Texas Court of Criminal Appeals | |
---|---|
![]() Seal of the Texas Court of Criminal Appeals | |
![]() | |
30°16′34.76″N97°44′28.56″W / 30.2763222°N 97.7412667°W | |
Established | 1841 |
Location | Austin, Texas |
Coordinates | 30°16′34.76″N97°44′28.56″W / 30.2763222°N 97.7412667°W |
Authorized by | Texas Constitution |
Appeals to | Supreme Court of the United States |
Website | http://www.txcourts.gov/cca |
The Texas Court of Criminal Appeals (CCA) is the court of last resort for all criminal matters in Texas. The Court, which is based in the Supreme Court Building in Downtown Austin, [1] is composed of a presiding judge and eight judges.
Article V of the Texas Constitution vests the judicial power of the state and describes the Court's jurisdiction and sets rules for judicial eligibility, elections, and vacancies.
In Texas, the Court of Criminal Appeals has final jurisdiction over all criminal matters (excluding juvenile proceedings, which are considered civil matters), while the Texas Supreme Court is the last word on all civil matters.
The Court of Criminal Appeals exercises discretionary review over criminal cases, which means that it may choose whether or not to review a case. The only cases that the Court must hear are those involving the sentencing of capital punishment or the denial of bail.
The Court is composed of a presiding judge and eight judges (unlike the Texas Supreme Court which is composed of a chief justice and eight justices). Each judge serves a six-year term beginning January 1 and ending December 31, and the judges are elected in staggered partisan elections. Although all nine seats are elected at large, the presiding judge seat is separately designated from the other seats.
In order to be a judge, a person must be at least 35 years of age, a United States and Texas citizen, licensed to practice law in Texas, and must have practiced law for at least 10 years. A person 75 years or older cannot run for a seat on the Court of Criminal Appeals. [2] Judges who turn 75 during the term of office may serve until December 31 of the fourth year of their term. [3] The Governor of Texas, subject to Senate confirmation, may appoint a judge to serve out the remainder of any unexpired term until the next general election.
Place | Judge [4] | Born | Joined | Term ends | Mandatory retirement [lower-alpha 1] | Party affiliation | Appointed by | Law school |
---|---|---|---|---|---|---|---|---|
1 | Sharon Keller , Presiding Judge | August 1, 1953 | January 1, 1995 | 2024 | 2028 | Republican | — [lower-alpha 2] [lower-alpha 3] | Southern Methodist |
7 | Barbara Hervey | June 27, 1953 | January 1, 2001 | 2024 | 2028 | Republican | — [lower-alpha 2] | St. Mary's |
3 | Bert Richardson | 1956 (age 67–68) | January 1, 2015 | 2026 | 2032 | Republican | — [lower-alpha 2] | St. Mary's |
4 | Kevin Yeary | September 8, 1966 | January 1, 2015 | 2026 | 2042 | Republican | — [lower-alpha 2] | St. Mary's |
9 | David Newell | June 9, 1971 | January 1, 2015 | 2026 | 2048 | Republican | — [lower-alpha 2] | Texas |
2 | Mary Lou Keel | January 5, 1961 | January 1, 2017 | 2028 | 2038 | Republican | — [lower-alpha 2] | Houston |
5 | Scott Walker | July 10, 1953 | January 1, 2017 | 2028 | 2028 | Republican | — [lower-alpha 2] | Baylor |
8 | Michelle Slaughter | 1978 (age 45–46) | January 1, 2019 | 2024 | 2054 | Republican | — [lower-alpha 2] | Houston |
6 | Jesse McClure | 1972 (age 51–52) | January 1, 2021 | 2028 | 2050 | Republican | Greg Abbott (R) | Texas |
According to a 2000 special article in the Chicago Tribune , from 1995 to 2000, records show that the court has granted new trials in capital cases eight times and new sentencing six times while affirming 270 capital convictions. [6] [7]
The appointment of attorneys for indigent defendants in capital cases is a source of controversy. District Court judges appoint lawyers for trial and a defendant's initial appeal. Of the 131 inmates executed under Governor George W. Bush, 43 were represented by an attorney who at some point has been disbarred, suspended or otherwise sanctioned. [6]
The appointment of attorneys for an inmate's final appeals, which allow attorneys to move beyond what occurred at trial and investigate for new evidence, has also proved troublesome. Attorneys at this stage can argue, for instance, that prosecutors improperly concealed evidence favorable to the defendant. [6]
