Judge Richardson on Texas Appeals Journalhttps://texasappeals.org/topics/judge-richardson/Clinical descriptions of the Texas appellate decisions drawing the most press coverage.Hugo -- gohugo.ioen-usMon, 08 Sep 2025 07:00:00 -0500Court of Criminal Appeals, on Rehearing, Withdraws 2024 Opinion and Holds Ethics Commission Referral Is Not a Precondition to Election-Law Prosecutionhttps://texasappeals.org/2025/09/ex-parte-charette-rehearing/Mon, 08 Sep 2025 07:00:00 -0500https://texasappeals.org/2025/09/ex-parte-charette-rehearing/On the State’s motion for rehearing, the court withdrew its September 2024 opinion and affirmed the denial of pretrial habeas relief to a former judicial candidate. It held that neither the Texas Constitution nor Government Code Chapter 571 categorically bars a criminal prosecution for election-law offenses brought without a referral from the Texas Ethics Commission or exhaustion of its civil process, while reaffirming that the habeas claim was cognizable.Court of Criminal Appeals Grants New Trial to Randy Halprin, Finding Trial Judge Was Actually Biased Against Him Because He Is Jewishhttps://texasappeals.org/2024/12/ex-parte-halprin-judicial-bias-new-trial/Mon, 02 Dec 2024 07:00:00 -0600https://texasappeals.org/2024/12/ex-parte-halprin-judicial-bias-new-trial/The court found by a preponderance of the evidence that the judge who presided over Halprin’s 2003 capital murder trial was actually biased against him because he is Jewish, held that actual judicial bias is structural error requiring no showing of harm, and remanded for a new trial. A second claim was dismissed as an abuse of the writ.Court of Criminal Appeals Vacates Travis County Restraining Order That Had Blocked Robert Roberson’s Executionhttps://texasappeals.org/2024/11/in-re-tdcj-ex-rel-paxton-roberson-subpoena/Mon, 11 Nov 2024 07:00:00 -0600https://texasappeals.org/2024/11/in-re-tdcj-ex-rel-paxton-roberson-subpoena/In a per curiam opinion, the court held that a district court’s temporary restraining order enjoining the Texas Department of Criminal Justice from carrying out a death warrant had the effect of staying a scheduled execution and was subject to the court’s mandamus authority. The court vacated the order itself. Four judges dissented.Court of Criminal Appeals Grants Habeas Relief to Kerry Max Cook on Actual-Innocence Claim in 1977 Smith County Murderhttps://texasappeals.org/2024/07/ex-parte-cook-actual-innocence/Mon, 08 Jul 2024 07:00:00 -0500https://texasappeals.org/2024/07/ex-parte-cook-actual-innocence/The court held that newly discovered DNA evidence, combined with evidence of false testimony and State misconduct, established by clear and convincing evidence that no rational jury would convict Cook of the 1977 Tyler murder. It did not reach his remaining due-process claims, and the habeas court had recommended denying the actual-innocence claim.