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| | Cain worked prior to 2014 for current Texas State District Judge John Schmude. When the Smith camp raised concerns that Cain is a personal injury trial lawyer, Judge Schmude, who is forbidden by law from endorsing candidates, issued a clarification: "[Cain] took over most of my active caseload, which almost entirely centered on family law matters. Based on my personal experience and to the best of my knowledge in working with Briscoe, I can confidently say that Briscoe is not and never has been a personal injury trial lawyer. ... My firm focused primarily on family law and, to a lesser extent, various probate and constitutional law matters."<ref>{{cite web|url=http://briscoecain.com/cain-not-personal-injury-lawyer/|title=The following is a statement by State District Judge, John Schmude, regarding the allegations that Briscoe Cain is a personal injury trial lawyer ...|publisher=briscoecain.com|accessdate=June 5, 2016}}</ref> | | Cain worked prior to 2014 for current Texas State District Judge John Schmude. When the Smith camp raised concerns that Cain is a personal injury trial lawyer, Judge Schmude, who is forbidden by law from endorsing candidates, issued a clarification: "[Cain] took over most of my active caseload, which almost entirely centered on family law matters. Based on my personal experience and to the best of my knowledge in working with Briscoe, I can confidently say that Briscoe is not and never has been a personal injury trial lawyer. ... My firm focused primarily on family law and, to a lesser extent, various probate and constitutional law matters."<ref>{{cite web|url=http://briscoecain.com/cain-not-personal-injury-lawyer/|title=The following is a statement by State District Judge, John Schmude, regarding the allegations that Briscoe Cain is a personal injury trial lawyer ...|publisher=briscoecain.com|accessdate=June 5, 2016}}</ref> |
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| − | Cain polled 3,045 votes (50.2 percent) to Smith's 3,022 (49.8 percent).<ref>{{cite web|url=http://elections.sos.state.tx.us/elchist233_state.htm|title=Election Returns|date=May 24, 2016|publisher=Texas Secretary of State|accessdate=June 5, 2016}}</ref> In the second round of balloting, Cain picked up the support of a third primary candidate, Melody McDaniel. Though Smith sought a recount, he failed to overturn Cain's lead.<ref name=facebook>{{cite web|url=https://www.facebook.com/BriscoeCain/|title=Briscoe Cain|publisher=[[Facebook]]|accessdate=June 5, 2016}}</ref><ref>{{cite news|last1=Svitek|first1=Patrick|title=Challenger's Win Over Rep. Wayne Smith Stands After Recount|url=https://www.texastribune.org/2016/06/03/briscoe-cain-victory-stands-after-hd128-recount/|accessdate=12 January 2017|publisher=''The Texas Tribune''|date=June 3, 2016}}</ref> Cain ran in the November 8 [[general election]] without [[Democratic Party (United States)|Democratic]] opposition.<ref name=yourhouston/> However, a [[Libertarian Party]] candidate, Ken Lowder, unsuccessfully contested Cain's election.<ref>{{cite web|title=Texas 128th District State House Results: Briscoe Cain Wins|url=https://www.nytimes.com/elections/results/texas-state-house-district-128|publisher=''[[The New York Times]]''|date=December 13, 2016|accessdate=January 12, 2017}}</ref><ref>{{cite web|author=Matt Hollis|title=District 128’s new rep ready for duty|url=http://baytownsun.com/news/article_d82519d2-d5a8-11e6-938a-435aaddc954b.html|accessdate=12 January 2017|publisher=''The Baytown Sun''|date=January 8, 2017}}</ref> | + | Cain polled 3,045 votes (50.2 percent) to Smith's 3,022 (49.8 percent).<ref>{{cite web|url=http://elections.sos.state.tx.us/elchist233_state.htm|title=Election Returns|date=May 24, 2016|publisher=Texas Secretary of State|accessdate=June 5, 2016}}</ref> In the second round of balloting, Cain picked up the support of a third primary candidate, Melody McDaniel. Though Smith sought a recount, he failed to overturn Cain's lead.<ref name=facebook>{{cite web|url=https://www.facebook.com/BriscoeCain/|title=Briscoe Cain|publisher=[[Facebook]]|accessdate=June 5, 2016}}</ref><ref>{{cite news|last1=Svitek|first1=Patrick|title=Challenger's Win Over Rep. Wayne Smith Stands After Recount|url=https://www.texastribune.org/2016/06/03/briscoe-cain-victory-stands-after-hd128-recount/|accessdate=12 January 2017|publisher=''The Texas Tribune''|date=June 3, 2016}}</ref> Cain ran in the November 8 [[general election]] without [[Democratic Party|Democratic]] opposition.