Thread: Texas Supreme Court labels immigration status as a "fla

Texas Supreme Court labels immigration status as a "flammable" issue in a jury trial

Strasburger & Price LLP
Brad Kizzia

USA
April 29 2010

Don't assume that it will be easy to admit a witness' illegal immigration status into evidence after the Texas Supreme Court 's recent TXI Transportation Company vs Hughes decision. The Hughes case involved a wrongful death action arising out of a four-person fatality accident. The alleged cause of the accident was a TI employee who also happened to be an illegal immigrant who obtained a commercial Texas driver's license using a fake Social Security number. The jury found for the plaintiffs and the trial court awarded compensatory damages of $15.7 million and assessed exemplary damages in the amount of $6.6 million. In a 7-1 decision, the Texas Supreme Court reversed and remanded the case for a new trial because the driver's illegal immigrant status should not have been admitted into evidence under the facts of this case.

The Court ruled that the admission of driver's illegal immigration status violated Texas Rule of Evidence 608(b), which generally precludes evidence of specific conduct for purposes of attacking a witness' credibility. More importantly, the Court also found that the evidence was "plainly calculated to inflame the jury" and that any possible relevance was outweighed by its potential to prejudice the jury. The immigrant truck driver's negligence was "hotly contested" and he had a clean driving record. Pointing out that the plaintiffs sought to call attention to the driver's illegal immigration status whenever they could, the Court declared: "Such appeals to racial and ethnic prejudices, whether explicit and brazen or veiled and subtle, cannot be tolerated because they undermine the very basis of our judicial process."

http://oneoldvet.com/

www.lexology.com

What undermines the very basis of our judicial system are employers who hire illegal aliens who then use the tools of their employment to kill Americans and judges on a court who don't know the difference between illegal immigration and racial and ethnic lines.

Hey Texas! It's time to get some new Supreme Court Justices, heh?!

2010, Make It Count.

I think a law needs to be passed to sue the employer that hires them should damage be done to an innocent American citizen,(loss of life property).
This would put a damper on hiring them if you could get the crap sued out of you.

Originally Posted by Mayflowerchick

I think a law needs to be passed to sue the employer that hires them should damage be done to an innocent American citizen,(loss of life property).
This would put a damper on hiring them if you could get the crap sued out of you.

I would go so far as to say that an employer of illegals should be sued for ANY crime the illegal commits. The employer who hires illegals is encouraging them to enter and stay in the country illegally. They should be personally responsible for ANY crime they commit. That way if the illegal commits a crime and then runs to Mexico, there is someone to take responsibility for paying for the crimes they committed. If the illegal drives without insurance and gets in a wreck, the employer will pay for it....and so on.

No surprise here. An illegal immigrant can not be charged with agravated ID THEFT if they say they did not know the Social Security number they are using belonged to an actual citizen.
Knowing that they are committing fraud by using false ID documents, the illegals also know to lie if they get caught.
Many illegal workers pay extra to get valid numbers. This allows them more cover with employers, banks, and utility companies. If the poor ID THEFT VICTIM comes after them, the illegal worker just says he did not know and gets off scot free. The illegal goes off to buy an new ID and the VICTIM spends months trying to clean up the mess with the IRS and creditors.

Originally Posted by Mayflowerchick

I think a law needs to be passed to sue the employer that hires them should damage be done to an innocent American citizen,(loss of life property).
This would put a damper on hiring them if you could get the crap sued out of you.

Yep ... I think that idea!

In a 7-1 decision, the Texas Supreme Court reversed and remanded the case for a new trial because the driver's illegal immigrant status should not have been admitted into evidence under the facts of this case.

The illegal status of criminals should be admitted as facts in criminal cases. I read stories all of time that relate to prosecutors bringing up the defendant's past. Illegals should not be protected when actual citizens are not. They are not even mentioning how this guy committed identity fraud. The jury of the re-trial should vote the same as the original did.

The driver should be automatically in the worng for driving without a valid drivers license...he was not legally licensed to drive on U.S. Highways! What crap!
He lied on his application to get a drivers license that alone is a felony!

The MSM here in the NY tri-state area must be adhering to this type of exclusionary rule when reporting crimes committed by known IAs.

If all I believed was what I read in NY papers I'd think IAs are never involved in any illegal activity.

The Texas Supreme Court was clearly wrong in this case. They're elected. Throw the 6 who over-turned this case out on their butts when they're next up for election. Keep the 1 who supported the jury verdict.

2010. Make it count, folks, at all levels in all branches.