Another frequent poster just brought to our attention a brand new CCA rule relating to eleventh-hour habeas pleadings in death cases. Check the the CCA site:
www.cca.courts.state.tx.us/rules/miscruleexecution.pdf

The defense is on notice, and the rule clearly states it has some teeth.

JAS

Seems like a ready-made issue to be litigated, which will yet delay an execution even more.

The Rule was copied from the 5th Circuit Court of Appeals. Seems to have worked in federal court, perhaps because those judges don't tolerate deliberate delay and unprofessional conduct. Yes, it is too bad there has to be a rule telling a lawyer not to inject personal agenda into legal process. But, that's the way the anti-DP crowd wants to play the game, so rules must be put in place and enforced. Of course, someone will violate the rule and claim to be a martyr when punished. I suspect the public will see through that disguise.

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Of course, someone will violate the rule and claim to be a martyr when punished. I suspect the public will see through that disguise.

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Perhaps.

When it does happen it will be a carfully planned event. They will have the press release all ready with exactly the right words prepared in advance for maximum effect. They may even have "letters to the editor" pre-written and ready to send.

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Originally posted by AlexLayman:
When it does happen it will be a carfully planned event. They will have the press release all ready with exactly the right words prepared in advance for maximum effect. They may even have "letters to the editor" pre-written and ready to send.

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Because, of course, it was more important to spend their time preparing press releases and letters to the editor than actually working on the motion for a stay to get it in on time?

Perish the thought.

Imagine that: anti-DP legal groups are no longer allowd to dangle their clients' lives in front of the courts on the day of execution in an attempt to force a stay.

Anyone remember the TRC? These unfair tactics were the begining of the end for them, too. See McCormick's concurrence in Ex parte Lockhart, 868 S.W.2d 346 (Tex. Crim. App. 1993).

And can someone please explain to me why these execution "experts" (TDS, et al.) are connected to Universities that are training our lawyers of the future? Are these really the people we want teaching our law students? Or maybe the connection to the University is what drives this behavior because it attracts new students, new $$, etc.

[This message was edited by KSchaefer on 06-25-08 at .]

If it's any hope for any of you, I am leaving prosecution to teach college (in a criminal justice department) full time, but will continue to hold my prosecuting career and fellow prosecutors close to my heart. Hopefully this will lead to a law school position in a few years, and I can start changing these perceptions one class at a time.

Still, no one will ever want me on a jury. Darn professors.

Congratulations. What college?

Thank you! I'll be at UNT/UNT-Dallas. It's really a tremendous opportunity and I'm very excited. Also, UNT is probably going to have a law school in the next few years. I'll still be around online though - with more cred for being an "academic," right?

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Originally posted by Gretchen:
If it's any hope for any of you, I am leaving prosecution . . .

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*heavy sigh*

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Originally posted by David Newell:

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Originally posted by Gretchen:
If it's any hope for any of you, I am leaving prosecution . . .

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*heavy sigh*

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Congrats again, but +1 on the heavy sigh...

She likes it when you call her:

Teach,
Prof,
or
Ivory towered knucklehead.