May 19 roundup

by Walter Olson on May 19, 2008

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Thong shrapnel alleged in Victoria’s Secret suit
06.20.08 at 10:35 am

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1 The Curmudgeonly Ex-Clerk 05.20.08 at 12:17 am

Regarding the first story linked, it is not entirely accurate that “[i]ndividuals can’t constitutionally be imprisoned in Texas for failing to pay a debt.” There’s a Court of Appeals decision (the name of which escapes me at the moment) that specifies that the constitutional provision at issue solely applies to those incapable of paying the debt. When the debt has been reduced to a final judgment, flagrant refusal to pay despite having the means can result in imprisonment for contempt in Texas. The opinion in the Skero case states that he did not “challenge the trial court’s finding that he had the ability to pay the attorney’s fees.” So the trial court’s decision probably could have been upheld on this basis as well (though it goes unremarked in the appellate court’s opinion).

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