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Posts Tagged ‘Third Court of Appeals’

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 […]

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 […]

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 […]

The cloud still hanging over Rick Perry’s head

Ain’t easy running for President when you’re under indictment. Yet for all the implications of seeking the White House as a criminal defendant, Thursday’s announcement brings another far less political reminder: The case, quite simply, is still ongoing, unaffected by months of legal bickering and bluster. For Craig McDonald, head of Texans for Public Justice, […]

To recuse or not to recuse

That is the question. More than a week after a judge who once worked for Rick Perry was tapped to hear an appeal in the former governor’s indictment, it’s still unclear whether he’ll see the case through. Legal experts say Justice Bob Pemberton’s connections to Perry could put him in the tough position of having […]

Perry meets his appellate judges

He knows one of them very well. Rick Perry may be somewhat familiar with one of the judges picked to hear an appeal in the criminal case against him. That’s because Justice Bob Pemberton has worked for the former governor, representing him in court as his deputy general counsel. After that job, Perry appointed him […]

Prosecutors respond to latest Team Perry filings

Back and forth, forth and back. The special prosecutor in the case against Rick Perry is asking a judge to deny the former governor’s latest two efforts to quash the indictment against him. Perry, meanwhile, is once again showcasing a high-profile group of legal scholars who think the case against him should be dismissed. The […]

Perry appeals to appeals court again

It had been a few weeks since his lawyers filed any paperwork, so I guess they were getting twitchy. As the race for president shapes up, former Gov. Rick Perry is imploring a state appeals court to take quick action in the criminal case against him. In his latest court filing, Perry said a decision […]

Perry goes to appeals court with latest motion to dismiss

Leave no stone unturned, and no hour unbilled. Rick Perry’s lawyers have asked a state appeals court to dismiss the indictment against the former governor, saying he lawfully used his power to veto funds to the Travis County district attorney’s office and his right to do so is protected by free speech. “On its face, […]

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; […]

Supreme Court re-upholds strip club tax

Technically, they declined to re-review it, but practically speaking I figure it’ll amount to the same thing. The Texas Supreme Court on Friday declined to review whether a $5-per-patron fee at live nude entertainment clubs is an occupation tax in disguise, letting stand a lower appeals court ruling that found alcohol-serving Texas strip clubs must […]

Bell ordered to pay $300K to RGA

Ouch. Unsuccessful 2006 Democratic gubernatorial candidate Chris Bell, once awarded $2 million in his lawsuit against the Republican Governors Association, has instead been ordered to pay the organization $300,000 in legal fees after losing on appeal. The case dates to the closing days of the 2006 campaign, when the national association wrote two $500,000 checks […]

Appeals court rules against KSP

From last week, from the inbox via the Texas Democratic Party: (Yesterday), the Texas Democratic Party prevailed in King Street Patriots v. Texas Democratic Party, when the Texas Court of Appeals for the Third District confirmed a lower court decision to uphold provisions of Texas campaign finance law. [Campaign Legal Center, 10/8/2014] The Texas Democratic […]

What next for school finance?

That depends on the Attorney General and the Supreme Court, but one way or the other it’s up to the Legislature. State lawmakers from both parties agreed the responsibility for funding public schools falls on them. But history suggests the Legislature is reluctant to act until its hand is forced. “I would be surprised if […]

On Mike McCrum and Pa Ferguson

There were two stories from Sunday about special prosecutor Mike McCrum that were worth flagging. First, here’s the Express News with an angle that I think has been underappreciated. People who know McCrum said he is not the type to use a case to play politics. San Antonio defense attorney Patrick Hancock said McCrum is […]

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 […]

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, […]

It was a bad week for the strip clubs

Another adverse court ruling. A state appeals court on Friday upheld the legality of the state’s so-called “pole tax” on nude entertainment clubs, the latest decision in a six-year battle by Texas officials to collect the $5-per-customer fee from more than 200 strip clubs. In a 16-page decision, the 3rd Court of Appeals overruled a […]

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 […]

Bell lawsuit award against RGA tossed by appeals court

Some old history got raked up recently. An attorney for failed 2006 Democratic gubernatorial candidate Chris Bell is considering appealing a state appeals court’s decision to throw out a $2 million award to Bell in a lawsuit where Bell contended a national Republican organization violated state laws with $1 million in campaign donations to Republican […]