Before 1995, appellants were not guaranteed an attorney for final appeals. In 1995, Texas revamped its system with a new law that collapsed the layers of appeal and set strict filing deadlines seeking to ensure that defendants received one full, fair set of appeals. The state agreed to pay for court-appointed attorneys to handle the final appeals for Death Row inmates. The Court of Criminal Appeals got the job of making these appointments. While assigning attorneys in about 300 cases, the Court of Criminal Appeals tapped some with questionable credentials or little experience. [6] [7]
For at least eight Death Row inmates, the court handpicked an attorney who previously had been sanctioned by the State Bar of Texas for misconduct, including one attorney who was still on probation. He was among four attorneys appointed by the court who had been disciplined more than once. In a ninth case, the attorney was sanctioned shortly after his appointment. The misconduct ranged from relatively minor infractions to serious violations. They included failing to show up in court, lying to the State Bar of Texas or to a judge, and dismissing a client's legal claim without the client's permission or knowledge. [6]
A justice of the peace (JP) is a judicial officer of a lower or puisne court, elected or appointed by means of a commission to keep the peace. In past centuries the term commissioner of the peace was often used with the same meaning. Depending on the jurisdiction, such justices dispense summary justice or merely deal with local administrative applications in common law jurisdictions. Justices of the peace are appointed or elected from the citizens of the jurisdiction in which they serve, and are usually not required to have any formal legal education in order to qualify for the office. Some jurisdictions have varying forms of training for JPs.
The Supreme Court of Maryland is the highest court of the U.S. state of Maryland. The court, which is composed of one chief justice and six associate justices, meets in the Robert C. Murphy Courts of Appeal Building in the state capital, Annapolis. The term of the Court begins the second Monday of September. The Court is unique among American courts in that the justices wear red robes.
The Alaska Supreme Court is the state supreme court for the U.S. state of Alaska. Its decisions are binding on all other Alaska state courts, and the only court its decisions may be appealed to is the Supreme Court of the United States. The Alaska Supreme Court hears appeals from lower state courts and also administers the state's judicial system.
The Alaska Court System is the unified, centrally administered, and totally state-funded judicial system for the state of Alaska. The Alaska District Courts are the primary misdemeanor trial courts, the Alaska Superior Courts are the primary felony trial courts, and the Alaska Supreme Court and the Alaska Court of Appeals are the primary appellate courts. The chief justice of the Alaska Supreme Court is the administrative head of the Alaska Court System.
The Alaska Court of Appeals is an intermediate court of appeals for criminal cases in the State of Alaska's judicial department, created in 1980 by the Alaska Legislature as an additional appellate court to lessen the burden on the Alaska Supreme Court. The court of appeals consists of a chief judge and three associate judges, who are all appointed by the governor of Alaska and face judicial retention elections every eight years; the chief judge of the court of appeals is selected from among the four by the chief justice of the supreme court to serve a two-year term.
The structure of the judiciary of Texas is laid out in Article 5 of the Constitution of Texas and is further defined by statute, in particular the Texas Government Code and Texas Probate Code. The structure is complex, featuring many layers of courts, numerous instances of overlapping jurisdiction, several differences between counties, as well as an unusual bifurcated appellate system at the top level found in only one other state: Oklahoma. Municipal Courts are the most active courts, with County Courts and District Courts handling most other cases and often sharing the same courthouse.
The Supreme Court of Texas is the court of last resort for civil matters in the U.S. state of Texas. A different court, the Texas Court of Criminal Appeals, is the court of last resort in criminal matters.
The Supreme Court of Oklahoma is a court of appeal for non-criminal cases, one of the two highest judicial bodies in the U.S. state of Oklahoma, and leads the judiciary of Oklahoma, the judicial branch of the government of Oklahoma.
The Ontario Court of Justice is the provincial court of record for the Canadian province of Ontario. The court sits at more than 200 locations across the province and oversees matters relating to family law, criminal law, and provincial offences.
