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To: Cboldt

Clint Broden rocks.

Question: Does he have any recourse to file in another court due to the long delay in getting a ruling? Or can the court just sit silent on the matter?

I know of a challenge to probable cause for a mass arrest in New York that took almost ten years to resolve


87 posted on 11/11/2015 2:06:31 PM PST by don-o (I am Kenneth Carlisle - Waco 5/17/15)
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To: don-o
-- Does he have any recourse to file in another court due to the long delay in getting a ruling? Or can the court just sit silent on the matter? --

The Texas Court of Criminal Appeals is one of two "supreme" courts in Texas, the other one deals with civil/non-criminal issues. So, no, he has no higher court to turn to if this one sits on the gag order case.

He does have recourse to federal courts for his claim of civil rights violations, but I think that claim is premature at this point, because Clendennen's indictment has to play out, first. There can't be both a wrongful arrest and a conviction on the same arrest, so the path to conviction has to be exhausted before he can prevail on a claim of deprivation of rights or false arrest. Off the top of my head, I think he can and should file the claim while his criminal matter is pending, but he would also ask to have the action stalled until the criminal case plays out. I think that on the basis that he has to file in order to meet his statute of limitations on filing a claim.

He can file a similar "deprivation of rights" claim in Texas court too, based on Texas statute rather than on federal "1983" law.

90 posted on 11/11/2015 2:31:43 PM PST by Cboldt
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