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Posts Tagged ‘Third Court of 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 […]

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 […]

Abbott wants to block Austin gay divorce

Attorney General Greg Abbott is once again fighting to protect the sanctity of divorce in Texas. Texas law not only limits marriage to opposite-sex couples, it forbids any action — including divorce — that recognizes or validates a same-sex marriage obtained out of state, said James Blacklock, a lawyer in Attorney General Greg Abbott’s appellate […]

Off to the appeals courts for DeLay

Whatever sentence awaits Tom DeLay – I strongly suspect it will be probation, but you never know – it will be a long time, if ever, before he begins serving it. DeLay’s lead attorney, Dick DeGuerin, expressed confidence on Friday the Third Circuit Court of Appeals in Austin will rule in his favor because it […]

Endorsement watch: Kurt Kuhn for 3rd Court of Appeals

I’m not paying a huge amount of attention to races outside of Harris County, but one that is of interest is for an open seat on the 3rd Court of Appeals, whose district includes Travis County and which has been in the news for all the wrong reasons of late. The Statesman has endorsed Democrat […]

CCA overturns “checks aren’t cash” appeals verdict

For once, their pro-prosecution proclivities were good for something. The Austin appeals court erred in deciding that the state’s money-laundering statute – used to prosecute associates of former U.S. House Majority Leader Tom DeLay – did not apply to transfers made via checks, the Texas Court of Criminal Appeals ruled today. The court’s 9-0 decision […]

Keep talking, Tom

I’ll leave the commentary on Tom DeLay’s dancing prowess to the experts and simply note that he has succeeded in getting himself back in the news. Which means people are asking him for his opinions on things, which in turn means more chances for him to fib and dissemble. There was one more thing I […]

Strip club fee appealed to Supreme Court

As expected. The legal battles continue to spin around Texas’ so-called “pole tax,” a $5 entrance fee at strip clubs that has been ruled an unconstitutional regulation of free expression. Lawyers for Texas Attorney General Greg Abbott and state Comptroller Susan Combs on Thursday asked the Texas Supreme Court to overturn lower courts that have […]

Appeals court upholds strip club tax ban

Score two for the state’s strip clubs. The 3rd Court of Appeals panel sided against the $5 per-patron fee, passed by the Legislature in 2007 with the goal of raising sexual-assault prevention funds, in a divided 2-1 opinion released Friday. The split decision, which contained a dissent by the panel’s only Republican justice, rejected the […]