Texas' highest criminal court has declined to intervene in the dispute over the judge in Attorney General Ken Paxton's securities fraud case, paving the way for Paxton to finally receive a new judge.
On Friday, prosecutors asked the state Court of Criminal Appeals to reverse a lower appeals court ruling that supported Paxton's push to remove the judge, George Gallagher. On Wednesday, however, the Court of Criminal Appeals denied the prosecutors' request without explanation.
The Dallas-based 5th Court of Appeals had ruled Gallagher lost jurisdiction over the case when he changed venue to Harris County in April. The ruling voided all subsequent orders by Gallagher, including one that slated a September trial date.
Paxton's lawyers have been trying to ditch Gallagher since his decision to move the case out of Collin County, Paxton's home county.
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The legal saga involving Paxton has gone on for almost two years. He is accused of misleading investors in a company from before his time as the state's top lawyer, and if convicted he could face up to 99 years in prison.
Before the appeals court ruling, Paxton was set to go to trial Sept. 12 in Houston on the lesser of three charges he faces.