.
We’re gonna destroy the economy
And force people from work
We’re gonna change America
We’re gonna spread illegal alien respiratory illness
We’re gonna spread Ebola to America
Obama’s gonna change it
Obama’s gonna get ‘em
Now’s the moment, lift each voice to sing
Sing with all your heart!
For our socialists, for our communists,
American values be damned.
Sing for joy and sing for abundant misery,
Dimwit hoppy changey!
Sing together, hand me some lobbyist $
Driving each other down
Sing for welfare, sing for disability,
Lifting our hearts for Obama phone!
We’re gonna change it
And rearrange it
We’re gonna destroy America
