The Texas Court of Criminal Appeals recently highlighted “the attorney general’s limited role in criminal cases” while striking down a state law that required the court to notify the A.G. and delay final judgment in cases that challenge the constitutionality of state laws.
The 2011 law violates the Texas Constitution’s separation of powers provision because the notice requirement is outside the CCA’s judicial function and because delaying the court in issuing a final judgment is a “constitutionally intolerable imposition,” according to the March 19 Opinion on State’s Motion for Rehearing in Ex Parte John Christopher Lo. The Harris County District Attorney’s Office filed the motion for rehearing.
