Tag Archives: Third Court of Appeals

Shepherd ISD update

Posted on March 16, 2020 by Charles Kuffner

They’re the other district being taken over by the TEA due to failing performance. Four days after a court order temporarily stopped Texas from taking over Shepherd Independent School District, elected school board members voted to effectively cede their control … Continue reading →

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TEA appeals takeover-delay injunction

Posted on January 11, 2020 by Charles Kuffner

This isn’t settled just yet. Texas Education Agency officials said they filed an appeal Thursday to overturn an injunction by a Travis County judge blocking it from replacing Houston ISD’s trustees with a state-appointed board of managers. The appeal was … Continue reading →

Posted in Legal matters | Tagged , , , , , , , , | 1 Comment

Omnibus election report

Posted on November 7, 2018 by Charles Kuffner

It’s after midnight, I’ve mostly posted stuff on my long-dormant Twitter account (@kuff), and I will have many, many thoughts in the coming days. For now, a brief recap. – As you know, neither Beto nor any other Dem won … Continue reading →

Posted in Election 2018 | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 13 Comments

The Courts of Appeals

Posted on November 4, 2018 by Charles Kuffner

The other judicial races where Dems have a chance to gain ground. Republicans dominate Texas politics — but their stranglehold is especially noticeable in the courts. Republicans hold all 18 seats on the state’s two high courts. Of the state’s … Continue reading →

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Microbrewery legal setback

Posted on December 22, 2017 by Charles Kuffner

Kind of a lousy Christmas present. Three Texas brewers are going back to battle with the state after an appeals court reversed a decision that would have allowed them to sell their distribution rights for monetary compensation. In 2014, Peticolas … Continue reading →

Posted in Food, glorious food, Legal matters | Tagged , , , , , , , , , | 1 Comment

New Braunfels can ban is back

Posted on November 11, 2017 by Charles Kuffner

A blast from the past. New Braunfels officials plan to resume enforcement of the “can ban” and limits on coolers on rivers on Wednesday even as opponents of the controversial municipal codes continue to pursue a legal challenge to them. … Continue reading →

Posted in The great state of Texas | Tagged , , , , , | 1 Comment

You are now free to visually blight Texas highways

Posted on September 2, 2016 by Charles Kuffner

WTF? Opponents of billboards and other signs along Texas roadways reacted on Monday with dismay to an appeals court decision striking down significant portions of the Texas Highway Beautification Act, saying the ruling could lead to a litany of signs … Continue reading →

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La Marque ISD lawsuit tossed

Posted on June 29, 2016 by Charles Kuffner

The end of the line for La Marque ISD. A Texas appeals court has dismissed a lawsuit seeking to halt the annexation of the La Marque school district by Texas City ISD. The 3rd Texas Court of Appeals on Friday … Continue reading →

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CCA dismisses remaining charge against Rick Perry

Posted on February 25, 2016 by Charles Kuffner

This would appear to be the end of the road. The state’s highest criminal court dismissed the remaining indictment against former Gov. Rick Perry on Wednesday morning, apparently ending the case that started with his threat to veto state funding … Continue reading →

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We have a messed up tax system in this state

Posted on December 7, 2015 by Charles Kuffner

The latest exhibit: The volatile oil and gas industry already has prompted Texas Comptroller Glenn Hegar to reduce his state revenue estimate, but that may not be the last of the bad budget news. A court decision potentially could cost … Continue reading →

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Perry’s day at the CCA

Posted on November 19, 2015 by Charles Kuffner

Now we wait to see if he comes out of this a free man or a man still under one or more indictments. Lawyers for former Gov. Rick Perry fought Wednesday before the highest criminal court in Texas to finish … Continue reading →

Posted in Crime and Punishment, Scandalized! | Tagged , , , , , , , , , , | 3 Comments

Perry appeal briefs

Posted on October 27, 2015 by Charles Kuffner

The latest update on the appeals before the CCA in the Rick Perry matter. The 3rd Court of Appeals this summer tossed one of two counts against Perry, saying the coercion law underlying it violates the First Amendment. The 3rd … Continue reading →

Posted in Crime and Punishment | Tagged , , , , , , , , , , , | 1 Comment

What is coercion, anyway?

Posted on October 18, 2015 by Charles Kuffner

It could be the defining legacy of Rick Perry’s career, depending on how things go in the courts. The coercion law has been used only sparingly in Texas, according to records for the past five years, and some legal experts … Continue reading →

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CCA will hear appeals of Perry’s indictments

Posted on October 9, 2015 by Charles Kuffner

It’s on. The Texas Court of Criminal Appeals on Wednesday granted requests by both Perry and the Office of the State Prosecuting Attorney to determine whether the indictment against Perry should stand. The court set oral arguments for Nov. 4. … Continue reading →

Posted in Crime and Punishment | Tagged , , , , , , , , , , | 1 Comment

CCA gets ready to deal with Rick Perry

Posted on September 11, 2015 by Charles Kuffner

The action never stops. The next move in the felony case against Rick Perry belongs to the state’s highest criminal court, which will decide as early as mid-September whether to accept or reject two appeals in the case. The Court … Continue reading →

Posted in Crime and Punishment | Tagged , , , , , , , , , , | 1 Comment

State files its appeal of Perry indictment dismissal

Posted on September 2, 2015 by Charles Kuffner

It’s official. State Prosecuting Attorney Lisa McMinn on Friday asked the state’s highest criminal court to reverse the decision by the Austin-based 3rd Court of Appeals, which tossed out the charge that Perry coerced a public servant when he tried … Continue reading →

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Perry appeals his other indictment

