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Texas DA gives up capital charges for plea from El Paso Walmart mass murderer

By Douglas Berman
March 25, 2025

As reported in this local article, “El Paso District Attorney James Montoya campaigned for the job saying he would pursue the death penalty against the 26-year-old gunman who killed 23 people in a local Walmart in 2019 and said…

Religion Clause

Texas Supreme Court Hears Arguments on State Closure of Catholic Agency Serving Migrants

By Howard Friedman
January 16, 2025

On January 13, the Texas Supreme Court heard oral arguments (video of full oral arguments) in Paxton v. Annunciation House, Inc. (Links to documents and briefs in the case.) At issue is an attempt by the…

The Fiduciary Litigator

Court Held Order Requiring An Executor To Make A Partial Distribution Was Not An Appealable Order

By David Fowler Johnson
December 31, 2024

In Gaddy v. Fenenbock (In re Est. of Fenenbock), a probate court entered an order directing the independent executor of an estate to make a partial distribution of assets from the residuary clause in the decedent’s will into a family…

Gender and the Law Prof Blog

New Book about “Birth in Times of Despair”

By Jamie Abrams
October 28, 2024

The N.Y.U. Press has published Carina Heckert's book "Birth in Times of Despair: Reproductive Violence on the US-Mexico Border." The book description is excerpted below:In El Paso, Texas, the racist undertones of anti-immigrant sentiment have contributed to various…

Religion Clause

Court Rejects Texas AG’s Challenge To Catholic Agency Assisting Migrants

By Howard Friedman
July 3, 2024

 As previously reported, a legal battle has been underway between Annunciation House, a Catholic agency serving migrants and refugees in El Paso, and Texas Attorney General Ken Paxton who accuses the agency of sheltering migrants who have entered the…

ImmigrationProf Blog

Emergency Room doctor: I see the cruelty of US immigration policy up close

By immigrationprof
August 7, 2023

 Death on the U.S./Mexico border is a fact of life, especially in the hot summer months.  In CNN commentary, an emergency room doctor in El Paso, Texas discusses the human tragedy resulting from U.S. policy along the U.S./Mexico…

Religion Clause

Ecclesiastical Abstention Doctrine Bars Court from Deciding Dispute Over Parish Funds

By Howard Friedman
August 4, 2023

 In Salado v. Roman Catholic Diocese of El Paso, (TX App, Aug. 2, 2023), a Texas state appellate court held that the ecclesiastical abstention doctrine prevents the court from deciding whether funds raised by parishioners to build a new…

A notable discussion of federal capital decision-making for mass shootings (that makes no mention of differing state sentencing realities)

By Douglas Berman
July 14, 2023

The AP has this new lengthy discussion of DOJ decision making in two high-profile federal prosecutions of mass shooters that completely leaves out that one defendant will be facing state capital charges while the other will not.  The piece is…

ImmigrationProf Blog

The Texas shooter in a 2019 Walmart attack in El Paso to be sentenced

By immigrationprof
July 5, 2023

 The Associated Press reports on the latest developments in the case of a white Texas gunman who killed 23 people at a Walmart in 2019.  He  returns to court today for sentencing in the mass shooting that targeted Latina/o…

ImmigrationProf Blog

Deaths on the Border Chapter 101: 55 migrants deaths reported in El Paso Sector this fiscal year

By immigrationprof
June 28, 2023

 It is summer time.  It is hot.  And the risks facing migrants seeking to enter the United States without inspection are great.The southern border crossing can be lethal for migrants. U.S. Border Patrol data shows that since October 1, nearly 55 migrants…

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