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    Governor Abbott Amicus Letter

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    Houston Chronicle
    Texas Gov. Greg Abbott chastises Texas lawmakers for delaying the execution of Robert Roberson.

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    Governor Abbott Amicus Letter

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    Houston Chronicle
    74 views5 pages
    Texas Gov. Greg Abbott chastises Texas lawmakers for delaying the execution of Robert Roberson.

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    Texas Gov. Greg Abbott chastises Texas lawmakers for delaying the execution of Robert Roberson.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    74 views5 pages

    Governor Abbott Amicus Letter

    Uploaded by

    Houston Chronicle
    Texas Gov. Greg Abbott chastises Texas lawmakers for delaying the execution of Robert Roberson.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    FILED

    24-0884
    10/21/2024 8:43 AM
    tex-93359639
    SUPREME COURT OF TEXAS
    BLAKE A. HAWTHORNE, CLERK

    G OVERNOR G REG ABBOTT


    J AMES P. S ULLIVAN (512) 936-3306
    General Counsel james.sullivan@gov.texas.gov

    October 20, 2024


    Via E-Filing
    Mr. Blake Hawthorne, Clerk
    Supreme Court of Texas
    Re: No. 24-0884, In re Texas House of Representatives

    Dear Mr. Hawthorne:

    In his capacity as the Chief Executive Officer of the State, Governor


    Greg Abbott submits this letter brief as amicus curiae supporting TDCJ
    in the above-captioned case.*

    The Texas Constitution’s Separation-of-Powers Clause provides


    that no branch “shall exercise any power properly attached to either of
    the others, except in the instances herein expressly permitted.” TEX.
    CONST. art. II, § 1. The power to grant clemency in a capital case,
    including a 30-day reprieve, is vested in the Governor alone. TEX. CONST.
    art. IV, § 11(b).

    In this case, however, actions by a single committee of a single


    chamber of the Legislature have had the effect, both legally and factually,
    of granting (at least) a 90-day reprieve. Indeed, the House Committee on
    Criminal Jurisprudence conceded as much in its response brief field
    earlier today. See Response at 3 (noting that the relief it sought and
    obtained “slowed [TDCJ] in performing an execution”); see also
    @SupremeCourtTX, X (Oct. 17, 2024), https://x.com/SupremeCourt_TX/
    status/1847107820899971266 (announcing this Court’s order “effectively
    halting the execution of Robert Roberson”). Unless the Court rejects that
    tactic, it can be repeated in every capital case, effectively rewriting the
    Constitution to reassign a power given only to the Governor.

    * No fee was paid or will be paid for preparing this brief. See TEX. R. APP. P. 11(c).

    POST OFFICE BOX 12428 AUSTIN, TEXAS 78711 512-463-2000 (VOICE) DIAL 7-1-1 FOR RELAY SERVICES

    Copy from re:SearchTX


    Here, the House Committee on Criminal Jurisprudence has stepped
    out of line. The Legislative Branch is supposed to move first, as Justice
    Young correctly acknowledged, by “defin[ing] crimes and authoriz[ing]
    punishments.” In re Texas House of Representatives, No. 24-0884, slip op.
    at 1 (Tex. Oct. 17, 2024) (Young, J., joined by Hecht, C.J., & Huddle, J.,
    concurring). Next, the Judicial Branch can order the execution of a death
    sentence under those criminal laws—bringing its role to an end. See, e.g.,
    Vandyke v. State, 538 S.W.3d 561, 572 (Tex. Crim. App. 2017)
    (“Consistent with the constitutional provision that prohibits any one
    branch of the government from exercising control over any other branch,
    we have long recognized that this Court has no power to control nor right
    to review the Governor’s exercise of his clemency power.”).

    At that point, the Governor has the ultimate authority to grant a


    30-day reprieve, or some other form of clemency. See, e.g., Ex parte Gore,
    4 S.W.2d 38, 39 (Tex. Crim. App. 1928) (“[T]he power to parole, to pardon,
    etc., is one confided by our Constitution to the Governor of this state, over
    whose discretion in such matters this court has no control or right of
    review.”). Nowhere does the Constitution even impliedly suggest—much
    less “expressly permit” as the Separation-of-Powers Clause requires—
    that the Legislative Branch can cut in again at the end.

