Post by iamjumbo on Oct 23, 2010 12:38:22 GMT -5
A legal war which will surely make the history books reached its climax Monday when a special court of review dismissed a public reprimand of Texas highest criminal judge Sharon Keller.
The court of review was composed of three judges selected at random from across the Lone Star State.
The first volley was fired on September 25, 2007 when Michael Richard was executed on Texas Death Row.
Attorneys for Richard claimed Justice Keller was at fault for their failure to file a last second appeal to delay the execution.
Justice Keller testified at her hearing that she only told an employee that the clerk's office closed at 5 p.m. on that fateful day, and that she didn't tell the attorneys they couldn't file their appeal directly with the court itself after 5 p.m.
The court of review noted that a special master first appointed to investigate the situation determined that Richard's lawyers bore "the bulk of fault for what occurred" and did not spend sufficient time preparing his appeal in advance.
The state Commission on Judicial Conduct had issued Presiding Justice Keller a public warning, but the judge through her attorney Chip Babcock appealed, claiming the commission exceeded its authority and violated the state constitution.
In dismissing the reprimand, the court of review stated that the Commission on Judicial Conduct had three options, but that a public reprimand was not one of them. The three appropriate options were dismissal of the charge, a public censure or recommend her removal from office or retirement.
Chip Babcock, high-powered counsel for Justice Keller, was quoted by the Associated Press as saying, "In our view it reached the correct and only result that could be had. She (Justice Keller) is very relieved that this long ordeal is over."
Thus far there have been no known public comments by the Texas Defender Service, which represented Richard.
Richard was convicted by a jury for the rape and murder of a Harris County nurse at her home.
Previously, spokespersons for the Texas Defender Service had said they were working on a brief to challenge lethal injection as a constitutional means of execution when they had computer problems that prevented them from delivering their appeal before 5 p.m.on the date of execution.
The United States Supreme Court ruled that lethal injection is a constitutional means of execution in another case which was appealed out of the state of Kentucky.
An anti-death penalty group, the Texas Moratorium Network, told the Associated Press that the court of review let Keller off with a technicality.
Justice Keller is a Republican who was most recently elected in 2006. Her term lasts until 2012.
When she first ran for the Court of Criminal Appeals she ran on a platform of providing more balance to the top criminal court in Texas. Sharon Keller, who hails from Dallas and is an avowed Christian, claimed during her first campaign that the Court of Criminal Appeals at that time tended to lean toward defendants.
The decision will have immense ramifications for law enforcement in Wichita Falls as well as across the entire state of Texas.
Justice Keller presides over the court of last resort for inmates on death row.
Law enforcement officials have generally characterized Justice Keller as fair, while death penalty opponents have criticized her.
The Wichita County District Attorney's Office has prosecuted several death penalty capital murder cases successfully in the past which have all been affirmed by Justice Sharon Keller.
Current District Attorney Barry Macha, has successfully tried several death penalty cases during his lengthy run as the DA in Wichita Falls.
Maureen Shelton, who won the Republican Party nomination, faces no opposition in the November general election, and will begin her first term as the first female DA in January of 2011.
Readers interested in receiving future law enforcement articles free at their e-mail address, should click on the subscribe button above this article.
the reality is that NO rational person ever tried to claim that heller did anything wrong. everyone knows what time the court closes. everyone knows the time limitations on the frivolous appeals these nutjobs are always filing.
it's sad that the best judge in texas had to endure such abject stupidity. the important thing is though, right won once again. the richards garbage is till dead, and keller can get back to the good work of making other trash just as dead
The court of review was composed of three judges selected at random from across the Lone Star State.
The first volley was fired on September 25, 2007 when Michael Richard was executed on Texas Death Row.
Attorneys for Richard claimed Justice Keller was at fault for their failure to file a last second appeal to delay the execution.
Justice Keller testified at her hearing that she only told an employee that the clerk's office closed at 5 p.m. on that fateful day, and that she didn't tell the attorneys they couldn't file their appeal directly with the court itself after 5 p.m.
The court of review noted that a special master first appointed to investigate the situation determined that Richard's lawyers bore "the bulk of fault for what occurred" and did not spend sufficient time preparing his appeal in advance.
The state Commission on Judicial Conduct had issued Presiding Justice Keller a public warning, but the judge through her attorney Chip Babcock appealed, claiming the commission exceeded its authority and violated the state constitution.
In dismissing the reprimand, the court of review stated that the Commission on Judicial Conduct had three options, but that a public reprimand was not one of them. The three appropriate options were dismissal of the charge, a public censure or recommend her removal from office or retirement.
Chip Babcock, high-powered counsel for Justice Keller, was quoted by the Associated Press as saying, "In our view it reached the correct and only result that could be had. She (Justice Keller) is very relieved that this long ordeal is over."
Thus far there have been no known public comments by the Texas Defender Service, which represented Richard.
Richard was convicted by a jury for the rape and murder of a Harris County nurse at her home.
Previously, spokespersons for the Texas Defender Service had said they were working on a brief to challenge lethal injection as a constitutional means of execution when they had computer problems that prevented them from delivering their appeal before 5 p.m.on the date of execution.
The United States Supreme Court ruled that lethal injection is a constitutional means of execution in another case which was appealed out of the state of Kentucky.
An anti-death penalty group, the Texas Moratorium Network, told the Associated Press that the court of review let Keller off with a technicality.
Justice Keller is a Republican who was most recently elected in 2006. Her term lasts until 2012.
When she first ran for the Court of Criminal Appeals she ran on a platform of providing more balance to the top criminal court in Texas. Sharon Keller, who hails from Dallas and is an avowed Christian, claimed during her first campaign that the Court of Criminal Appeals at that time tended to lean toward defendants.
The decision will have immense ramifications for law enforcement in Wichita Falls as well as across the entire state of Texas.
Justice Keller presides over the court of last resort for inmates on death row.
Law enforcement officials have generally characterized Justice Keller as fair, while death penalty opponents have criticized her.
The Wichita County District Attorney's Office has prosecuted several death penalty capital murder cases successfully in the past which have all been affirmed by Justice Sharon Keller.
Current District Attorney Barry Macha, has successfully tried several death penalty cases during his lengthy run as the DA in Wichita Falls.
Maureen Shelton, who won the Republican Party nomination, faces no opposition in the November general election, and will begin her first term as the first female DA in January of 2011.
Readers interested in receiving future law enforcement articles free at their e-mail address, should click on the subscribe button above this article.
the reality is that NO rational person ever tried to claim that heller did anything wrong. everyone knows what time the court closes. everyone knows the time limitations on the frivolous appeals these nutjobs are always filing.
it's sad that the best judge in texas had to endure such abject stupidity. the important thing is though, right won once again. the richards garbage is till dead, and keller can get back to the good work of making other trash just as dead