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Posts Tagged ‘Court of Criminal Appeals’

Perry’s day at the CCA

Now we wait to see if he comes out of this a free man or a man still under one or more indictments. Lawyers for former Gov. Rick Perry fought Wednesday before the highest criminal court in Texas to finish off the 15-month-old indictment against him, while prosecutors argued it was far too early to […]

Paxton moves to dismiss the charges against him

To be expected. [Ken] Paxton’s legal team announced late Monday it had filed six motions to quash the three indictments against him, citing problems with the grand jury process. They also raised other objections to the case in four pretrial applications for writ of habeas corpus. A Collin County grand jury indicted Paxton earlier this […]

Another view of the Temple case

The Press devotes a cover story to the David Temple case and the allegations that then-Assistant DA Kelly Siegler withheld evidence from the defense. In July 2015, visiting Judge Larry Gist issued his damning decree: 36 findings of prosecutorial misconduct in which Siegler either suppressed evidence or disclosed it too late, depriving Temple of a […]

Perry appeal briefs

The latest update on the appeals before the CCA in the Rick Perry matter. The 3rd Court of Appeals this summer tossed one of two counts against Perry, saying the coercion law underlying it violates the First Amendment. The 3rd Court agreed with Judge Bert Richardson, however, that Perry must face the charge of abuse […]

What is coercion, anyway?

It could be the defining legacy of Rick Perry’s career, depending on how things go in the courts. The coercion law has been used only sparingly in Texas, according to records for the past five years, and some legal experts call it problematic. Others, however, say its absence will be felt if the Texas Court […]

CCA will hear appeals of Perry’s indictments

It’s on. The Texas Court of Criminal Appeals on Wednesday granted requests by both Perry and the Office of the State Prosecuting Attorney to determine whether the indictment against Perry should stand. The court set oral arguments for Nov. 4. […] Each side has until Oct. 21 to file briefs with the Texas Court of […]

DA’s office responds to Temple case allegations

Their view differs, to say the least. Three months after a judge ruled that a Katy man convicted of murdering his wife did not get a fair trial and excoriated the prosecutor who handled the case, saying she withheld evidence, the Harris County District Attorney’s Office filed objections to the decision, tackling it point-by-point, and […]

CCA gets ready to deal with Rick Perry

The action never stops. The next move in the felony case against Rick Perry belongs to the state’s highest criminal court, which will decide as early as mid-September whether to accept or reject two appeals in the case. The Court of Criminal Appeals’ decision could go a long way toward determining whether Perry, indicted by […]

State files its appeal of Perry indictment dismissal

It’s official. State Prosecuting Attorney Lisa McMinn on Friday asked the state’s highest criminal court to reverse the decision by the Austin-based 3rd Court of Appeals, which tossed out the charge that Perry coerced a public servant when he tried to force Travis County District Attorney Rosemary Lehmberg out of office. The state’s involvement ratchets […]

Perry appeals his other indictment

More for the CCA to deal with. Lawyers for former Gov. Rick Perry are urging the Texas Court of Criminal Appeals to finish off the remaining charge in his indictment, ratcheting up their push to end the case against the presidential candidate. The request comes a few weeks after a state appeals court dismissed one […]

Siegler responds to Temple case allegations

She comes out swinging. Legendary former prosecutor Kelly Siegler for the first time has responded to allegations of 36 instances of prosecutorial misconduct during an infamous 2007 murder trial. In a statement to the Houston Chronicle by her lawyer, noted Atlanta attorney Lin Wood, Siegler said: “The Chronicle has neglected to mention that the findings […]

Dismissal of Perry indictment appealed

By a new player in the game. Former Gov. Rick Perry didn’t need more bad news Tuesday, but a Texas agency is lining up against his legal team in the criminal case against him. The Office of the State Prosecuting Attorney has decided to appeal a court decision declaring unconstitutional one of the laws under […]

How will we miss Ken Paxton if he doesn’t go away?

Despite his arrest and indictment, Ken paxton might stick around for awhile. Using Texas history as a measure, Ken Paxton’s indictment on securities fraud charges may mean he will have to navigate rough political waters if he stays in office pending his day in court. And even if he should be convicted on the charges […]

Perry wins one and loses one at the appeals court

He’s still under indictment. Former Gov. Rick Perry must face one criminal count in the abuse-of-power case against him but another would be dismissed under a Friday ruling by an appeals court. The ruling by a three-judge panel of the 3rd Court of Appeals in Austin gives Perry a partial victory but, at least for […]

It’s a little easier to run for a statewide judicial office now

From the Quorum Report: In a change that flew under the radar for most and was signed by Gov. Abbott, candidates for statewide judicial offices will no longer be required to gather petition signatures from around the state before they can file. One of the changes quietly made by the Texas Legislature this year will […]

More allegations against Kelly Siegler

Here they come. Howard Guidry was 18 years old when he was charged being the triggerman in a 1994 murder-for-hire case that involved a Missouri City police officer and his estranged wife. Twice he was convicted and sent to death row, and both times the prosecutor who sent him there was Kelly Siegler, the legendary […]

Michael Morton still has work to do

We should be glad he’s doing it. Michael Morton, who spent nearly 25 years in prison for a murder he didn’t commit, said Monday that under current DNA testing requirements, he wouldn’t have had access to the evidence that led to his release. Morton joined state Sen. Rodney Ellis, D-Houston, and lawyers from the New […]

