Well, Lookie Here, Killer Keller Strikes Again
A divided Texas Court of Criminal Appeals has dismissed the criminal case against former Gov. Rick Perry.
The 6-2 majority opinion—accompanied by two concurrences and two dissents—dismissed Perry’s charge of abuse of official capacity, and upheld the Third Court of Appeal’s decision to dismiss his coercion of a public servant charge.
The court’s opinion was written Presiding Judge Sharon Keller.
Killer Keller is famous in Texas.
As noted in the article, the court totally re-wrote Texas law to come to this opinion. So, okay, listen for the outrage from Texas conservatives about activist judges.
Crickets? Really?
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Would be great to read the entire story, but it is behind a pay wall. Anyone have an alternative link?
1A divided Texas Court of Criminal Appeals has dismissed the criminal case against former Gov. Rick Perry.
2The 6-2 majority opinion—accompanied by two concurrences and two dissents—dismissed Perry’s charge of abuse of official capacity, and upheld the Third Court of Appeal’s decision to dismiss his coercion of a public servant charge.
The high court found that Perry’s case arose from a governor’s threat to exercise a veto and his ultimate exercise of the veto.
The court ruled that it violated the Texas Constitution’s separation of powers provision to prosecute the exercise of a veto under the abuse of official capacity statute. It determined there was a facial violation of the First Amendment to prosecute the threat of a veto under the coercion of a public servant statute. The court also decided—in a sea change of Texas criminal law—that Perry could raise his separation-of-powers argument as an as-applied challenge in a pretrial habeas application, followed by an interlocutory appeal.
Previously, courts would only grant a defendant pretrial habeas relief if he successfully argued that a law was unconstitutional on its face, not as applied to his situation.
Perry faced both charges in the wake of his veto of funding for the Travis County District Attorney’s office public integrity unit. He vetoed the money shortly after Travis County DA Rosemary Lehmberg was convicted of driving while intoxicated. Perry allegedly threatened the veto unless Lehmberg resigned as DA, and then followed through when she refused.
Tony Buzbee, one of Perry’s attorneys, wrote in an email, “I am pleased with the ruling. It was a long time coming. This case should have never be brought, and I’m glad the court put its foot down and ended it. It is troubling when a nonelected ‘special prosecutor’ can obtain an indictment and then pursue it in front of the very judge that appointed him. I said all along this case was foolishness and would be dismissed.”
State Prosecuting Attorney Lisa McMinn, who argued the case before the CCA, said, “I am not surprised at the outcome based on the questions I was getting in oral argument. I had a feeling it was going to go this way.”
She said she is reviewing the ruling and has not yet considered options to appeal. Procedurally, she said she could ask the CCA to reconsider its ruling, but her office is not authorized to appeal to the U.S. Supreme Court. The special prosecutors would have to take that step if they chose, McMinn noted.
Attorney Pro Tem Michael McCrum didn’t immediately return a call seeking comment.
The court’s opinion was written Presiding Judge Sharon Keller and joined by Judges Michael Keasler, Barbara Hervey, Elsa Alcala, Kevin Yeary and David Newell. Two concurring opinions were also filed. Judges Larry Meyers and Cheryl Johnson both filed separate dissenting opinions. Judge Bert Richardson—an assigned trial judge in Perry’s case—didn’t participate in the CCA appeal.
I’m not fluent in legal gibberish, but it sounds to me like the fix was in. Thou shalt not prosecute a fellow Republican.
3My problem with this is that it will only encourage Abbott to continue to misbehave. He will hear inside his head that if his predecessor could walk on all these charges, the way is open for him to run amok.
4Yep, Texas laws apply to everyone except to those it don’t.
Texas: The Get Out Of Jail Free* State
*Applies to Republicans, donors and lobbyists only. Side effects include headaches, vomiting and diarrhea in constituents.
5We have got to quit electing judges.
6Elizabeth Moon, would they be better if they were appointed by people like Perry and Abbott? With GOP assembly approval.
7Obviously, dismissal is clearly not the same as exoneration, not guilty or innocent. When he claims he’s innocent, we’ll know that’s more of his BS and that he didn’t have the courage to allow a jury of his “peers,” whoever they might be, to judge him.
8After reading the Wikipedia article, I hope to never be breathing any air she exhaled. Whew!
9I truly feel sorry for the good people of Texas. From the greats, Austen and Houston among others to the unspeakable slime that calls itself representative of the “people”..
10@Elizabeth Moon
@Rhea
It is a quandary. Lifetime appointments sometimes don’t work out so well either. See Scalia, Thomas etc etc.
11I never thought he would be tried. He probably knows too many dirty secrets.
12Regardless, slick pRick is still a dumba$$.
I do hope this sets judicial precedence and some good guts get out of a pinch as a result.
13Another case of judicial fudgery. You know what I really mean.
14What a steaming pile of sh*t!
PKM, what is your opinion of your governor, who is being talked about as a possible SCOTUS nominee?
15I need to stop reading political articles and essays. I get too depressed.
16maryelle, he’s standard snacibupeR, a moron. Let’s hope this is President Obama toying with the GOP. Would hate for him to give the GOP everything they want in an ideologue.
17Excellent article about Tom Delay and activist judges (Liberal activist Judges only!)
http://www.nytimes.com/1997/05/18/weekinreview/impeach-those-liberal-judges-where-are-they.html
18Just as with Scalia, the GOP shows that party affiliation always trumps qualifications.
19was there any doubt? look at the previous teflon dons: gingrich, delay,now perry and next trump!
20I think this is truly dangerous. What is to stop any governor from saying I don’t like the mayor of Dallas (or where ever) and threatening (and following through) to veto funding to the city or area unless they resign? If it was OK for Perry to do it, then it must be legal for any governor, right? If you don’t like an elected official, threaten to cut any state money going to their area unless they step down. Pretty soon any elected position in TX can only be filled by people the gov approves of.
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