Lisa McMinn, the state prosecuting attorney, asked the Court of Criminal Appeals to disregard Abbott’s request, arguing that there was no obligation to notify Abbott about a case he was powerless to join.
McMinn told the court that only local prosecutors and her office, created in 1923 to handle criminal appellate matters for Texas, may represent the state in appeals involving criminal cases. Abbott, who represents Texas in civil court matters, cannot intervene in an ongoing criminal case unless invited by a local prosecutor — and Abbott received no such offer in the case, she said.
Monday, February 10, 2014
State Prosecuting Attorney to Greg Abbott: Butt out
Regular readers will recall that last year the Texas Court of Criminal Appeals declared Texas' online solicitation of a minor statute unconstitutional. Strangely, given that he has no role in criminal cases except when he's invited in by local prosecutors (unless you consider his motives political, in which case it's not strange at all), Attorney General and gubernatorial candidate Greg Abbott sought to have the CCA re-hear the case. Mark Bennett earlier published his arguments why the AG had no authority to request rehearing, and it turns out the State Prosecuting Attorney agrees. Reported the Austin Statesman last week (Feb. 4):