    If the House Committee on Criminal Jurisprudence thinks itself


    entitled to testimony from a criminal on death row, a point which is not
    conceded, it could have done so without erasing the authority given
    exclusively to the Governor. Robert Roberson was convicted over two
    decades ago. His claim under Article 11.073 of the Texas Code of Criminal
    Procedure—the supposed point of hearing his legislative testimony—was
    rejected by the Court of Criminal Appeals over a year ago. And his
    execution date was set months ago. In all that time, even when it was
    clear that Roberson’s execution date was nearing and the Article 11.073
    issue was manifest, the House Committee could not trouble itself with
    seeking Roberson’s testimony. Only at the eleventh hour, when the
    Constitution empowers the Governor to make the last move, did the
    House Committee decide to violate the Separation-of-Powers Clause.

    “The Governor shall have the power to grant one reprieve in any
    capital case for a period not to exceed thirty (30) days . . . .” TEX. CONST.
    art. IV, § 11(b) (emphasis added). Nobody other than the Governor, in
    2

    Copy from re:SearchTX


    any branch of this State’s government, can exercise that constitutional
    clemency power. Not the House Committee on Criminal Jurisprudence.
    Not the 53rd Judicial District Court of Travis County. Not the Court of
    Criminal Appeals. Not even the Supreme Court of Texas.

    The Court should dismiss the House Committee’s petition for lack
    of jurisdiction. There is no reason to delay. At a minimum, though, the
    Court should immediately vacate the temporary injunction, which rests
    on a subpoena that, on its face, was not signed by the officer required by
    law. See TEX. GOV’T CODE § 301.024(a); H.R. 1, § 13, 88th Leg., at 13
    (2023).

    Respectfully submitted.
    /s/ James P. Sullivan
    JAMES P. SULLIVAN
    General Counsel
    Texas Bar No. 24070702
    james.sullivan@gov.texas.gov
    TREVOR W. EZELL
    Deputy General Counsel
    JASON T. BRAMOW
    Assistant General Counsel
    Office of the Governor
    P.O. Box 12428
    Austin, Texas 78711
    (512) 936-3306
    Counsel for Amicus Curiae

    Copy from re:SearchTX


    CERTIFICATE OF COMPLIANCE

    Microsoft Word reports that this document contains 737 words,


    excluding the exempted portions of the document.

    /s/ James P. Sullivan


    James P. Sullivan
    Counsel for Amicus Curiae

    CERTIFICATE OF SERVICE

    On October 20, 2024, this document was served electronically on all


    counsel of record as follows:

    Jeff Leach (jleach@grayreed.com)


    Joe Moody (joe.moody@house.texas.gov)
    Counsel for Petitioners

    Billy Cole (william.cole@oag.texas.gov)


    Counsel for Respondents

    /s/ James P. Sullivan


    James P. Sullivan
    Counsel for Amicus Curiae

    Copy from re:SearchTX


    Automated Certificate of eService
    This automated certificate of service was created by the efiling system.
    The filer served this document via email generated by the efiling system
    on the date and to the persons listed below:

    Envelope ID: 93359639


    Filing Code Description: Amicus Brief
    Filing Description: Letter brief as amicus curiae supporting TDCJ
    Status as of 10/21/2024 8:48 AM CST

    Associated Case Party: Office of the Attorney General of Texas

    Name BarNumber Email TimestampSubmitted Status

    Edward Marshall edward.marshall@oag.texas.gov 10/21/2024 8:43:25 AM SENT

    William Cole william.cole@oag.texas.gov 10/21/2024 8:43:25 AM SENT

    Associated Case Party: Texas Department of Criminal Justice

    Name BarNumber Email TimestampSubmitted Status

    Stephanie Greger stephanie.greger@tdcj.texas.gov 10/21/2024 8:43:25 AM SENT

    Associated Case Party: Office of Governor Greg Abbott

    Name BarNumber Email TimestampSubmitted Status

    James Sullivan james.sullivan@gov.texas.gov 10/21/2024 8:43:25 AM SENT

    Copy from re:SearchTX

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