Posted on 09/23/2017 5:18:29 AM PDT by Elderberry
2nd amendment mama to TexasGator
Your comment on Post 35: “I see you cannot show where this is a state prosecution ...”
My comment from post 38: “54th State District Judge Matt Johnson.
Duh. The Judge is not the prosecutor, dummy.
You: From the article: "McLennan County District Attorney Abel Reyna’s office" .... Obviously, reading comprehension isn't your strong suit!
Obviously, reading comprehension isn't your strong suit!
Lesson for you. We have three branches of government.
The Judicial, the Legislative and the Executive.
Since 1923, the State Prosecuting Attorney has been charged with representing the people of Texas before the Court of Criminal Appeals, the State's highest criminal court. The office has assumed additional responsibility over the years, as changes and improvements have been made in the criminal justice system. The duties of the office are set out by the Texas Legislature:
- The State Prosecuting Attorney represents the state in all proceedings before the Court of Criminal Appeals.
- The State Prosecuting Attorney may also represent the state in any stage of a criminal case before a state court of appeals if she considers it necessary for the interest of the state.
- The State Prosecuting Attorney may assist a district or a county attorney in representing the state before a court of appeals if requested to do so by the district or county attorney.
- The State Prosecuting Attorney may be assisted by a district or county attorney in representing the state before the Court of Criminal Appeals.
In carrying out these duties, the State Prosecuting Attorney and two assistant State Prosecuting Attorneys keep abreast of the latest criminal law issues and review the opinions from Texas appellate courts; submit petitions, briefs and oral argument in the cases of greatest importance to the State's criminal jurisprudence; and work closely with local district and county attorneys across the State on emerging criminal law issues. Our goal is to provide the highest level of legal advice and counsel to prosecutors and the best possible representation to the citizens of Texas.
District Attorney
- Represents the state in prosecuting felony criminal cases.
- Works with law enforcement officers in the investigation of criminal cases.
- Presents cases to the grand jury.
- Represents victims of violence in protective orders and represents the state in removing children from abusive households.
County Attorney
- Represents the state in prosecuting misdemeanor criminal cases.
- Works with law enforcement officers in the investigation of criminal cases.
- Provides legal advice to the Commissioners Court and to other elected officials.
- Brings civil enforcement actions on behalf of the state or county.
Some counties do not have both a County Attorney and a District Attorney. These counties have either a Criminal District Attorney or a combination County and District Attorney. In these counties, one office performs the functions of both the County Attorney and the District Attorney.
For more complete information about the duties of a county and district attorney and other county officials, see the “2016 Guide to Texas Laws for County Officials."
LOL!
McLennan County District Attorney Abel Reyna
The County/District Attorney represents the state in prosecuting felony criminal cases.
“Represents”
It is still a county prosecution and county grand jury.
The judge hearing this is a STATE judge NOT a county judge. Hence, state court.
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