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 […]

DeLay gets off

Bummer. Former U.S. Rep. Tom DeLay’s political money laundering conviction was overturned by the state’s 3rd Court of Appeals on Thursday. “Based on the totality of the evidence, we conclude that the evidence presented does not support a conclusion that DeLay committed the crimes that were charged,” the judges ruled. “The fundamental problem with the […]

Colyandro takes a plea

Missed this on Friday. It took five minutes for Capitol figure John Colyandro to end a decade-long saga that swept his boss, former U.S. House Majority Leader Tom DeLay, out of Congress and politics altogether. Colyandro, the last individual with charges pending in the DeLay money-laundering case, pleaded guilty Friday to lesser charges of accepting […]

DeLay argues his case before the appeals court panel

It’s an old, familiar argument. Former U.S. House Majority Leader Tom DeLay should not go to prison on money-laundering charges because the 2002 campaign transaction involved a $190,000 check and not cash, his lawyer argued before the Third Court of Appeals Wednesday. Houston lawyer Brian Wice said the Legislature later changed the money-laundering statute to […]

Henson removed from DeLay appeals case

Score one for Team DeLay. Former U.S. House Majority Leader Tom DeLay has won a tactical victory with the removal of Justice Diane Henson, a Democrat, from his appeal. A motion to remove Henson was granted late Friday without comment and posted on the 3rd Court of Appeals’ website. The action might put the much-delayed […]

Former DeLay aide Ellis pleads guilty

This was out of the blue. Tom DeLay’s chief political aide, Jim Ellis, pleaded guilty Thursday to a felony charge of making an illegal campaign contribution during the 2002 election. Ellis, who headed DeLay’s Americans for a Republican Majority political action committee, was the aide who negotiated an exchange of $190,000 of corporate money for […]

The exoneration that wasn’t

I don’t know about you, but I’d forgotten about this. A Texas judge who reviewed the controversial 2004 execution of Cameron Todd Willingham planned to posthumously exonerate the father who was put to death for killing his three daughters in a house fire. Scientific experts who debunked the arson evidence used against Willingham at his […]

A trio of trial updates

Planned Parenthood versus Texas: A ruling affecting health care, including contraception, for some 130,000 low-income Texas women probably won’t come until late this year as Planned Parenthood and the state of Texas plan for mid-October oral arguments in their legal fight. The state is appealing a preliminary injunction that U.S. District Judge Lee Yeakel granted […]

Will the last judge on the Third Court of Appeals please issue a ruling on Tom DeLay?

The way this is going, we may have to start importing judges from other states. Former U.S. House Majority Leader Tom DeLay’s appeal has taken an unexpected turn as three Republican justices removed themselves from his money laundering case in just a matter of days. That leaves the fate of DeLay, a high-profile Republican who […]

“Checks aren’t cash” back before 3rd Court of Appeals

Sometimes when you least expect it, Tom DeLay pops up in the news. It would defy common sense to reverse the three-year prison sentence of former U.S. House Majority Leader Tom DeLay because his money-laundering case involved a check instead of cash, Travis County prosecutors are arguing. Their argument comes in a legal brief to […]

Supremes uphold strip club tax

In a ruling that reverses the 3rd Court of Appeals, the State Supreme Court has unanimously held that the so-called “pole tax” is constitutional. The Texas Supreme Court ruled Friday that a $5-per-customer fee on strip clubs that serve alcohol doesn’t violate free speech rights. […] “We think a $5 fee poses no greater burden […]

DeLay files appeal of his conviction

The man has been a boon for the defense bar, I’ll say that much for him. Tom DeLay’s appellate lawyer tapped a movie musical and Shakespeare in a wide-ranging appeal that argues the former U.S. House majority leader was wrongly convicted of conspiring to launder corporate dollars into campaign donations. In 2002, DeLay’s political committee […]

Austin gay divorce upheld

Gay divorce seekers are one for two in the state of Texas. Over the objections of state Attorney General Greg Abbott, an Austin appellate court has upheld the divorce of a lesbian couple married in Massachusetts. When a lower court granted their divorce in February of last year, Abbott’s office filed a petition to intervene in […]