[EL] Link to Rick Perry opinion

[Sai .]

Thanks. Very interesting and thorough opinion.

I'm not familiar with pre trial habeas. t
The analysis on that section seemed almost like a Simpkins qualified
immunity argument for resolving demurrers quickly on a MTD. The court
seemed sympathetic to that idea, and just short of openly disagreeing with
precedent not letting them do so.

Sincerely,
Sai
President, MYL PAC/C4/C3

Sent from my phone; please excuse the concision & autocorrect typos.
On Jul 25, 2015 1:49 AM, "Scarberry, Mark" <Mark.Scarberry at pepperdine.edu>
wrote:

I had trouble getting to the opinion using the link in the post. This one
seems to work:

http://www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=e385810b-5d3a-4854-875e-14bd7481f6e9&coa=coa03&DT=Opinion&MediaID=de43bcf9-2702-4739-8b8c-10876522022b

Mark

Mark S. Scarberry
Pepperdine University School of Law


Sent from my iPad

On Jul 24, 2015, at 9:33 PM, "Rick Hasen" <rhasen at law.uci.edu> wrote:

...

“One of Two Charges Against Rick Perry Is Dismissed”
<http://electionlawblog.org/?p=74582>

  Posted on July 24, 2015 5:38 pm <http://electionlawblog.org/?p=74582> by Rick
Hasen <http://electionlawblog.org/?author=3>

NYT
<http://www.nytimes.com/politics/first-draft/2015/07/24/one-of-two-charges-against-rick-perry-is-dismissed/?smid=nytcore-iphone-share&smprod=nytcore-iphone>
:

Former Gov. Rick Perry of Texas, who is seeking the Republican nomination
for president, received some good news regarding his legal problems on
Friday when an appeals court in his state dropped one of the two felony
charges he is facing.

Mr. Perry was indicted last summer
<http://www.nytimes.com/2014/08/16/us/gov-rick-perry-of-texas-is-indicted-over-veto-of-funds-for-das-office.html>
 on criminal charges of abuse of power and coercion of a public servant.
The case surrounds an episode during which Mr. Perry was accused of trying
to use his powers as governor to make an elected official step down after
being charged with drunken driving.

The case has been a nuisance for Mr. Perry as he looks to gain traction in
a crowded field of Republicans seeking the party’s presidential nomination.

On Friday, the Austin court dismissed the coercion of a public servant
charge against Mr. Perry on the grounds that violates his right to free
speech under the First Amendment.

“Because the First Amendment bars enforcement of the statute on which the
“coercion of a public servant” charge is based, that charge must be
dismissed,” Judge Bert Richardson wrote in an opinion
<http://www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=e385810b-5d3a-4854-875e-14bd7481f6e9&coa=coa03&DT=Opinion&MediaID=de43bcf9-2702-4739-8b8c-10876522022b>
.

 ...

Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000949.824.3072 - office949.824.0495 -
faxrhasen at law.uci.eduhttp://www.law.uci.edu/faculty/full-time/hasen/http://electionlawblog.org

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