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Texas CCA: pigs fly

By Karl R. Keys, Esq.

The Texas Court of Criminal Appeals in Ex Parte Michael Toney, NO. AP-76,056, ordered a new trial based on the failure of the State to divulge exculpatory information / “Brady error.” Media accounts note: The decision was not a surprise to defense attorneys or the Tarrant County District Attorney?s office, who, in an unusual move, agreed earlier this year that Toney?s first trial was unconstitutional. Now prosecutors must decide whether to retry the 23-year-old case. Chuck Mallin, chief of the appellate division, said prosecutors will meet with District Attorney Tim Curry and make a decision “probably some time in the near future.” “I am sure that it is our intention right now (to retry it) but we will discuss the decision,” Mallin said...continue to full post

Full post as published by Capital Defense Weekly on December 17, 2008 (boomark / email).