Clint Broden Says:
September 24, 2015 at 2:15 pmThe order yesterday was NOT a final ruling on the gag order. There is a lot of confusion. All the parties and two amici filed briefs on the gag order on the legality of the gag order on September 14, 2015. On September 212, 2015, I, on behalf of my client, filed an emergency motion to immediately violate the gag order based on the "unclean hands" argument that the DA was continuing to violate the gag order.
Yesterday, the Court of Criminal Appeals simply denied the emergency motion and wrote that it was denying the motion to vacate the stay on equitable grounds given that the briefs on the merits were already filed.
The merits briefs will actually be submitted to the judges on October 7, 2015. They will issue an ruling on the actual validity of the gag order sometime after that. While the Court of Criminal Appeals will likely act expeditiously there is no deadline for it to rule.