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5 Texas opinions name it 1 courts 2016–2024 2 in the last five years
The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Ex parte Paxtongreen1 sentence2019See Paxton, 493 S.W.3d at 303 (declining to hold that pre-trial habeas relief was available under Perry because the defendant’s charges did “not arise out of his duties as an elected official but rather from his conduct as a private citizen”); Walsh, 530 S.W.3d at 781 (declining to extend the holding in Perry to appellant’s as-applied challenge because, inter alia, appellant was not a government official). | 1 | 1 |
Ex parte Walshgreen2 sentences2019The court of criminal appeals disagreed, holding that “pre-trial habeas is an available vehicle for a government official to advance an as-applied separation of powers claim that alleges the infringement of his own power as a government official.” Id. at 898 ; see Ex parte Walsh, 530 S.W.3d 774, 781 (Tex. App.—Fort Worth 2017, no pet.) (emphasis added). 5 We find the facts here to be inapposite to the holding in Perry. 2019See Paxton, 493 S.W.3d at 303 (declining to hold that pre-trial habeas relief was available under Perry because the defendant’s charges did “not arise out of his duties as an elected official but rather from his conduct as a private citizen”); Walsh, 530 S.W.3d at 781 (declining to extend the holding in Perry to appellant’s as-applied challenge because, inter alia, appellant was not a government official). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Perry, Ex Parte James Richard \Rick\""
green
2 sentences2021The Court of Criminal Appeals 13 disagreed and concluded that “pre-trial habeas is an available vehicle for a government official to advance an as-applied separation of powers claim that alleges the infringement of his own power as a government official.” Id. at 898 . 2019The court of criminal appeals disagreed, holding that “pre-trial habeas is an available vehicle for a government official to advance an as-applied separation of powers claim that alleges the infringement of his own power as a government official.” Id. at 898 ; see Ex parte Walsh, 530 S.W.3d 774, 781 (Tex. App.—Fort Worth 2017, no pet.) (emphasis added). 5 We find the facts here to be inapposite to the holding in Perry. | 5 | 2016–2024 |