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by Charles L. Cotton
Mon Jun 07, 2010 11:23 am
Forum: General Texas CHL Discussion
Topic: CHLer arrested in improperly posted hospital
Replies: 169
Views: 29645

Re: CHLer arrested in improperly posted hospital

jiggerachi wrote:I'm not sure if its mentioned in this thread or not, didn't read the 8 pages but...

We spent a week in this hospital when my son was born 2 months ago, and this place is now 30.06 posted. Every entrance that I used were posted with correctly sized and worded stickers. Even the adjoining buildings (lactation consultant office) were posted.

They look to be relatively new, less than a year or so old. Might have some relation to this event, or it might just be since Texas Health Recources took over the hospital and remodeled recently.
Based upon the information in Wildbill's update, you can bet the new signs are the result of the DA's correct refusal to prosecute.

Chas.
by Charles L. Cotton
Mon Jun 07, 2010 11:21 am
Forum: General Texas CHL Discussion
Topic: CHLer arrested in improperly posted hospital
Replies: 169
Views: 29645

Re: CHLer arrested in improperly posted hospital

WildBill wrote:
WildBill wrote:
MedicMan218 wrote:Any word on what happened to the RN's case?
I am also curious, but most of the time we never hear the outcome of such cases. Unless something about the story is sensational, they usually disappear after the original story. There was probably much more discussion on this forum than was ever in the news.
I just received an email from the Bedford Police Chief. He stated that the DA declined to prosecute, based on the wording (not being exactly as it states in the statute) of, not only the sign posted outside the building, but also the wording in the hospital employee policy manual.
Thanks for this update. This is very good to hear.

Chas.
by Charles L. Cotton
Sun Jan 13, 2008 11:18 am
Forum: General Texas CHL Discussion
Topic: CHLer arrested in improperly posted hospital
Replies: 169
Views: 29645

Re: CHLer arrested in improperly posted hospital

stevie_d_64 wrote:Come to think about it...

Could this, if she is properly represented, be the (or "A") "test case" we have been hoping for???
Could be yes, but it wouldn't be my choice because of the facts. Assuming the written notice she received didn't contain the statutorily-required language, and assuming she didn't have verbal notice, then the elements of the crime are not present and she should win. However, lawyers have a saying that "bad facts make bad law." It means that some courts and judges (at both the trial and the appellate levels) are looking to achieve a desired result because of the bad facts, rather than scrupulously trying to apply the law.

If this is a mental hospital where even LEO's disarm, this is not the fact pattern I would want to take to an appellate court, or the court of public opinion, for that matter. That said, if she wasn't given proper notice, she should not be prosecuted and she should win if she is.

Chas.
by Charles L. Cotton
Fri Jan 11, 2008 8:37 pm
Forum: General Texas CHL Discussion
Topic: CHLer arrested in improperly posted hospital
Replies: 169
Views: 29645

Re: CHLer arrested in improperly posted hospital

txinvestigator wrote:If in fact the story is correct and there is nothing more to it (like policy banning employees from carrying) I imagine the DA will not even accept charges.

I hope she then seeks State and Federal Criminal civil rights violations against the department.
:iagree: The attitude that "you may beat the rap, but you won't beat the ride" goes through me like a knife. I'd like very much to see the city pay for the trip.

Chas.

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