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Texas: a 1977 "liberal" decision helped DeLay

The Houston Chronicle reports: IT was exactly the sort of decision that has Congressman Tom DeLay declaring that "judicial activism has become the greatest threat confronting representative government."

In Baker v. the State of Texas, an appeals court made up entirely of Democrats threw out a drug conspiracy charge on the technicality that the conspiracy law was part of the Criminal Code and could only be applied to other offenses in the Criminal Code. The drug felony was part of the Controlled Substance Act. ...

"The State's criticism" of Baker "is well taken," the 3rd Court opinion reads. By the State, it means Ronnie Earle.

"Moreover, the legislature has created dozens of felony offenses contained in at least 20 statutory codes," it continued. "In light of the historically broad application of Texas's criminal conspiracy offense, we find it unlikely that the legislature would have intended to eliminate criminal liability for conspiracy in such a panoply of felony offenses."

But, the opinion concludes, "we lack the authority to overrule an opinion of the Court of Criminal Appeals."

Then it issues what amounts to an invitation for Earle to appeal the ruling. -- Chron.com | Old activist judges bail out DeLay

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