Court of Criminal Appeals of Texas
Ex Parte James Richard "rick" Perry, Appellant
February 24, 20162016 Tex. Crim. App. LEXIS 43
Summary
The Court held that a pre‑trial habeas petition may raise an as‑applied separation‑of‑powers claim when the prosecution itself infringes the official’s constitutional power, reversing the appellate court on Count I and sustaining the dismissal of the coercion statute on Count II as facially overbroad; dissenting judges argued the opposite and concurring judges clarified the cognizability analysis. Justice Meyers, dissenting, would have affirmed Count I and reversed Count II.