State Appeals Court Reviewing Rick Perry’s Abuse of Power Charge

In addition, defense lawyers argue, the attempt by prosecutors to punish a lawful act – a governor wielding his veto power – violates the separation of powers among the branches of government as established by the Texas Constitution.

The Republican state judge overseeing the case, Bert Richardson, has been elected to the Court of Criminal Appeals since the case began.

August 11: State Prosecuting Attorney Lisa McMinn says she will ask the Court of Criminal Appeals to reinstate the coercion law.

The Court of Criminal Appeals announced Wednesday that it had granted review of two appeals – one by Perry, the other by prosecutors – setting an aggressive schedule that includes oral arguments on November. 4, a much faster than normal pace. “It is the intent of the County Attorney’s Office to submit a motion for rehearing to request the Court of Criminal Appeals to reconsider their decision”.

Terrence Johnson was 20 years old in 2012 when he was arrested and spent more than a month in jail in the small town of Lovelady.

Perry appealed the decision on the misuse of office charge.

Attorney Josh Liles, who represents the man, told News Radio 1200 WOAI’s Michael Board that the ruling is a victory for the First Amendment.

The court ruled that the statute should be taken off the books. The Court of Appeals released an opinion stating that Johnson’s behavior was not speech protected by the First Amendment.

The Texas Criminal Court of Appeals has ordered the parties to file briefs in the case on or before October 21 and stated that no extensions of time will be entertained.

Investigator Buck Carroll worked the case for the Houston County Sheriff’s office and said there is a fine line between freedom of speech and destruction of the flag.

“The political opponents, they did their damage”, he said.

“The statue that is so broadly written can not stand”, Liles said.