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Prosecutor’s Dual Role Working for Judge Tainted Death Case

Sept. 23, 2021, 3:22 PM

A Texas death row inmate is entitled to a new trial because at the time of his trial one of the prosecutors was being paid to write post-conviction opinions for the trial judge, a Texas appellate court said.

Weldon Petty’s dual role violated Lee Young’s due process right to a fair trial, the unpublished per curiam opinion said.

Although he wasn’t the lead prosecutor in Young’s 2003 murder trial, Petty wrote and argued most of the motions, the Texas Court of Criminal Appeals said.

Evidence showed that while Young’s trial was proceeding, Petty was also being paid to handle Judge ...

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