The Houston court hearing testimony about the constitutionality of the procedures surrounding the death penalty in Texas will continue to hear evidence despite an emergency appeal from the Harris County District Attorney's office late Monday to the state's highest court to halt the proceedings.

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I am clueless as to the legal theory that authorizes this hearing.

"Death is different." That's the only legal theory anti-DP advocates ever need.

The Texas Court of Criminal Appeals halted a death penalty hearing late this afternoon, after an emergency appeal from the Harris County District Attorney's Office.

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A Houston judge faces possible discipline for violating judicial ethics by reducing the bail of a recently arrested sheriff's deputy without notifying prosecutors, legal experts said.

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And it looks like mandamus has been granted in this case. Good job by the Harris County DA's office.

Looks to be a well-written opinion, emphasizing that the kind of general debate about the death penalty that the defendant sought should be done through the legislatures rather than the courts.

Does this opinion mean we can move to dismiss pre-trial challenges to the constitutionality of a particular statute?

Congratulations to the Harris County DA and her office for defending the rule of law. Just as the Third Court of Appeals rejected such shenanigans in a trumped up "court of inquiry" in Judge Baird's court, the Court of Criminal Appeals rejects the use of a court as a forum for social arguments against the death penalty.

I'm with Andrea. I like the opinion's emphasis on the legislature as the proper forum for this discussion.

Sort of a primer on how government is structured to work. Courts decides individual cases based on facts. Legislature decides policy based on broad-based social needs that are balanced against limited resources.

Pretty shrewd pinning the denial of relief on an impermissible declaratory judgment. Looks more like the opinion rests on state procedural grounds rather than the idea that the Eighth Amendment isn't triggered until a conviction.

I doubt that will prevent a loudly filed cert petition and press release/conference.

I wonder if it will be in all caps.

David, I am sure it will be in all CRAPS. (Did I write that out loud.)

It's good to see the name RJ back around these parts.

Great decision, btw.

[This message was edited by GG on 01-12-11 at .]

The capital murder prosecution that launched a rare judicial review of the death penalty in Texas and garnered national attention ended Wednesday with an unexpected plea deal for John Edward Green Jr.

If convicted, Green, 26, would have faced the death penalty or life without parole. His trial was in its sixth week of jury selection.
Around 5:30 p.m. Wednesday, after juror No. 12 had been chosen, Green authorized his attorneys � Casey Keirnan and Bob Loper � to approach prosecutors with a deal: He would plead guilty to a lesser murder charge in exchange for a 40-year prison term.

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