Monday, April 18, 1983/The Battalion/Page 5
Man overstays jail
term by 10 months
United Press International
OUSTON — A three-
[ember state appeals court
has blasted a Harris County
misdemeanor judge for allow
ing a man serving a six-month
■spassing sentence to spend
rtearly 16 months in jail, court
[records showed.
■The First Court of Appeals
Friday called the case “shock
ing to our sense of justice,”
and one member declared
“this injustice was done inten
tionally.”
lS Conn
-iveoffin,
AM |
-he Ye#,^criticize
he appeals panel strongly
d Ha
Harris County
r mapJurt-at-Law Judge Jimmie
i.in ijl jDuncan for his handling of
■ case of Cleveland Hicks Jr,
ofou, 24, a part-time student and
ecutijsecurity guard.
pmemfWDuncan, however, said the
five-mr °P!' m<)n shows that the
hem! appeals court “does not know
duate |M? at t ^ e hHl they are talking
?isa(o!« ,ut -”
>ah LiBHicks was released Iromjail
Thursday after attorney Leta
—| U g|, t , Moeller discovered he had
[men Jbern “lost in the system,” hav
ing served nearly three times
his sentence on a misde-
leanor trespassing charge.
Attorney Moeller said she dis
covered Hicks’ plight last
week, took over the case and
secured Hicks’ release on a
personal recognizance bond.
Duncan sentenced Hicks to
180 days in the county jail af
ter a jury convicted him of
trespassing for refusing a sec
retary’s request to move out of
a hospital personnel office to
fill out a job application.
At the time of sentencing,
Hicks already had served
more time than his sentence,
and Duncan declared him
free to go.
But Hicks insisted on
appealing thejury’s guilty ver
dict and returned to jail be
cause he was unable to post
the routine $2,500 appeal
bond set by Duncan.
“(Duncan) had a clear and
unmistakable ministerial duty
to order that (Hicks) be dis
charged from confinement,”
the court said.
The panel stated that Dun
can was aware that Hicks had
already served longer than his
sentence and would be unable
to post an appeal bond. The
court said it would not tolerate
situations in which judges
force defendants to either
give up their appeal or go
back to jail.
“That Cleveland Hicks
should have served 494 days
on a 180-day sentence is out
rageous and unjustifiable,”
wrote Associate Justice Murry
Cohen.
“This is not a case where
the jailer forgot to release a
prisoner at the end of his sent
ence. This injustice was done
intentionally,” Cohen wrote.
Duncan Friday said he
thought Hicks’ court-
appointed attorneys, Ron
Mock and Ben Durant, had
paid the bond and Hicks was
free pending his appeal.
“Since he didn’t want to go
home, I forgot about it,”
Durant said. “He said he
could get three square meals a
day there, and that he would
be all right.”
“The kid should have been
been released when he got
credit for his back time. I
don’t know whose fault that is.
Perhaps I should have check
ed to make sure the kid got
out of jail,” Durant said.
' Fair
Sryanli
lives, i
brents win damage
after child’s death
es,wiUH
-U.™ -■WJnited Press International
HOUSTON — A parent
2-year-old child was
s3S« led on playground equip-
^ ‘ijwat a Houston daycare cen-
. .JBiid he was “gratified” he
one $300,000 damage suit be-
| it might help prevent fu-
layground losses.
re happy and gratified
be we have helped out
parents,” said David
one of the parents of
the child killed while climbing
on outdoor gym equipment at
the Houston Montessori Chil
dren’s Center. “But this was a
horrible way to prove a point.
There is no way to adequately
express the loss of a child, our
Howard.”
He said attorneys were gener
ally reluctant to handle his case
because of its unusual nature.
“The parents of children
usually have little recourse in
these cases,” he said. “But we
feel this decision may set a major
precedent. It may be a landmark
in favor of children.”
A jury ruled the center was
negligent in the child’s death by
failing to provide proper super
vision, proper life-saving aid
and proper emergency training
for employees.
Later state licensing officials
examined the playground and
recommended several safety
changes, Nemon said.
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Tax cut, deficit discussed
United Press International
DALLAS — House Majority
Leader Jim Wright, D-Texas,
said Saturday the elimination of
the third year of President
Reagan’s tax cut would chop $30
billion from the projected $204
billion budget deficit and help
sustain the nation’s economic re
covery.
Wright, in a symposium on
the budget, said national polls
indicated 65 percent of Amer
icans would rather see the deficit
reduced than have a token
amount of extra money in their
paychecks.
“The polls show Americans
don’t believe they’ll ever see the
money from a tax cut,” Wright
said. “But they do want the de
ficit reduced.”
The symposium, organized
by the Committee for a Respon
sible Federal Budget and under
written by the Kerr Foundation
in Oklahoma, was a gathering of
Republican and Democratic
officials and members of the
news media to explain the
budget process to Americans
and the hazards of continued
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deficit spending.
“There are some hard facts
and some difficult choices,”
Wright said. “The current de
ficit (three times higher than any
“The current deficit
must be an embarrass
ment to the president.
He offered his econo
mic recovery plan, and
with very few excep
tions Congress has fol
lowed it. ” — House Ma
jority Leader Jim
Wright, D-Texas.
previous administration) must
be an embarrassment to the
president. He offered his econo
mic recovery plan, and with very
few exceptions the Congress has
followed it.”
The result, he said, was a fed
eral budget deficit reaching the
$200 billion range instead of
being balanced, with unemploy
ment in the area of 9 percent
and double digit interest rates.
With the deficit so high,
panel members said the govern
ment was borrowing up to 80
percent of the money in Amer
ican savings accounts — com
pared with 50 percent in the
Carter administration — mak
ing it difficult for the private sec
tor to compete for loan money.
The result is that industries
dependent on loans for survival
may have to pay higher interest
rates.
Sen. Pete Domenici, R-N.M.,
chairman of the Senate Budget
Committee, said despite
Wright’s warning that Reagan’s
tax cut should be eliminated,
there was little chance of that
happening. He also said Reagan
had pledged to veto any bill
trying to kill the tax cut.
Rudolph Penner, an econom
ist with the American Enterprise
Institute, said the ideal economy
would be one with 5 percent
annual growth through 1986, an
unemployment rate no higher
than 6 percent and an inflation
rate in the neighborhood of 3 to
4 percent.
Penner said, however, if the
economy starts coming back too
fast — raising the specter of in
flation running 7 or 8 percent —
the recovery could be aborted
and turn down again.
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