Perry still under indictment

Oops. A judge on Tuesday rejected former Gov. Rick Perry’s attempt to throw out a two-count indictment against him, saying it’s too early in the case to challenge the constitutionality of the charges. Perry’s attorneys immediately filed notice that they will appeal the 21-page ruling, which was issued Tuesday afternoon by Bert Richardson, a Republican; […]

Judge Richardson will stay on the Perry case

Good to know. The way is cleared for Judge Bert Richardson of the Texas Court of Criminal Appeals to continue presiding over former Gov. Rick Perry’s criminal case, under an order by the judicial region’s presiding judge. The order was necessary to allow Richardson to rule on a pending effort by Perry’s lawyers to dismiss […]

Profile of Bert Richardson

The Chron has a nice story about Bert Richardson, the well-regarded judge in the Rick Perry trial, though they manage to completely avoid addressing a key issue regarding him. When Gov. Rick Perry was asked whether the criminal case against him could mar his potential presidential bid, he waved off the idea by saying he […]

Perry has a court date

Happy Halloween, Rick. Visiting Judge Bert Richardson of San Antonio on Monday set the appearance for Oct. 31. Richardson also gave special prosecutor Michael McCrum until Nov. 7 to respond to two motions to quash the case. Richardson had excused Perry from appearing in court Monday. The governor is traveling overseas this week, leading an […]

DeLay gets off

Sure is nice to have friends in high places. Siding with a decision made a year ago by a lower appeals court, the Texas Court of Criminal Appeals on Wednesday refused to reinstate money-laundering convictions against former U.S. House Majority Leader Tom DeLay. In an 8-1 decision, the state’s highest criminal court backed a Texas […]

McCrum asks for help

Because many against one is not a fair fight. The special prosecutor in the case against Gov. Rick Perry is asking for some help. San Antonio lawyer Michael McCrum, who guided the case to last month’s indictment, filed a motion Friday asking a state court to fund a co-counsel. “Mr. Perry has filed several pleadings […]

The enduring mystery of Lawrence Meyers

People are still speculating about why the enigmatic CCA Judge switched parties. Lawrence “Larry” Meyers did something last year that no other politician in Texas has done in nearly two decades: He became a statewide Democratic officeholder. As Democrats gather in Dallas this week for their state convention, Meyers — a Court of Criminal Appeals […]

DeLay gets his day before the CCA

Looks like he might have had a pretty good day, too. Oral arguments in Tom DeLay’s decadelong legal fight with the Travis County District Attorney’s office heated up Wednesday as Republican judges on the Texas Court of Criminal Appeals questioned whether prosecutors could prove the former House majority leader illegally funneled corporate money to state […]

Today’s the day for Tom DeLay at the CCA

Apologies for the excessive alliteration. I got on a roll and couldn’t stop. DeLay’s appellate lawyer, Brian Wice of Houston, and Travis County prosecutor Holly Taylor will argue Wednesday before the state’s highest criminal court in Austin over whether the jury’s verdict should be reinstated or if DeLay will be exonerated. A victory by DeLay […]

On defining success

It depends on what your goals are. Suppose you were a Texas Democrat and a realist. You want your candidates to win in November and to break the spirit-killing string of losses that started after the statewide elections in 1994. But you have been scratching for reasons that this year will be different, from the […]

TPJ files amicus brief in DeLay appeal

It’s almost time for Tom DeLay to go to court again. A government-watchdog group on Tuesday petitioned the state’s highest criminal court to reinstate the money-laundering and conspiracy convictions of former U.S. House Majority Leader Tom Delay, moving to join a brewing legal fight before a scheduled June 18 court hearing in the case. DeLay, […]

CCA to review dismissal of DeLay conviction

The criminal justice system isn’t done with Tom DeLay just yet. The Texas Court of Criminal Appeals on Wednesday agreed to review whether a lower court correctly decided last fall to toss out the prison sentence handed to former House Majority Leader Tom DeLay on money-laundering charges. The state’s highest court on criminal matters announced […]

How much will science advance in the courts?

It’s up to the CCA to decide. Texas’ highest criminal court will hear arguments Wednesday in a case that could affect how evolving scientific evidence is used in courtrooms across the state. For Neal H. Robbins, the high court’s decision will determine whether he gets another shot at arguing his innocence. In 1999, a jury […]

January finance reports for Democratic statewide candidates

With the exception of a stray missing report here and there, all of the January campaign finance reports for state office holders and seekers are up on the Texas Ethics Commission webpage. Here’s a brief look at the reports filed by Democratic candidates for statewide offices. I already have reports for the candidates in contested […]

What is the sound of one politician switching?

It depends. When Lawrence Meyers won a seat on the statewide Court of Criminal Appeals in 1992, he was the first Republican elected to the state’s highest criminal court. This month he made history again. After switching parties, Meyers, who had been a judge in Fort Worth, became the first Democrat to hold statewide office […]

Final filings: We have a statewide Democrat

Boy, I didn’t see this coming. Longtime Texas Court of Criminal Appeals Judge Lawrence “Larry” Meyers announced Monday that he is leaving the Republican Party to run as a Democrat for the Texas Supreme Court. Meyers, of Fort Worth, filed Monday on the last day of filing to seek Place 6 on the Supreme Court, […]

DeLay wants to sue

Whatever you say, dude. Former House Majority Leader Tom DeLay, reveling in victory Thursday against Texas prosecutors in a money-laundering case, said his political career is over but he’s eager to return to the courthouse. If he can find a lawyer “with a backbone,” DeLay said, he’ll considering suing the Travis County district attorney for […]