The judicial system of Israel consists of secular courts and religious courts. The law courts constitute a separate and independent unit of Israel's Ministry of Justice. The system is headed by the President of the Supreme Court and the Minister of Justice.
The government of the U.S. State of Oklahoma, established by the Oklahoma Constitution, is a republican democracy modeled after the federal government of the United States. The state government has three branches: the executive, legislative, and judicial. Through a system of separation of powers or "checks and balances," each of these branches has some authority to act on its own, some authority to regulate the other two branches, and has some of its own authority, in turn, regulated by the other branches.
The Oklahoma Court System is the judicial system for the U.S. State of Oklahoma. Based in Oklahoma City, the court system is a unified state court system that functions under the Chief Justice of Oklahoma who is its administrator-in-chief.
The Montana Supreme Court is the highest court of the state court system in the U.S. state of Montana. It is established and its powers defined by Article VII of the 1972 Montana Constitution. It is primarily an appellate court which reviews civil and criminal decisions of Montana's trial courts of general jurisdiction and certain specialized legislative courts, only having original jurisdiction in a limited number of actions. The court's Chief Justice and six Associate Justices are elected by non-partisan, popular elections. The Montana Supreme Court meets in the Joseph P. Mazurek Building in Helena, Montana, the state's capital, an international style building completed in 1982 and named in the honor of former Montana Attorney General, Joseph P. Mazurek.
The Supreme Court of Guam is the highest judicial body of the United States territory of Guam. The Court hears all appeals from the Superior Court of Guam and exercises original jurisdiction only in cases where a certified question is submitted to it by a U.S. federal court, the Governor of Guam, or the Guam Legislature. The Supreme Court of Guam is the ultimate judicial authority on local matters. In the past, appeals of questions involving the U.S. Constitution or federal laws or treaties were heard by a three-judge appellate panel of the U.S. District Court of Guam, from which appeals could be further taken to the United States Court of Appeals for the Ninth Circuit, but this is no longer the case. Since 2006, the court's decisions have only been appealable to the Supreme Court of the United States, in line with the practice regarding the highest courts of the 50 states. The Court sits in the Monessa G. Lujan Memorial Courtroom, which is on the third floor of the Guam Judicial Center in Hagatna, Guam.
The New Mexico Supreme Court is the highest court in the U.S. state of New Mexico. It is established and its powers defined by Article VI of the New Mexico Constitution. It is primarily an appellate court which reviews civil and criminal decisions of New Mexico's trial courts of general jurisdiction and certain specialized legislative courts, only having original jurisdiction in a limited number of actions. It currently resides in the New Mexico Supreme Court Building in Santa Fe.
The Oklahoma Court of Criminal Appeals is one of the two highest judicial bodies in the U.S. state of Oklahoma and is part of the Oklahoma Court System, the judicial branch of the Oklahoma state government.
The Government of Guam (GovGuam) is a presidential representative democratic system, whereby the president is the head of state and the governor is head of government, and of a multi-party system. Guam is an organized, unincorporated territory of the United States with policy relations between Guam and the US under the jurisdiction of the Office of Insular Affairs.
The Judiciary of Vermont is the state court system of Vermont, charged with Vermont law.
The Alabama Court of Criminal Appeals is one of two appellate courts in the Alabama judicial system. The court was established in 1969 when what had been one unitary state Court of Appeals was broken into a criminal appeals court and a civil appeals court. The unitary Court of Appeals had been operative since 1911. The Court of Criminal Appeals is the linear descendant of the unitary Court of Appeals as its predecessor judges were automatically assigned to the Court of Criminal Appeals in 1969. At that time the court only had three judges, but that was changed to five in 1971. The court is housed in the Heflin-Torbert Judicial Building in downtown Montgomery, Alabama.
The Judiciary of California or the Judicial Branch of California is defined under the California Constitution as holding the judicial power of the state of California which is vested in the Supreme Court, the Courts of Appeal and the Superior Courts. The judiciary has a hierarchical structure with the California Supreme Court at the top, California Courts of Appeal as the primary appellate courts, and the California Superior Courts as the primary trial courts.