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Posts Tagged ‘Court of Criminal Appeals’

What can we do to increase the odds of a downballot Democratic victory?

Yesterday, I raised the possibility of downballot Democrats winning statewide races if 1) polling in the Trump/Clinton matchup remained at or below the six point spread in the recent PPP poll and 2) Democrats did a better job voting all the way down the ballot than Republicans, as has been the case in recent Presidential […]

It’s not crazy to think that a downballot Democrat could win statewide this year

I’ll get to that headline in a minute. I’ve got some reading to sort through first. We’ll start with the most pessimistic, or perhaps the least blue-sky, story of how things are likely to go. Arizona. Georgia. Utah. Indiana. Is Texas next? Across the country in recent days, GOP presidential nominee Donald Trump has suffered […]

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 […]

Paxton appeals to CCA

Last chance to avoid a trial or a plea deal. Texas Attorney General Ken Paxton is appealing the securities fraud charges against him to the state’s highest criminal court, in one last bid to dismiss the case before it potentially goes to trial. Paxton’s attorneys filed the appeal Tuesday with the Texas Court of Criminal […]

Media covers latest voting rights lawsuit

Glad they finally noticed. A group of Hispanic voters has filed a lawsuit challenging how Texas selects judges to its top two courts, arguing that statewide elections for the state Supreme Court and the Court of Criminal Appeals dilutes the voting strength of minorities. The suit is the latest to allege the state’s election structure […]

Voting rights lawsuit filed over Texas statewide judicial elections

This happened on the same day as the Fifth Circuit ruling on voter ID. [Wednesday], the Lawyers’ Committee for Civil Rights Under Law (Lawyers’ Committee), Garza Golando Moran, PLLC, and Dechert LLP filed a lawsuit in the U.S. District Court for the Southern District of Texas on behalf of individual Latino voters alleging that the […]

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 […]

Darlie Routier, 20 years later

Here’s an update on one of the more notorious murder cases in recent history. If it hadn’t been for that crazy Silly String, Darlie Lynn Routier might be a free woman today. At least, that’s what many people believe about the notorious Rowlett woman now on death row after savagely stabbing her 5- and 6-year-old […]

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. […]

Republican primary runoff results

Harris County results Statewide results Trib liveblog Your new State Senators are Bryan Hughes, who defeated his former House colleague David Simpson, and Dawn Buckingham, who defeated former Rep. Susan King. Hughes is a Dan Patrick buddy, who will fit right in to the awfulness of the upper chamber. Buckingham is a first-time officeholder who […]

Endorsement watch: Remember the runoffs

The Chron makes their endorsements for the primary runoffs, which will happen on May 24, with early voting from the 16th to the 20th. Let me sum up: Republican Member, Railroad Commissioner: Gary Gates Judge, Court of Criminal Appeals, Place 2: Mary Lou Keel Judge, Court of Criminal Appeals, Place 5: Scott Walker Democrats Member, […]

Case against Rick Perry officially dismissed

So there you have it. The criminal case against former Gov. Rick Perry was officially dismissed on Wednesday, weeks after Texas’ highest criminal court ordered that it be dropped. Judge Bert Richardson, who presided over the case in Travis County and now serves on the Texas Court of Criminal Appeals, signed an order dismissing the […]

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. […]

Runoff watch: Judicial races

There are three District Court race runoffs on the Democratic side, and two Court of Criminal Appeals runoffs for the Republicans. There are also a few Justice of the Peace runoffs, but I’ll deal with them in another post. 11th Civil District Court – Democratic Kristem Hawkins led this three-candidate race by a wide margin, […]

Is there anything more to the Rick Perry case?

I’m dubious. The special prosecutor in the abuse-of-power case against Rick Perry said Thursday he still hasn’t decided whether to drop the matter a week after the state’s highest criminal court ordered that the indictment against the former governor be dismissed. Special prosecutor Michael McCrum of San Antonio said he and his co-counsel, David Gonzalez, […]

2016 primary reactions and initial impressions

First, a couple of minor notes. Rep. Byron Cook ultimately pulled out a win in his nasty and high-profile primary. That’s good news for Speaker Joe Straus and the general forces of “government that isn’t like a three-year-old coming off a sugar high”. Rep. Wayne Smith was forced into a runoff but did not lose […]

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 […]

CCA dismisses remaining charge against Rick Perry

This would appear to be the end of the road. The state’s highest criminal court dismissed the remaining indictment against former Gov. Rick Perry on Wednesday morning, apparently ending the case that started with his threat to veto state funding for a local prosecutor if she refused to quit her office. […] A ruling earlier […]

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 […]