Tuesday, June 17, 2008

Update: Tx Ct Crim App Denies Prosecutors' Mandamus Request to Reinstate Death Warrant

Further Update (8:44 pm Texas time):  The latest in the Texas case of Charles Dean Hood, noted earlier below, is that very recently the state's highest criminal court issued an opinion essentially denying mandamus, thus the death warrant is not reinstated.  The opinion is here:  Download cca20order2007202006.17.2008.pdf 

There is a twist:  the Court finds that the Judge should not have dealt with the merits since it itself had not given leave to do so after deciding the matter earlier this week.  But since the Judge had also recused himself and transferred the case, mandamus could not lie against the Judge because he no longer had authority to act in the case.  Interesting opinion to read.  [Alan Childress]

http://lawprofessors.typepad.com/legal_profession/2008/06/update-tx-ct-cr.html

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