<ref name=yourhouston/> However, a [[Libertarian Party]] candidate, Ken Lowder, unsuccessfully contested Cain's election.<ref>{{cite web|title=Texas 128th District State House Results: Briscoe Cain Wins|url=https://www.nytimes.com/elections/results/texas-state-house-district-128|publisher=''[[The New York Times]]''|date=December 13, 2016|accessdate=January 12, 2017}}</ref><ref>{{cite web|author=Matt Hollis|title=District 128’s new rep ready for duty|url=http://baytownsun.com/news/article_d82519d2-d5a8-11e6-938a-435aaddc954b.html|accessdate=12 January 2017|publisher=''The Baytown Sun''|date=January 8, 2017}}</ref> |
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| − | One issue in the campaign focused on the placement of tolls on the Fred Hartman Bridge spanning the Houston Ship Channel. Cain claimed that an online petition opposing tolls was a “preventative measure” because, “Smith’s work history and legislative record on transportation gives Texans plenty to be concerned about.”<ref name=yourhouston>{{cite web|url=http://www.yourhoustonnews.com/pasadena/news/cain-smith-head-to-run-off-election-in-district/article_92100419-96af-5dee-b4cc-8648fb7bd3f0.html|title=Cain, Smith head to run-off election in District 128|publisher=yourhoustonnews.com|author=Stacey Glaesmann|date=March 4, 2016|accessdate=June 5, 2016}}</ref> Bob Leiper, a former city manager in Baytown, leaped to Smith's defense in a "Letter to the Editor" of ''The Baytown Sun'': I was astounded by Briscoe Cain‘s claim that Rep. Wayne Smith is somehow trying to make the Hartman Bridge a toll bridge. As an attorney you would think he would seek the truth before making such a wild claim and blaming it on one of the best friends and advocate Baytown ever had in [[Austin]].<ref name=yourhouston/> | + | One issue in the 2016 campaign focused on the placement of tolls on the Fred Hartman Bridge spanning the Houston Ship Channel. Cain claimed that an online petition opposing tolls was a “preventative measure” because, “Smith’s work history and legislative record on transportation gives Texans plenty to be concerned about.”<ref name=yourhouston>{{cite web|url=http://www.yourhoustonnews.com/pasadena/news/cain-smith-head-to-run-off-election-in-district/article_92100419-96af-5dee-b4cc-8648fb7bd3f0.html|title=Cain, Smith head to run-off election in District 128|publisher=yourhoustonnews.com|author=Stacey Glaesmann|date=March 4, 2016|accessdate=June 5, 2016}}</ref> Bob Leiper, a former city manager in Baytown, leaped to Smith's defense in a "Letter to the Editor" of ''The Baytown Sun'': I was astounded by Briscoe Cain‘s claim that Rep. Wayne Smith is somehow trying to make the Hartman Bridge a toll bridge. As an attorney you would think he would seek the truth before making such a wild claim and blaming it on one of the best friends and advocate Baytown ever had in [[Austin]].<ref name=yourhouston/> |
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| | In 2016, Cain was lead attorney for a group of law enforcement personnel whose [[Bible]] study was forbidden by the City of Beaumont, Texas. Earlier, he represented pastors in Houston whose [[First Amendment]] rights were restricted by former Mayor [[Annise Parker, a [[lesbian]]. Because of Cain's stance on religious freedom issues he won the backing of the [[interest group]], Texas Values Action. Jonathan Saenz, the president of TVA, termed Cain "a proven leader for religious freedom, marriage, and life [with an] unwavering commitment to fighting for faith, family, and freedom ..."<ref>"Briscoe Cain gets another endorsement in Texas House Districe 128 race", ''Big Jolly Politics'', January 4, 2016.</ref> | | In 2016, Cain was lead attorney for a group of law enforcement personnel whose [[Bible]] study was forbidden by the City of Beaumont, Texas. Earlier, he represented pastors in Houston whose [[First Amendment]] rights were restricted by former Mayor [[Annise Parker, a [[lesbian]]. Because of Cain's stance on religious freedom issues he won the backing of the [[interest group]], Texas Values Action. Jonathan Saenz, the president of TVA, termed Cain "a proven leader for religious freedom, marriage, and life [with an] unwavering commitment to fighting for faith, family, and freedom ..."<ref>"Briscoe Cain gets another endorsement in Texas House Districe 128 race", ''Big Jolly Politics'', January 4, 2016.</ref> |