Off the Kuff Rotating Header Image

Posts Tagged ‘Court of Criminal Appeals’

The most interesting statewide primary is for the Court of Criminal Appeals

Too bad no one’s paying attention. When the first Republican ever elected to the Texas Court of Criminal Appeals decided in 2013 to switch parties after 20 years on the bench, the move made national news. Now as the only Democratic statewide official in Texas, Judge Larry Meyers is anticipating a losing battle. “Oh, not […]

This week on “As Collin County Turns”

I swear, the Ken Paxton case is a giant vortex of political suck, absorbing everything in its wake. The Collin County district judge who oversaw the grand jury indictment of state Attorney General Ken Paxton is now facing a complaint before the State Commission on Judicial Conduct. Chris Oldner – whose comments about the politically […]

Filing deadline highlights

I’m taking a look at interesting bits from the state and Harris County Democratic Party filings. You can see the latter here; there isn’t a page dedicated to this on the TDP webpage (why?) but via this press release we find the SOS candidate filing report, which once filtered for Dem only gives us what […]

Paxton remains under indictment

Sorry, Kenny. A state district judge on Friday rejected Ken Paxton’s request to throw out his three felony indictments, likely sending the first-term attorney general to trial next year unless his lawyers appeal the ruling. “Yes, all the motions we filed have been denied,” said Philip Hilder, one of Paxton’s attorneys, Friday. “We are extremely […]

Judge from Paxton grand jury hearing has his say

Time for more popcorn. Once upon a time, Ken Paxton and Chris Oldner were political allies, dinner companions, and perhaps, even friends. Not any more, though. In legal filings and court hearings, Attorney General Ken Paxton’s legal team has taken a scorched earth approach to attacking Oldner, accusing the veteran Republican jurist of orchestrating a […]

Paxton’s first day in court

And they’re off! Clashing at a pretrial hearing Tuesday, lawyers for Attorney General Ken Paxton dismissed the criminal case against him as the result of a “rogue prosecution,” while prosecutors accused Paxton of relying on “nonsense” arguments and a string of legal technicalities to challenge the charges of securities law violations. State District Judge George […]

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, […]