Very well written opinion by the Texas Court of Criminal Appeals

[CommonSenseDemocrat]

In regards to the Rick Perry criminal case.

http://www.search.txcourts.gov/handdown.aspx?coa=coscca&fulldate=02/24/2016

(Scroll down for Ex Parte Perry to see the opinions)

I might get flamed for this because Perry is a Republican, but the prosecution against Rick Perry was not only unconstitutional, in that a governor can veto bills and must discuss the vetoes of those bills constitutionally via a message, the charging instrument itself never negated a statutory justification that Perry was acting in a governmental capacity.

The broader story that is not being covered in all of this is Perry still had to spend $2 million to beat charges that were extremely specious both statutorily and constitutionally. But what happens when you don't have $2 million? What happens when the prosecutor gets the law itself wrong?

There is one case where that happened. Haley v. Texas. Haley sentenced to 16 years for stealing a calculator. The problem was, he was sentenced incorrectly as a habitual offender, even though the defendant did not meet the statutory requirements. The defense attorney was incompetent and did not object to the habitual offender classification.

However, the State of Texas was not content to let Mr. Haley free. The solicitor general - Ted Cruz - argued before the Supreme Court against a pro se habeas corpus petition that he was actually innocent of being a habitual offender. Cruz won ... 5-4 with Antonin Scalia in the majority.

http://mobile.nytimes.com/2016/01/12/opinion/the-brutalism-of-ted-cruz.html?referer=&_r=0

Regardless of whether the Travis County District Attorney's office prosecutes Texas public misconduct cases, the elected district attorney was still arrested with video and blood evidence of aggravated Driving While Intoxicated, blood alcohol content 0.23. Ironically, the same office charged and successfully convicted a black man with capital murder for killing people during SXSW while driving under the influence with a much lower BAC, 0.114. Perry's position, even if disagreeable, was reasonable that Lehmberg resign for her DWI. At any rate, it did not meet the statutory and constitutional requirements for Perry to be charged with a felony offense.

http://m.statesman.com/news/news/local/lehmberg-expected-in-court-friday/nXQ9C/

http://kxan.com/2015/11/06/rashad-owens-found-guilty-of-capital-murder-in-deadly-sxsw-crash/

The Texas Democratic Party support of this prosecution has further enabled unfair prosecutorial misconduct in Texas, the one that Cruz and Scalia have supported under their interpretation of the Constitution, and it has set back legitimate investigations of public office misconduct in Texas. In fact, the Texas Legislature was gearing up to move the Public Integrity Unit from the Travis County DA to the Attorney General's office and would have had the Attorney General not been (legitimately) indicted himself for securities fraud.

http://www.houstonchronicle.com/news/politics/texas/article/Paxton-case-could-thwart-bill-to-move-Public-6178114.php