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Texas Appeals Court: Ken Paxton Judge Must Rescind Recent Orders

Cooper Neill for The Texas Tribune
Texas Attorney General Ken Paxton enters a federal courthouse in Sherman last year.

A state appeals court ruled Tuesday that the judge in Attorney General Ken Paxton's securities fraud case lost jurisdiction when he sent it to Harris County in April. The court also directed the judge, George Gallagher, to vacate all subsequent orders, including one that set a September trial date.

The ruling by the Dallas-based 5th Court of Appeals appears to add some uncertainty to the case, though it represents a breakthrough for Paxton's lawyers. For weeks, they have been arguing Gallagher did not have the authority to follow the case out of Collin County.

In issuing his opinion Tuesday, Justice Robert Fillmore also lifted a stay the appeals court had put on the trial court proceedings earlier this month. 

Paxton has been fighting securities fraud charges for close to two years now. He is accused of misleading investors in a company from before his time as attorney general, and if convicted, he could face up to 99 years in prison.

Before the appeals court intervened in the case, Paxton had been set to face trial on Sept. 12 in Harris County on the lesser of three charges he faces.


From The Texas Tribune

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