This and an interesting series of events. I'll add links to relevant items later. 2306 students should note that the court refers to the state's separation of powers provision - we read through Article 2 of the Texas Constitution in class today - it didn't take long.
- Click here for the article
- Click here for the article
The state’s top criminal court on Wednesday threw out the remaining criminal charge against Rick Perry, sparing the former governor from trial and a potential prison sentence on a felony charge of misusing the power of his office.
The charge, related to Perry’s 2013 threat to veto money for Travis County prosecutors in an attempt to force District Attorney Rosemary Lehmberg from office, violated the Texas Constitution’s separation of powers provision by improperly limiting the governor’s veto authority, the Court of Criminal Appeals said in a 6-2 ruling.
“The constitution does not purport to impose any restriction on the veto power based on the reason for the veto, and it does not purport to allow any other substantive limitations to be placed on the use of a veto,” said the opinion by Presiding Judge Sharon Keller.
The state’s highest criminal court ordered the remaining criminal charge against Rick Perry to be dropped Wednesday.
“The governor’s power to exercise a veto may not be circumscribed by the Legislature, by the courts, or by district attorneys,” Keller wrote. “When the only act that is being prosecuted is a veto, then the prosecution itself violates separation of powers.”
The court also spared Perry from a second felony charge of coercion of a public official, ruling that a lower court correctly tossed out the law last summer as unconstitutionally vague and a violation of free speech rights.
Wednesday’s ruling brought an abrupt end to the politically charged legal troubles that have dogged Perry for 18 months, looming over the closing months of his 14 years in office and casting a pall over his second unsuccessful run for president.
Ballotpedia provides info on the court and who is on it.
- Click here for it.
As opposed to the Texas Supreme Court - where 7 out of 9 justices were appointed by Perry, only one of the judges on the CCA was appointed by him. I did not check to see if she recused herself.
