Prosecutors In Texas AG Fraud Case Blast Transfer Decision
Update, June 10, 2021; The special prosecutors pursuing felony securities fraud charges against the Texas attorney general have urged en banc reconsideration of an appellate panel’s decision that the case belongs in Collin County instead of Harris County, saying the decision will “haunt” Texas courts if not corrected.
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MAY 27, 2021 | REPUBLISHED BY LIT: MAY 28, 2021
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Prosecutors urge appeals court to end delay in Ken Paxton criminal case
MAY 18, 2021 | REPUBLISHED BY LIT: MAY 19, 2021
Thanks for your timely feedback Justice Landau. We acknowledge in these times your docket is brimming. It’s just when you read Harriet Nicholson’s Mandamus being denied in 2 days (2COA) https://t.co/NZnohBNGGf , 6 months for even a complex case seems long for such a public case.
— LawsInTexas (@lawsintexasusa) May 19, 2021
Prosecutors in the long-running criminal case against Texas Attorney General Ken Paxton have asked a state court to act on their appeal, noting that it has been waiting for almost seven months.
The prosecutors also reminded the Houston-based 1st Court of Appeals that their request to hold oral arguments before the three-justice panel has been pending for three months, while three felony charges against “the sitting Texas attorney general” have been pending almost six years.
“Viewed against this backdrop, it is altogether reasonable and proper for the panel to devote 30 minutes to discussing the novel issues that impact this matter at oral argument,” prosecutor Brian Wice said in a Monday letter to the court.
Wice and fellow prosecutor Kent Schaffer are appealing a 2020 trial court decision to return Paxton’s case to Collin County, Paxton’s home county and one that he represented during 10 years in the Texas House and two years in the state Senate before becoming attorney general in 2015.
Paxton’s case had been moved to Harris County in 2017 after prosecutors argued that they could not get a fair trial in Paxton’s back yard, but defense lawyers were able to reverse that ruling, saying it had been issued by a district judge who no longer had jurisdiction over the case.
In late summer 2015, Paxton was indicted by a Collin County grand jury on two counts of securities fraud related to his efforts four years earlier to solicit investors in Servergy Inc. without revealing that the McKinney tech company was paying him for the work. Securities fraud is a first-degree felony with a maximum 99-year prison sentence.
He also was charged with failing to register with state securities regulators, a third-degree felony with a maximum 10-year sentence.
Paxton has defended his actions as legal, and the pending charges did not stop the Republican from winning a second four-year term in the 2018 election, defeating Democrat Justin Nelson by 3.6 points after facing no challenger in the GOP primary.
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