Author Topic: Appeal: Judge Is Picking Law That Is ‘Convenient’ (Waco)  (Read 630 times)

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Online Elderberry

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Radio Legendary 9/14/2018

Waco – A criminal district court judge is accused of picking and choosing what part of the law is convenient over that which is not in a murder case stemming from a biker shootout that occurred in this city more than three years ago.

Lawyers for a Twin Peaks defendant alleged in court papers that 54thCriminal District Judge Matt Johnson failed to perform his ministerial duty to ensure due process when he refused to quash a superseding indictment for rioting returned by a Grand Jury under the same cause number as the original charge of engaging in organized criminal activity.

They are seeking an order for Johnson to quash the new charge in a writ of mandamus.

Judge Johnson denied Marcus Pilkington, who allegedly struck a biker from a rival motorcycle club with a cudgel before another defendant allegedly shot him on May 17, 2015, the right to object to the form or substance of the amended charge.

---To further complicate matters, the victim Richard Kirschner died as a result of a gunshot wound to one of his buttocks from an assault rifle bullet fired by Waco Police Officer Michael Bucher, a death ruled a homicide by a medical examiner, for which as a police officer he was granted immunity in a previous session of the Grand Jury.

More: http://radiolegendary.com/2018/09/appeal-judge-is-picking-law-that-is-convenient/



A Waco Police Officer holds his rifle on a man ballistics tests proved he
 shot as he bleeds out at Twin Peaks Restaurant on May 17, 2015.

Online Elderberry

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Re: Appeal: Judge Is Picking Law That Is ‘Convenient’ (Waco)
« Reply #1 on: September 15, 2018, 08:52:50 pm »
Pilkington’s lawyers have promised to appeal a negative ruling by the intermediate 10th District Court of Appeals at Waco to the state’s highest criminal appeals court, the Texas Court of Criminal Appeals, which sits at Austin.

    Current judges of the Texas Court of Criminal Appeals

    Judge Position Term Begin

    Sharon Keller Presiding Judge, Place 1 January 1, 2013

    Mary Lou Keel Judge, Place 2 January 1, 2017

    Bert Richardson Judge, Place 3 January 1, 2015

    Kevin Patrick Yeary Judge, Place 4 January 1, 2015