A former Texas Court of Criminal Appeals judge and a criminal procedure scholar both say that an appellate court considering Texas Attorney General Ken Paxton’s criminal case might find he’s raising his arguments too soon and should try again after trial.

On Feb. 22 Paxton filed an appellate brief that raises four arguments about why Dallas’ Fifth Court of Appeals should dismiss his two first-degree felony securities fraud charges and his third-degree felony charge for failure to register as an investment adviser representative.