He’s not in custody, but the writ of habeas corpus can apply to constructive custody as well as actual custody — so maybe this is the right vehicle. I don’t know. (P.S. When lawyers use the word “constructive” it means it’s not real.) The arguments in the petition repeat a lot of arguments that were made by Eugene Volokh here and here. Check it out:
Rick Perry writ of habeas corpus.pdf
Via William Jacobson.
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Thanks for raising the issue. I was wondering how he could file for a writ of habeus corpus when the state doesn’t habeus his corpus.
egd (2130a5) — 8/26/2014 @ 8:00 amThere’s case law that says a person out on bail is the property of the bondsman. I don’t know that that’s the law in Texas, but it wouldn’t surprise me if it were.
nk (dbc370) — 8/26/2014 @ 8:48 amThe idea that he’s protected by the penumbra of the legislative speech immunity clause is compelling.
Kevin M (b357ee) — 8/26/2014 @ 9:16 amThis gives a judge a opening to quash the suit and the angle?
gary gulrud (46ca75) — 8/26/2014 @ 9:37 amThat penumbra emanates from the legislative speech immunity clause.
Diffus (48ae73) — 8/26/2014 @ 10:06 amRick Perry hired good lawyers, and this may be exactly the kind of (very unusual) motion that would be best for him.
It’s a very unusual indictment, so maybe it would not be a surprise nobody else has used it.
How many cases do you get where an indictment charges what could be a non-crime?
Sammy Finkelman (d22d64) — 8/26/2014 @ 10:26 amI think they’d make the same kind of motion where somebody was arrested on charges that in that state would require a grand jury indictment but there was no indictment.
They’re basically charging a failure to follow “due process of law”
Here it is maybe more: this can’t be a crime.
Sammy Finkelman (d22d64) — 8/26/2014 @ 10:31 ami didn’t know his first two initials were J.R.
that’s so cute
happyfeet (8ce051) — 8/26/2014 @ 10:43 amMaybe he can find a republican judge like ollie north did or he could pardon himself.
mr.gop (0f17ac) — 8/26/2014 @ 1:01 pmor, jsut maybe, because the charges are viewed for and wide to be somewhere between specious and illegal, the judge will rule in his favor and dismiss them with prejudice.
then you can go back to your full time “Free Mumia” campaign…
it’s amusing how the left will labor tirelessly to release convicted criminals with the same intensity they use to imprison innocent people they disagree with.
redc1c4 (abd49e) — 8/26/2014 @ 3:30 pmsince the indictment has caused, as i understand it, the suspension of his CCW permit, he has already been denied some of his civil rights, so seeking an immediate legal remedy seems a perfectly sensible approach.
redc1c4 (abd49e) — 8/26/2014 @ 3:31 pmPerry’s lawyers should, and I expect will, use every available procedure to force a resolution of this ridiculous indictment as soon as possible. They’re pushing for an early trial date, and they’ll doubtless seek some of the same sorts of relief with the judge presiding over the criminal case as they’ve sought in this habeas motion. Whether this was a necessary step, or whether it’s merely available as an alternative and they’re pursuing all such alternatives, I don’t know enough about Texas criminal law and procedure to say without doing research I haven’t done.
Beldar (fa637a) — 8/26/2014 @ 8:03 pmBy the way, the second lawyer for Perry listed on the cover page — Thomas R. Phillips of Baker Botts — was an associate just leaving that law firm when I started there in October 1981. I took over some of his docket because he’d just been appointed by Texas Gov. Bill Clements to an open seat on the Harris County Civil District Courts.
While he was a state district judge, I had the opportunity to practice before Judge Phillips several times. Indeed, it was in his court that I had the privilege of representing a rock group against anonymous t-shirt and poster counterfeiters; I remember his look of surprise when he first “called the case” to bring the lawyers up to the bench in the first hearing: “The Who vs. John Doe.”
In 1988, Judge Phillips sought and won election to become Chief Justice of the Texas Supreme Court — a seat to which he was reelected repeatedly and by very wide margins. He served as Chief Justice with distinction and to near-universal acclaim, both state and national, until 2005. He’s one of the smartest lawyers and most decent men I have ever had the privilege of knowing. So I can confirm that Gov. Perry will be very, very well-represented.
Beldar (fa637a) — 8/26/2014 @ 8:13 pmAs is the case in sooooo much of law, all that is necessary is to give a biased judge the figleaf of precedent or theory with which s/he can run. I imagine that most Texas judges were aghast when they learned of this indictment and would happily quash it if given the chance.
Ed from SFV (3400a5) — 8/26/2014 @ 11:09 pmOf course, any judge who quashes it will be attacked as being “political.”
Kevin M (b357ee) — 8/26/2014 @ 11:45 pmTexas Gov and the power to pardon
EPWJ (acb2d0) — 8/27/2014 @ 6:51 amI found it interesting that the Governor communicated the veto threat to Senator Watson. That strengthens the applicability of the legislative speech immunity clause.
It was Senator Watson’s office that publicized the veto threat. Perhaps HE should be indicted on the coercion count, rather than the Governor.
David Jay (fe0181) — 8/28/2014 @ 9:58 am