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Prosecutors Want to Overturn Attorney General Paxton’s Judge Removal

The ongoing white collar prosecution against Texas Attorney General Ken Paxton has been noteworthy for its twists and turns. In the latest development, prosecutors have asked the highest court in the state to overturn a ruling supporting his push for judge removal

Paxton is the subject of a securities fraud case. His lawyers recently scored a success when a state appeals court ruled the judge earmarked for the trial, George Gallagher, lost jurisdiction when he changed the venue to Harris County from Paxton’s home county Collin County.

The Texas Tribune reported prosecutors in the case against Paxton asked the state’s highest criminal court to overturn the ruling that backs his push for a new judge in the case.

AG Paxton's judge removal is challenged

They have requested the Texas Court of Criminal Appeals to reverse the ruling. The prosecutors suggest the 5th Court of Appeals lacked jurisdiction to make its decision in the first place.

Secondly, they took issue with the court’s interpretation of a part of the Texas Code of Criminal Procedure that Paxton’s team relied on its motion for a new judge.

The prosecutors requested oral arguments before the Texas Court of Criminal Appeals.

We noted earlier this year, how Paxton’s fraud trial has been repeatedly delayed.

A trial was originally scheduled for Collin County in the spring of 2017. However, white collar charges of this nature are notoriously complicated. We have seen many cases like this in which public officials have faced expensive and lengthy court proceedings, only for the cases against them to collapse.

Paxton is accused of convincing investors in a company to purchase stock in the North Texas technology firm while omitting to disclose that he was being paid by the firm. He faces criminal charges based on the allegations that go back to a time before he was the state’s attorney general.

The Attorney General’s lawyers have sought to remove Gallagher from the case ever since he moved the case out of Collin County, where Paxton resides. They refused to give him written permission that they say is needed for Gallagher to follow the case to Harris County.

Paxton has been fighting the corruption charges for more than two years. If convicted, he could face up to 99 years in prison.

At Peek & Toland our experienced Austin criminal defense lawyers can help you if you are charged with a white collar crime. Call us at (512) 474-4445.

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