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Posted: Thursday, 05 November 2009 12:11PM

New Suit Against Justice Keller



There is a move to get Court of Criminal Appeals Justice Sharon Keller back into federal court.  A federal court case against Justice Sharon Keller was thrown out.  It was over her actions that stopped a last minute death row appeal for Michael Richard from being filed.  The reason…she was acting in her capacity as a judge and can’t be sued…but Texas Civil Rights Project Attorney Jim Harrington says that’s not what she told another hearing on this matter.  “In her sworn testimony in August before the Commission on Judicial Conduct she took the position under oath that she was not acting in a judicial capacity but in an administrative capacity.”  Harrington says if that’s the case then she can be sued so he is trying to get the federal court case reinstated. “One of the two is not true.  She can’t be arguing in federal court one way to get the lawsuit against her dismissed and then in front of the commission the other way in order that she not be disciplined.  If she does not have judicial immunity then she is subject to a federal lawsuit.”

 
 
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