2025-09-04 Tao of Law Class - Eddie Craig

Discussion on legal strategies, procedural challenges, and case-specific motions for addressing municipal and state-level legal disputes.
Highlights
1. Email Communication and Motion Filing Issues
• Jane planned to file motions, including a motion to suppress and a motion in limine, but faced challenges due to labeling errors and missing responses from Eddie.
2. Mock Trial Feedback and Defense Strategy
• Eddie clarified that the defense strategy should focus on disproving the prosecution's ability to prove guilt rather than addressing superfluous details.
• Eddie emphasized the importance of targeting specific elements of the ordinance and avoiding unnecessary questioning to streamline the defense and avoid jury frustration.
3. Discovery and Evidence Disclosure Under the Michael Morton Act
• Eddie explained the misinterpretation of Texas Code of Criminal Procedure Article 39.14D by prosecutors, who claim they are not required to provide video evidence to pro se defendants.
• He clarified that withholding evidence is only permissible for sexually explicit materials or judicially excluded evidence, and any refusal to provide evidence without proper judicial orders violates due process.
• Eddie recommended filing interlocutory appeals if the court rules in favor of the prosecution's misinterpretation and emphasized the need to read related statutes in their entirety.
4. Public Records and Police Disciplinary Records
• Eddie and another participant discussed challenges in obtaining police disciplinary records, particularly in Indiana, where only records resulting in suspension, demotion, or termination are accessible.
• Eddie advised filing discovery motions instead of public records requests to access relevant information for lawsuits, as discovery laws differ from public information laws.
• He emphasized the importance of narrowing requests to avoid broad denials and suggested reviewing statutes for exceptions that mandate disclosure.
5. Jane's Outstanding Speeding Ticket Case
• Jane shared details about an old speeding ticket from 2021, including her attempts to contact the court and schedule a hearing, which were unsuccessful.
• Eddie advised Jane to request a copy of the court file to determine what documents are present, including complaints, citations, and notices of hearings.
• Eddie explained that if no complaint was filed within two years, the case could be dismissed for failure to prosecute, and any warrant issued without a complaint would be invalid under Texas law.
6. City Ordinances and Certified Copies
• Jane reported difficulties obtaining certified copies of city ordinances from the city secretary, who claimed it was against policy to provide them without a subpoena.
• Eddie recommended filing a complaint with the attorney general's office for violations of the Public Information Act and advised Jane to document the names of individuals involved for accountability.
7. Challenges with Municipal Court Prosecutions
• Eddie discussed the constitutional issues with municipal attorneys prosecuting cases in the name of the state, emphasizing that only county and district attorneys are authorized to do so under Article 5, Section 21 of the Texas Constitution.
• He explained that municipal attorneys lack prosecutorial immunity and are not considered "attorneys for the state," making their actions unconstitutional.
• Eddie highlighted the need to challenge the original court cases that allowed municipal attorneys to prosecute and provided case citations, including Bass v. State (1968), to support the argument.
8. Appeal Limitations and Strategy
• Eddie clarified that appeals can only address issues raised during the trial and cannot introduce new evidence or arguments unless they involve newly discovered evidence or withheld information.
• He emphasized the importance of thoroughly covering all bases during the trial to avoid leaving room for counterarguments during appeals.
• Eddie advised participants to study motions and arguments comprehensively to prepare for future cases and appeals.
9. Title 42 Lawsuit for Property Lien
• Donna shared her experience with an unlawful lien placed on her property by the city for cutting trees without notice, which led to the loss of a property sale.
• She explained that the city admitted wrongdoing in a council meeting and created a resolution to remove the lien, but delayed filing it until she threatened a Title 42 lawsuit.
• Eddie agreed to review Donna's claim form and lawsuit draft, noting the importance of adhering to Alabama's statute of limitations for filing claims and lawsuits.
10. License Plates and Private Vehicle Registration
• A participant asked Eddie about license plate options for private vehicles, and Eddie suggested using "Private Not for Hire" based on his personal experience.
• Eddie cautioned against using this approach without thorough knowledge of local laws and the ability to defend the decision in court, as laws and enforcement vary by state.