ustxtxb_obs_1980_10_31_50_00024-00000_000.pdf

Parisian Charm. Omelette & Champagne Breakfast. Beautiful Crepes. Afternoon Cocktails. Gallant Waiters. Delicious Quiche. Evening Romance. Continental Steaks. Mysterious Women. Famous Pastries. Cognac & Midnight Rendezvous. In short, it’s about everything a great European style restaurant is all about. k he can St Cafe 310 East 6th St. Austin, Texas Postmaster: If undeliverable, send Form 3579 to The Texas Observer, 600 W. 7th, Austin, Texas 78701 Stick with Carter “A man’s reach should exceed his grasp, else what’s a heaven for?” Carter promised more than he could accomplish. Not having an evangelical hotline to Heaven, we can only assume God knows he tried . . . on aid to the aged, the handicapped, the unemployed, education for the underprivileged, on energy, conservation, environmental protection, human rights at home and abroad, equal rights for women, and against boondoggling ripoffs, gas guzzlers, and a bureaucracy which may be beyond control. We gripe about state and federal regulations, but what wee, cowering, timorous mousie can bell the corporate cat? With Love canals, nuclear wastes whether we want them or not, bribery, food and drug problems, we must ask for stronger controls than the corporate consciences of free enterprise. Stick with Carter-Mondale; they’re still our best choice. Roger Swann Austin Chilled It chills me that The Texas Observer would hire an editor who could write that “it makes no difference” if Jim Wright is replaced by Jim Bradshaw in Fort Worth. That is self-defeating cynicism. It is destructive cuteness. It would be silly, if it weren’t about such an important election. Richard H. White Falls Church, Va. Favors Amendment 8 Your recommendation that your readers vote against Constitutional Amendment No. 8 on November 4 is founded, at least in material part, on a false premise. Moreover, you offer no alternative for solving the critical caseload situation in which the Court of Criminal Appeals finds itself. Either you have misread the amendment or you have been misinformed about its contents. You will note that it provides that the appeal in all death penalty cases “shall be to the Court of Criminal Appeals,” and that appeals in “all other criminal cases shall be to the Court of Appeals as prescribed by law.” The amendment then grants the Court of Criminal Appeals additional discretionary power to “review a decision of a Court of Appeals in a criminal case as provided by law.” The words “appeal” and “appeals” as used in the paragraph refer to removal of cases from trial courts to superior courts for review. All death cases would be “appealed” to the Court of Criminal Appeals. All others would be “appealed” to the intermediate courts “as prescribed by law.” At this point the provision in the opening paragraph steps in giving “final appellate jurisdiction” to the Court of Criminal Appeals “as may be provided” in the constitution “or as prescribed by law.” In other words, the legislature could provide that in certain categories of cases a defendant could obtain review by the Court of Criminal Appeals of an intermediate court decision and could not do so in other categories. Then “in addition,” the Court of Criminal Appeals could, “on its own motion,” review an intermediate court decision “as provided by law.” Thus, the provision which gives the Court of Criminal Appeals a “discretionary” power of review expands, rather than limits, its authority to review intermediate court decisions, as your article indicates. Robert W. Calvert Austin \(Calvert is a former Chief Justice of the Granted, the Legislature could provide for review by the Court of Criminal Appeals in a multitude of cases or even all cases. We think the chances of that happening are quite slim. After all, there wouldn’t be much point in sending the cases to the Courts of Appeal if they were all going to wind up in the same place anyway. We are pleased that death penalty cases would go to the Court of Criminal Appeals, but that hardly makes up for the fact that most cases would be decided by the less experienced \(in crimCourts of Civil Appeals. Eds. the legendary RAW DEAL Steaks, Chops, Chicken open lunch and evenings 605 Sabine, Austin No Reservations IF YOU ARE an occasional reader and would like to receive The Texas Observer regularlyor if you are a subscriber and would like to have a free sample copy or a one-year gift subscription sent to a friend here’s the order form: SEND THE OBSERVER TO name address city state zip this subscription is for myself gift subscription send card in my name sample copy only you may use my name $18 enclosed for a one-year subscription bill me for $18 MY NAME & ADDRESS THE TEXAS OBSERVER 600 W. 7th, Austin, Texas 78701 DialOgUelfrom page 23 24 OCTOBER 31, 1980