The Intra-Party Fight Among the Democratic Candidates Is Necessary and Healthy

NEIL H. BUCHANAN

UF law professor and economist Neil H. Buchanan explains why the Democratic presidential candidates attacking each other over policy differences and other issues rather than unifying to oppose President Trump in the general election. Buchanan argues that, perhaps illogically, the infighting is essential and a healthy part of the process.

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Dixon v. Texas

Docket: PD-0048-19

Opinion Date: January 15, 2020

Judge: Sharon Keller

Areas of Law: Constitutional Law, Criminal Law

Appellant Thomas Dixon, was a plastic surgeon in Amarillo, Texas. Joseph Sonnier was a physician in Lubbock. David Shepherd was a friend of Dixon’s. In 2012, David Shepard killed Joseph Sonnier. The State’s theory was that Dixon hired Shepard to kill Sonnier. Although Dixon had originally told the police that he knew nothing about Sonnier, he admitted at trial that this was untrue. Dixon testified that he had hired Shepard to track and photograph Sonnier (hoping to obtain photos that would cause Dixon’s former girlfriend to break up with Sonnier) and that he understood that Shepard would be planting a camera at Sonnier’s house for this purpose. Also, Shepard’s phone records revealed that Dixon called Shepard within minutes after the police finished speaking to Dixon. Appellant was convicted under a murder-for-hire theory. The Court of Appeals reversed Appellant’s conviction for two reasons: (1) because cell phone location information was improperly admitted; and (2) because the trial court deprived him of a public trial. The Texas Court of Criminal Appeals determined neither of these reasons "appears to stand up to close scrutiny." Appellant’s whereabouts on a date other than the date of the murder were not particularly important to the case, so any error in admitting the evidence was harmless. As for the public trial complaints, two were not preserved and the other had no merit. Consequently, the Court reversed the judgment of the court of appeals.

Simpson v. Texas

Docket: PD-0578-18

Opinion Date: January 15, 2020

Judge: Michael E. Keasler

Areas of Law: Constitutional Law, Criminal Law

While on probation for child endangerment charges, Robvia Simpson struck her roommate with an ashtray. She contended she did so in self-defense. But at the hearing to determine whether her probation would be revoked, Simpson did not claim self-defense. Instead, she simply pleaded “true” to the allegation that she assaulted her roommate. The question presented for the Texas Court of Criminal Appeals was whether Simpson’s plea of “true” precluded her from claiming self-defense in a subsequent criminal trial. The Court concluded that it did not, and affirmed the court of appeals’ judgment.