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View Diary: Pat Priest, a judge with integrity, named to DeLay trial! [UPDATED] (161 comments)

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  •  You say "until" he gets a judge... (none)
    ...that is simple minded, et cetera.  Isn't the Priest appointment, like, the end of the story, unless Priest were to recuse himself?  I mean, I suppose, if DeLay is convicted, and he appeals, the Court of Criminal Appeals could theoretically throw out the conviction because Priest was biased, and then, the retrial would have to be in front of another judge.  But wouldn't Priest have to make some pretty seriously screwed up rulings during the course of the trial to bring even that strange outcome about?

    The Chimperor Has No Clothes

    by DC Pol Sci on Thu Nov 03, 2005 at 07:03:01 PM PST

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    •  I Practice In Texas -- Civil Law (none)
      Parties who are assigned visiting judges have an absolute right to object to a visiting judge, once. After that they are stuck with the second assignment. Unless it's different in criminal cases, DeLay can knock out Judge Priest with a simple motion objecting to him trying the case.

      This is risky business however. DeLay has already pissed off the Texas judiciary by smearing Perkins, and all other Texas judges by inference. If he impliedly smears Priest, and Jefferson, by objecting to Priest as well, it could go very, very bad for him. Jefferson is a Black jurist who is not an ideologue. He's a Republican because that's the only way to win a judgeship in most parts of the state, including on the Supreme Court. If he pushes too much, Jefferson could whack him.

      "I'll repeat what I said. I truly am not that concerned about him." Bush on Osama-3/13/02

      by chuco35 on Thu Nov 03, 2005 at 07:17:06 PM PST

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      •  Read upthread comment by Zarate... (none)
        ...who says this is apparently not the case in criminal matters in Texas.

        I certainly agree with you re:  pissing off the Chief Justice, though...

        The Chimperor Has No Clothes

        by DC Pol Sci on Thu Nov 03, 2005 at 07:20:48 PM PST

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      •  It is different, unfortunately... (none)
        Gawd, don't I wish I could reject some visiting judges.  You would figure that the rules would be more liberal when it involves someone's liberty than when it involves money.
        •  The fact that it's not... (none)
          ...is really a classic example of the way things are done in Texas, though, you have to admit.

          The Chimperor Has No Clothes

          by DC Pol Sci on Thu Nov 03, 2005 at 07:32:55 PM PST

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        •  In This Case, Though... (none)
          I'm fucking glad it's different. It means DeLay's goose is being cooked, with Priest about to be running the ingredients. You can bet they are partying in the Travis County DA's office. It's a good time to be on staff there.

          "I'll repeat what I said. I truly am not that concerned about him." Bush on Osama-3/13/02

          by chuco35 on Thu Nov 03, 2005 at 07:33:27 PM PST

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        •  That's weird (none)
          you'd expect it to be the other way around.  That would be consistant w/ "reasonable doubt" and "preponderance of evidence" standards.  In that case it is harder to be convicted for a crime because you risk loosing your liberty.

          Its not easy being a Floridian.

          by lawstudent922 on Fri Nov 04, 2005 at 10:02:45 AM PST

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    •  I would think so... (none)
      But I don't want to rule out the possibility that Judge Priest will be taken off the case.  Hell, we've gone through two judges already.  

      Proving a judge was biased through the appellate process is tough.  They have to abuse their discretion for a court to disturb their rulings.  Abuse of discretion is a difficult standard to defeat.

      •  Sorry for all the arcane questions... (none)
        I'm a displaced Texan (in Washington for the last 15 years) who didn't begin to study law until he left the Lone Star State, so I'm not up on the intricacies of the Texas Code of Criminal Procedure.

        The Chimperor Has No Clothes

        by DC Pol Sci on Thu Nov 03, 2005 at 07:22:01 PM PST

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