It's officially an "application for pretrial writ of habeas corpus"; denials of such applications can be appealed before trial.
Even if Gov. Rick Perry's veto threat could have been criminalized by a narrow, specifically defined statute (and I'm not sure it could be), it can't constitutionally be punished under the statutes that the prosecutor has cited.
I've posted below on why I think the Perry indictment is legally unsound -- but I want to make sure I'm not missing some important legal issues. Can anyone please point me to specific legal arguments explaining why Perry's behavior violates the specific statutes mentioned in the indictment (rather than general explanations of why the behavior was unsavory or ill-intentioned, or why there ought to be a law against it)?
UC Irvine’s Rick Hasen writes at Electionlawblog: Texas Governor Rick Perry has been indicted for coercion and abuse of power in a potentially politically motivated prosecution for actions Perry possibly took out of political motivation to shut down possible politically motivated prosecutions. Got that? . . . Perry joins the list of other politicians prosecuted under controversial […]
My tentative thinking: State v. Hanson (Tex. Ct. App. 1990) seems to cut against the theory in Count II of the Perry indictment, though please let me know if I'm mistaken.
A grand jury is investigating the Texas governor's veto of funding after a local district attorney was arrested for drunk driving and refused to resign.