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Three cheers to Galveston County DA Sistrunk who got a writ of prohibition from an appellate court against a district judge who seemed to be allowing a victim's family to control the outcome of a criminal case.

After sentencing was complete, the victim's family filed a pleading that attempted to get the judge to change the punishment. The judge, rather than inform the family of the obvious lack of standing to intercede, ordered the defendant and prosecutor to file briefs on the issue.

The DA asked the court of appeals to order the judge to withdraw the order on the ground that the trial court no longer had any authority to do anything, particularly as it related to a third party intervening in a criminal case.

The court of appeals agreed. You should read the appellate opinion at the 14th Court of Appeals website.

Sometimes we have to make unpopular decisons in our role as DA in seeking justice. We should be proud that DA Sistrunk was willing to accept that role and stand up for his constitutional oath.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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