Posted on August 20, 2015 by Charles Kuffner

More for the CCA to deal with. Lawyers for former Gov. Rick Perry are urging the Texas Court of Criminal Appeals to finish off the remaining charge in his indictment, ratcheting up their push to end the case against the … Continue reading →

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Dismissal of Perry indictment appealed

Posted on August 12, 2015 by Charles Kuffner

By a new player in the game. Former Gov. Rick Perry didn’t need more bad news Tuesday, but a Texas agency is lining up against his legal team in the criminal case against him. The Office of the State Prosecuting … Continue reading →

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Perry wins one and loses one at the appeals court

Posted on July 25, 2015 by Charles Kuffner

He’s still under indictment. Former Gov. Rick Perry must face one criminal count in the abuse-of-power case against him but another would be dismissed under a Friday ruling by an appeals court. The ruling by a three-judge panel of the … Continue reading →

Posted in Scandalized! | Tagged , , , , , , , , , , | 1 Comment

The cloud still hanging over Rick Perry’s head

Posted on June 5, 2015 by Charles Kuffner

Ain’t easy running for President when you’re under indictment. Yet for all the implications of seeking the White House as a criminal defendant, Thursday’s announcement brings another far less political reminder: The case, quite simply, is still ongoing, unaffected by … Continue reading →

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To recuse or not to recuse

Posted on May 7, 2015 by Charles Kuffner

That is the question. More than a week after a judge who once worked for Rick Perry was tapped to hear an appeal in the former governor’s indictment, it’s still unclear whether he’ll see the case through. Legal experts say … Continue reading →

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Perry meets his appellate judges

Posted on April 27, 2015 by Charles Kuffner

He knows one of them very well. Rick Perry may be somewhat familiar with one of the judges picked to hear an appeal in the criminal case against him. That’s because Justice Bob Pemberton has worked for the former governor, … Continue reading →

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Prosecutors respond to latest Team Perry filings

Posted on April 24, 2015 by Charles Kuffner

Back and forth, forth and back. The special prosecutor in the case against Rick Perry is asking a judge to deny the former governor’s latest two efforts to quash the indictment against him. Perry, meanwhile, is once again showcasing a … Continue reading →

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Perry appeals to appeals court again

Posted on April 10, 2015 by Charles Kuffner

It had been a few weeks since his lawyers filed any paperwork, so I guess they were getting twitchy. As the race for president shapes up, former Gov. Rick Perry is imploring a state appeals court to take quick action … Continue reading →

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Perry goes to appeals court with latest motion to dismiss

Posted on February 27, 2015 by Charles Kuffner

Leave no stone unturned, and no hour unbilled. Rick Perry’s lawyers have asked a state appeals court to dismiss the indictment against the former governor, saying he lawfully used his power to veto funds to the Travis County district attorney’s … Continue reading →

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Perry still under indictment

Posted on January 28, 2015 by Charles Kuffner

Oops. A judge on Tuesday rejected former Gov. Rick Perry’s attempt to throw out a two-count indictment against him, saying it’s too early in the case to challenge the constitutionality of the charges. Perry’s attorneys immediately filed notice that they … Continue reading →

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Supreme Court re-upholds strip club tax

Posted on November 25, 2014 by Charles Kuffner

Technically, they declined to re-review it, but practically speaking I figure it’ll amount to the same thing. The Texas Supreme Court on Friday declined to review whether a $5-per-patron fee at live nude entertainment clubs is an occupation tax in … Continue reading →

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Bell ordered to pay $300K to RGA

Posted on November 19, 2014 by Charles Kuffner

Ouch. Unsuccessful 2006 Democratic gubernatorial candidate Chris Bell, once awarded $2 million in his lawsuit against the Republican Governors Association, has instead been ordered to pay the organization $300,000 in legal fees after losing on appeal. The case dates to … Continue reading →

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Appeals court rules against KSP

Posted on October 14, 2014 by Charles Kuffner

From last week, from the inbox via the Texas Democratic Party: (Yesterday), the Texas Democratic Party prevailed in King Street Patriots v. Texas Democratic Party, when the Texas Court of Appeals for the Third District confirmed a lower court decision … Continue reading →

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What next for school finance?

Posted on September 3, 2014 by Charles Kuffner

That depends on the Attorney General and the Supreme Court, but one way or the other it’s up to the Legislature. State lawmakers from both parties agreed the responsibility for funding public schools falls on them. But history suggests the … Continue reading →

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On Mike McCrum and Pa Ferguson

Posted on August 18, 2014 by Charles Kuffner

There were two stories from Sunday about special prosecutor Mike McCrum that were worth flagging. First, here’s the Express News with an angle that I think has been underappreciated. People who know McCrum said he is not the type to … Continue reading →

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DeLay gets his day before the CCA

Posted on June 20, 2014 by Charles Kuffner

Looks like he might have had a pretty good day, too. Oral arguments in Tom DeLay’s decadelong legal fight with the Travis County District Attorney’s office heated up Wednesday as Republican judges on the Texas Court of Criminal Appeals questioned … Continue reading →

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Today’s the day for Tom DeLay at the CCA

Posted on June 18, 2014 by Charles Kuffner

Apologies for the excessive alliteration. I got on a roll and couldn’t stop. DeLay’s appellate lawyer, Brian Wice of Houston, and Travis County prosecutor Holly Taylor will argue Wednesday before the state’s highest criminal court in Austin over whether the … Continue reading →

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TPJ files amicus brief in DeLay appeal

Posted on June 7, 2014 by Charles Kuffner

It’s almost time for Tom DeLay to go to court again. A government-watchdog group on Tuesday petitioned the state’s highest criminal court to reinstate the money-laundering and conspiracy convictions of former U.S. House Majority Leader Tom Delay, moving to join … Continue reading →

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