The Texas Court of Criminal Appeals recently highlighted “the attorney general’s limited role in criminal cases” while striking down a state law that required the court to notify the A.G. and delay final judgment in cases that challenge the constitutionality of state laws.
The 2011 law violates the Texas Constitution’s separation of powers provision because the notice requirement is outside the CCA’s judicial function and because delaying the court in issuing a final judgment is a “constitutionally intolerable imposition,” according to the March 19 Opinion on State’s Motion for Rehearing in Ex Parte John Christopher Lo. The Harris County District Attorney’s Office filed the motion for rehearing.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
