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Posts Tagged ‘5th Court of Appeals’

First Paxton trial hearing in Harris County

Not much happened, but there are some big questions to address. The securities fraud case against Texas Attorney General Ken Paxton kicked off Thursday in Harris County with no new trial date being set. Instead, the new judge in the case, Robert Johnson, asked both sides to come back July 27 to continue discussing a […]

Collin County would like us to pick up the Paxton prosecutor tab

I’ll bet they would. As Attorney General Ken Paxton’s legal troubles head into their third year, there’s another question aside from whether he’ll beat the rap — who will pay for it all? Taxpayers in Collin County, where Paxton was indicted on three felony charges, have had to pick up the tab. This hasn’t gone […]

CCA declines to get involved in Paxton judge dispute

That’s that, then. Texas’ highest criminal court has declined to intervene in the dispute over the judge in Attorney General Ken Paxton’s securities fraud case. On Friday, prosecutors asked the state Court of Criminal Appeals to reverse a lower appeals court ruling that supported Paxton’s push to remove the judge, George Gallagher. On Wednesday, however, […]

Paxton prosecutors appeal decision to boot judge

And on we go. Prosecutors in the securities fraud case against Attorney General Ken Paxton are asking the state’s highest criminal court to overturn a ruling backing his push for a new judge. Paxton’s lawyers scored a win Tuesday when a state appeals court ruled the judge, George Gallagher, had lost jurisdiction by changing venue […]

5th Court rules Paxton judge overstepped

Yet another bizarre turn in this increasingly bizarre case. A state appeals court sided Tuesday with Attorney General Ken Paxton in his bid for a new judge in his securities fraud case, ruling the current judge lost jurisdiction when he changed venue to Harris County in April. The court also directed the judge, George Gallagher, […]

Time for the 5th Court to decide on Paxton prosecutor pay

Do your job, y’all. Texas Attorney General Ken Paxton’s months-long effort to remove the judge in his securities fraud case is coming to a head in a Dallas appeals court. Prosecutors say the 5th Court of Appeals has no jurisdiction to get rid of the judge, George Gallagher, because he has moved the case out […]

Collin County punts prosecutor pay question back to appeals court

Incoming! The Collin County Commissioners Court has voted to not pay the prosecutors pursuing criminal charges against Attorney General Ken Paxton. The 5th Court of Appeals last week directed the commissioners to vote on the prosecutors’ latest bill before it can rule on a lawsuit challenging the fees’ legality. On Monday, the commissioners voted against […]

Appeals court chooses not to decide in Paxton prosecutor pay case

This is oddly fitting. The 5th Court of Appeals on Wednesday said they won’t make a decision on whether the three prosecutors’ fees are legal until the county votes to pay their last bill, which topped $205,000. The prosecutors’ pay has been on hold since January. The court has told the Collin County Commissioners Court […]

Appeals court hears Paxton prosecutors pay arguments

Meanwhile, back in Dallas, the 5th Court of Appeals had a hearing on the never-ending lawsuit by a Collin County crony to cut off payments to the Ken Paxton special prosecutors. On its face, the lawsuit filed by Jeffory Blackard, who has donated to Paxton’s campaign, appears to be an attempt to undermine the prosecution […]

Appeals court to determine if Paxton gets a new judge

Hold everything. A state appeals court has intervened in the securities fraud case against Attorney General Ken Paxton, putting it on hold as his lawyers try to get a new judge. Hours after Paxton’s team requested that the Dallas-based 5th Court of Appeals get involved, the court on Tuesday issued a stay of all proceedings […]

Paxton wants a new judge

He may not get his wish. The judge presiding over Attorney General Ken Paxton’s criminal trial plans to remain on the case, regardless of Paxton’s request for a new judge, his spokesman said. “He anticipates remaining the judge,” District Judge George Gallagher’s spokeswoman Melody McDonald Lanier told the Houston Chronicle Thursday. Paxton’s criminal defense team […]

More on the attack on the Paxton special prosecutors’ pay

From Texas Lawyer. As courtroom twists go, this one is practically unheard-of: On the brink of bringing Texas’ attorney general, Ken Paxton, to trial on felony securities fraud charges, the government’s prosecutors are threatening to bail out of the case unless they get paid. Whether one of the biggest criminal cases in Texas finally goes […]

Paxton prosecutors ask for delay

Delay for pay, as it were. The special prosecutors handling the securities fraud case against Texas Attorney General Ken Paxton are asking to put off his trial until they can get paid. On Thursday, the prosecutors proposed moving the trial, currently set for May 1, to 60 days after a Dallas appeals court settles the […]

Paxton prosecutor pay suspended

Whiplash! Collin County must immediately stop paying the three lawyers prosecuting Ken Paxton’s criminal fraud case, a Dallas court has said. The 5th Court of Appeals in Dallas on Monday temporarily halted the payments — the result of a lawsuit filed against the county and prosecutors by a local taxpayer — and will consider a […]

Appeals court tosses Paxton prosecutor payment lawsuit again

Round and round we go. The three lawyers prosecuting Texas Attorney General Ken Paxton can continue to get paid, at least for now, a Dallas appeals court decided this week. For more than a year, local real estate developer Jeffory Blackard has waged a legal battle to keep the prosecutors from getting paid. Blackard alleges […]

