This afternoon the Texas Court of Criminal Appeals granted District Attorney Susan Reed’s request for a stay of the Fourth Court of Appeals order halting the contempt proceedings against local criminal defense attorney Mike McCrum. The District Attorney is seeking review of the Fourth Court of Appeals’ decision holding that the trial court lacked jurisdiction over the case and ordering the trial court to terminate the proceedings. The stay granted today prevents the Fourth Court’s ruling from taking effect until the Court of Criminal Appeals has considered the case. The Court of Criminal Appeals has given McCrum and the lower court 30 days to respond to the State’s legal arguments.
In January of this year, the trial court directed the State to file a Motion for Contempt against McCrum based on allegations that McCrum engaged in improper conduct allegedly encouraging a witness to refrain from appearing in court and avoiding subpoena by the State. The contempt proceedings had already begun when McCrum filed a Writ of Mandamus with the Fourth Court asserting that the trial court lacked jurisdiction. Last week, the Fourth Court ruled in McCrum’s favor and the State is seeking review of that decision by the Court of Criminal Appeals.
For more information, please contact the Chief of Appeals, Rico Valdez at 335-2379.