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: Grits for Breakfast

AG: Governor may issue posthumous pardons

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Via Kimberly Reeves at the Quorum Report, I learned that Attorney General Greg Abbott issued his first opinion of 2010 in response to questions from state Sen. Rodney Ellis declaring that, contrary to his earlier assertions, Gov. Rick Perry has full powers under the Texas Constitution to issue posthumous pardons in cases like Timothy Cole's.While such a pardon would require that the Governor seek a recommendation from the Board of Pardons and Parole, said the AG, the Perry has full power to issue pardons in all cases except impeachment or treason, with no other limitations.The Governor had relied on an old AG opinion stating that posthumous pardons were impossible because a pardon must be "accepted," but this new opinion points out that since then the US Supreme Court called that stance "a legal fiction at best" and has not relied on the notion since 1833...continue to full post

Full post as published by Grits for Breakfast on January 07, 2010 (boomark / email).

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