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Criminal Law

: Grits for Breakfast

'Legislative report says Perry can issue posthumous pardons'

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The title of this post is also the headline of a Fort Worth Star-Telegram story in which we learn that the Texas Legislative Council thinks Governor Perry has authority to issue a posthumous pardon to Timothy Cole, who died in prison before DNA testing could finally exonerate him last year, without passing a constitutional amendment. Reported the Startlegram:A new state legislative review says Gov. Rick Perry has the power to issue posthumous pardons ? and should issue one in the case of Fort Worth?s Tim Cole.This year, a state judge exonerated Cole, who died in prison in 1999, of raping a Texas Tech student. DNA tests cleared him of the crime, and his family wants the governor to formally pardon him.State Sen. Rodney Ellis, D-Houston, said Wednesday that a new report from the Texas Legislative Council shows that the governor has power to issue that posthumous pardon...continue to full post

Full post as published by Grits for Breakfast on July 10, 2009 (boomark / email).

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