Races I’ll be watching today, non-Legislative edition

This is my companion to yesterday’s piece. 1. SBOE district 5 I’ve discussed the SBOE races before. This particular race, between incumbent Ken Mercer and repeat challenger Rebecca Bell-Metereau, is the one that has the closest spread based on past performance, and thus is the most likely to flip. If it does flip, it would […]

State Bar dismisses other complaint against Paxton

No matter what else happens, our ethically challenged Attorney General can say he beat at least one rap against him. Attorney General Ken Paxton telling county clerks they do not have to issue marriage licenses to same-sex couples is not a sign of “professional misconduct,” according to the State Bar of Texas. The organization last […]

Another view of Democratic goals for 2016

Sounds about right. Some Democrats say Clinton has a chance at winning a majority in Texas, where interest is heightened because U.S. Housing and Urban Development Secretary Julián Castro has been mentioned as a possible Clinton running mate. Castro said Friday that he isn’t being vetted as one. They’re looking for Trump’s rhetoric to help […]

District appeals court declines to reconsider Paxton indictment

Sorry, Kenny. A state appeals court Thursday rejected Attorney General Ken Paxton’s motion to reconsider its June 1 ruling that upheld criminal charges against him. The two-sentence order from the Dallas-based 5th Court of Appeals gave no reason for the ruling. […] Paxton will have 30 days to decide whether to take his appeal to […]

Paxton asks appeals court to reconsider

Pretty please? Lawyers for Attorney General Ken Paxton on Wednesday asked a state appeals court to reconsider its recent ruling that upheld the criminal charges against him. The motion did not address the two most serious charges alleging that Paxton committed fraud when he solicited investors in Servergy Inc. without disclosing that he was being […]

5th Court of Appeals refuses to toss Paxton indictments

Sorry, Kenny. A Dallas appeals court on Wednesday upheld Attorney General Ken Paxton’s three felony fraud indictments, a decision he is likely to appeal to the highest criminal court in the state. “We are gratified but not surprised that just three weeks after oral argument, the en banc court of appeals unanimously concluded that Mr. […]

Paxton’s day in appellate court

The grand jury was out to get Ken Paxton, apparently. Lawyers for Attorney General Ken Paxton on Thursday tried to cast doubt on the makeup of the grand jury that indicted him. They’re hoping to overturn a lower court’s decision not to dismiss the securities fraud charges against him. Much of the discussion at the […]

Meyers voter ID lawsuit on hold

That’s my interpretation of this. Texas Court of Criminal Appeals Judge Larry Meyers and his co-plaintiff yesterday nonsuited their lawsuit against the state that claimed the voter ID law was unconstitutional. The plantiffs plan to refile their lawsuit after they gather more evidence, said their attorney, Andrew Sommerman. The nonsuit came just one day after […]

Paxton prosecutor payment lawsuit tossed again

And again I say, good. The Fifth Court of Appeals has dismissed a challenge to the payments being made to three sets of special prosecutors appointed in connection with criminal charges against Texas Attorney General Ken Paxton. Collin County taxpayer Jeffory Blackard filed a civil suit late last year challenging the $300-per-hour fees charged by […]

Meyers’ voter ID lawsuit gets appellate hearing

I hope he gets to keep it going. [Court of Criminal Appeals Justice Lawrence] Meyers filed his state lawsuit in October 2014, while another legal challenge to the state’s voter ID law was pending in federal court in Corpus Christi. A federal judge overturned the law, but it has remained in effect during the state’s […]

Paxton to get full court treatment

The full (sort of) 5th Court of Appeals will decide whether to dismiss or uphold the indictments against AG Ken Paxton. The 5th Court of Appeals announced late Friday that instead of the typical three-judge panel, nine of its 13 justices will hear oral arguments in Paxton’s case on May 12. Four justices stepped aside […]

Paxton prosecutors file their response briefs at the 5th Court of Appeals

In sum: Don’t think about Rick Perry! A Travis County court’s decision to throw out Rick Perry’s abuse-of-power indictments should have no bearing on Ken Paxton’s securities fraud case, the team prosecuting the first-term attorney general wrote in their latest brief filed Monday. “Comparing Rick Perry’s case with Mr. Paxton’s is like comparing Citizen Kane […]

Another look at how long the Paxton case could take

The DMN makes the same comparisons that I have made. Ken Paxton has spent eight months — the majority of his time as attorney general — under indictment. The legal cloud shows no sign of dissipating. How long the case takes to resolve depends almost entirely on decisions made by Paxton and his legal team. […]

Paxton files his first indictment appeal

And on we go. Texas Attorney General Ken Paxton continues to fight to get out from under three felony indictments, arguing anew before a Dallas appeals court that he is innocent of accusations he repeatedly violated state securities laws. “We argue that the entirety of all three indictments should be dismissed,” Bill Mateja, one of […]

Don’t hold your breath waiting for the Paxton appeals process to play out

Better settle in and get comfy, because this could take awhile. An appeal by Attorney General Ken Paxton, who is seeking to dismiss charges that he violated state securities laws, will extend at least into spring, with a strong chance of a ruling being delayed until summer or later. The Dallas-based 5th Court of Appeals […]

Meyers voter ID lawsuit to proceed

An update on that other voter ID lawsuit. Texas Court of Criminal Appeals Judge Larry Meyers claims that the state’s voter ID law violates the Texas Constitution, and the court ruled that the case will proceed after rejecting defendants’ arguments that the court lacked jurisdiction. Meyers—who filed the lawsuit as a private citizen, not as […]