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?

And 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!

Appeal

CJ Gray graciously recused himself to avoid any further delays of the DP trial, even though he didn't have to do it. Considerate.

This article has a better description of the CJ's recusal and the underlying legal issues:

Details.

Update after argument:

Details.

Tick Tock

Details.

Opinion released denying mandamus: Opinion

Footnote 7 gives the judge the right answer, if he is listening.

Follow up article:

Details.

Update: another stay

The 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.

A year later, the saga resumes:

Judge rules in favor of retrial.

But the defense appeal will take at least another year.

Hey, I didn't say the saga was over.