Monday, March 13, 2006

Prosecutor Facing Problems in DeLay Case

The State prosecutor proceeding against Representative Tom DeLay is having problems issuing some subpoenas.  According to the Houston Chronicle here, the subpoenas cannot be issued because the case has been stayed pending the appeal.  The appellate court "threw out more than 30 subpoenas requested by Travis County prosecutors."  This decision presents some interesting questions:  Will this decision mean that if the prosecution appeals a matter, they are precluded from proceeding with their investigation? Will it be limited to investigation of the matter only under scrutiny by the appellate court, or all matters against that individual?

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http://lawprofessors.typepad.com/whitecollarcrime_blog/2006/03/prosecutor_faci.html

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