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Criminal Law

: Grits for Breakfast

Is Sharon Keller's influence waning on CCA?

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Having been focused on Judge Sharon Keller's removal proceedings yesterday, it's worth taking a moment to point out that the Texas Court of Criminal Appeals appears to be in a period of transition, with the hardline faction led by Keller and Barbara Hervey more frequently finding itself on the losing side of cases where they'd probably have prevailed handily a few years ago. The Texas Court of Criminal Appeals blog identifies two examples of this phenomenon from published opinions released in March:PD-0307-09, Ronald Lee Wilson v. State: The CCA held that a police officer?s use of a fabricated fingerprint report in violation of §37.09 of the Penal Code to persuade a defendant to confess requires the suppression of a suspect?s confession under the Texas exclusionary rule found in Article 38...continue to full post

Full post as published by Grits for Breakfast on June 19, 2010 (boomark / email).

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