The Court of Criminal Appeals scuttled nearly 450 cases, saying migrants arrested for...
of Kinney County, a rural border county whose handful of conservative court officials quickly became inundated with thousands of migrant arrests. Migrants sat in state prisons for weeks or months after being arrested without being appointed lawyers or seeing a judge.to decide if he was being wrongfully detained and to toss out his trespassing charge.
In a Wednesday ruling, the Court of Criminal Appeals prohibited Travis County from taking up the cases, essentially reinstating each of the men’s cases in Kinney County at whatever stage they were in. The nine judges stated that even in cases in which the charging courts may not be able to quickly hear habeas appeals — which ask judges to consider if someone is being wrongfully detained — arrestees may only move to be heard by nearby courts.
Kinney County officials have argued migrants’ attorneys went “forum shopping” for friendlier, Democratic judges who would rule against the Republican governor’s controversial initiative. “Absent these kinds of unusual circumstances or specific statutory authority, a trial court should never consider the merits of a habeas application for an offense arising outside its geographic boundaries,” Presiding Judge
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