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Malm and other county officials didn’t respond to my questions about potential moves to further investigate the involvement of judges or any other officials, or the full scope of cases affected by Petty's conflict. Russell Malm, Midland County attorney, told me the county won’t comment on pending litigation. Wilson’s complaint claims a violation of her constitutional due process rights based on the fact that Petty worked as clerk for the judge in her case, John Hyde, while Petty's colleagues at the DA's office were asking Hyde to convict her. “The only way to get public accountability here is for the court to declare that what happened to Erma is unconstitutional, and to hold government officials personally accountable for the consequences of their actions,” Gervasi said. “Petty is no longer practicing law, but that doesn’t do anything for our client," Gervasi said. In the case filed on April 11 in federal court in Western Texas, Wilson is represented by Institute for Justice lawyer Alexa Gervasi, who told me that Wilson's lawsuit serves to challenge the immunities that shield prosecutors from meaningful accountability for even grave and knowingly corrupt behavior. Judges and prosecutors have absolute immunity, a broader right to freedom from suit than qualified immunity: Officials can't be sued for crimes or money damages as long as they're acting within the scope of their official duties. But Petty has never faced legal action for his misconduct, largely due to prosecutorial immunity.
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The Texas Supreme Court ultimately terminated his law license in connection with Midland’s unscrupulous arrangement in April 2021. Petty invoked his Fifth Amendment privilege against self-incrimination in the case.
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The Texas Court of Criminal Appeals overturned his conviction in September, holding that the undisclosed “relationship between the trial judge and the prosecutor appearing before him” fundamentally tainted the proceedings from the beginning. I previously wrote about Young, who was convicted of capital murder and sentenced to death in 2003. inadvertently found records showing Petty worked for the prosecution in a capital murder case against Clinton Young, while also working as a law clerk for the judge in the case. It was uncovered publicly in 2019 when the current D.A. The conflicted arrangement was known to judges and at least two preceding district attorneys. Except the losing team risks life or freedom in each contest.Īttempts to reach Petty were unsuccessful, and his lawyer did not respond to requests for comment. That’s like a ball player taking off his team jersey halfway through the game and returning in a striped shirt to call fouls.
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