December 06, 2012, 10:02
JBMidtrial Mandamus?
There is a very interesting legal argument brewing in a DP trial. D on trial for party-liability to murder of guard during prison escape. Judge has decided to require the State to prove that the D anticipated the exact manner and means (running over with a car) of the guard's cause of death.
That's not the law. State only has to prove that D should have anticipated that a death could occur, not exactly how it happened.
So, the State has sought the intervention of the Waco Court of Appeals through a petition for writ of mandamus. Pretty unusual.
Oral arguments are scheduled for Monday.
Details.Ever tried to mandamus a judge midtrial?
December 06, 2012, 12:05
TuckAnd now the District Judge has filed a Motion to Recuse one of the Appellate Judges because the DA apparently contributed to the Appellate Judge's campaign. WOW!
AppealDecember 06, 2012, 12:17
JBCJ Gray graciously recused himself to avoid any further delays of the DP trial, even though he didn't have to do it. Considerate.
December 08, 2012, 07:45
JBThis article has a better description of the CJ's recusal and the underlying legal issues:
Details.December 13, 2012, 07:47
Robert S. DuBoiseOpinion released denying mandamus:
OpinionDecember 13, 2012, 09:50
JBFootnote 7 gives the judge the right answer, if he is listening.
December 20, 2012, 08:11
JB Update: another stayThe battle over the prosecution’s request to amend instructions to the jury in the capital murder trial of John Ray Falk Jr. has found its way to the doorstep of Texas’ highest appellate court for criminal cases.
Details.July 25, 2013, 13:59
Brody V. BurksA year later, the saga resumes:
Judge rules in favor of retrial.But the defense appeal will take at least another year.
July 25, 2013, 15:22
Brody V. BurksHey, I didn't say the saga was
over.