Today, the Texas Court of Criminal Appeals affirmed dismissal of a conspiracy charge against ex-House Majority Leader Tom DeLay. The conspiracy charge related to a substantive charge that DeLay and two of his aides criminally violated the Texas Election Code by accepting unlawful political contributions. The Court held that the conspiracy statute applied to felonies punishable under the Texas Penal Code but not under any other Texas statute, including the Election Code. State of Texas v. Colyandro, No. PD-826-06 (Tex. Crim. App. June 27, 2007).
Four of the nine judge dissented. And at least five, including a concurring judge, seemed to agree that the precedents on which the majority relied didn’t make sense. Story from The Dallas Morning News here.