Court Of Appeals Holding Up Constables Case

Posted in Constables, County Attorney, Williamson County at 2:47 pm by wcnews

It appears the Third Court of Appeals is keeping Constable Griffin’s case from proceeding to the Texas Supreme Court. As reported in the AusChron, Constable Wants Day in Supreme Court:

Williamson Co. Constable Gary Griffin, who sued the WilCo Commissioners Court in 2005 for unconstitutionally slashing his budget midyear and giving the money to handle mental-health calls to the sheriff’s office, is seeking a hearing before the Texas Supreme Court – but Austin’s 3rd Court of Appeals is standing in his way, according to an Aug. 7 motion filed by attorney Bill Aleshire. On Nov. 28, 2007, the 3rd Court, with Justice Kenneth Law presiding, denied Griffin’s appeal of a 2006 ruling for summary judgment. On Dec. 11, 2007, Griffin filed a motion for rehearing, but the 3rd Court has yet to request a response, “suggesting the motion was not well-received” and precluding a final step in the appeals process, as the current motion asserts. Both courts erred by “not applying the proper standard … for a summary judgment case,” the motion argues. Griffin and others have questioned a possible conflict of interest in the case because 3rd Court of Appeals Justice David Puryear‘s son worked for County Attorney Jana Duty. Additionally, Duty helped plan a fundraiser for Law, which occurred before the release of the 3rd Court’s opinion. For more, see “Appeals Court Rules Against WilCo Constable,” Dec. 21, 2007. - Patricia J. Ruland

EOW’s prior reporting on this can be found here, Constable Griffin Will Continue Fight Against The County.

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