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Keller, P.J., prevails in ethics appeal

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October 12, 2010, 06:52
John A. Stride
Keller, P.J., prevails in ethics appeal
Bringing the high-profile case to a swift and stunning end, the review court said the commission committed fatal errors that doomed its punishment of Keller, issued in the form of a July �public warning� that chastised the state�s highest criminal judge for violating court procedures and bringing discredit to the judiciary.

In essence, commissioners chose the wrong punishment, opting for a warning when state law and the Texas Constitution limited their options to a �censure,� a more serious penalty, the court ruled.

The judges said they did not address the merits of the charges against Keller but based their decision solely on the errors committed by the commission.

See more: http://www.statesman.com/news/local/special-court-throws-out-keller-rebuke-ending-case-966630.html
October 12, 2010, 08:18
JB
Well, they did point out that the original findings pointed the finger of blame at anti-death penalty activist David Dow for some ineffective assistance. Sort of the legal version of a flop in basketball, attempting to draw a foul when there was little or no illegal contact.
October 12, 2010, 14:13
Shannon Edmonds
David Dow: the Bill Lambeer/Reggie Miller/Vlade Divac of death penalty representation? Big Grin


October 12, 2010, 14:48
Boyd Kennedy
To summarize, the inmate raped and murdered a nurse in 1986, and was on death row for approximately 19 years. There was no doubt about his guilt.

After all those years the defense attorneys try to stave off execution by a last minute filing critical of the lethal injection process - a claim that was later rejected by the Supreme Court. On top of that, they blow the deadline. And we are supposed to believe the judge is the bad guy for not playing along with the attorneys' little game? Crap like this is why people don't like lawyers.
October 12, 2010, 16:54
Ted Hake
J.B.,

Before you give the media too much credit, take a look at the article in today's San Antonio Express-News. It totally fails to include any mention of the valid criticisms of the actions of David Dow and the Texas Defender Service and includes a quote from Jim Harrington about judges protecting their own. Of course, this bias is consistent with prior articles and editorials in that publication.
October 13, 2010, 11:22
JB
My credit was not directed at the media. I realize they tell a much more limited story that doesn't have a simple, headline-worthy theme if the defense attorney is also blameworthy. My credit was directed at the three-judge panel that properly discussed the issue in context and acknowledged the trial judge's original findings that found greatest fault with Dow's poor performance.

Rarely is the media capable or willing to tell a complex story that does not have a single, quotable resolution.