Which one do you think it was?
I never assign to malice what can be adequately explained by incompetence.
“Prayer for Relief”? Really? (pdf file)
That’s the official language to use here?
You know what they say - When in Rome…
If you want to change the wording of Texas law, you should talk to your Texas representatives.
Convincing? You’re a lawyer and I’m not but I’ll bet you $50 that the motion is denied. It might convince the choir, but it’s not going to convince the court. I don’t think a judge is going to declare a law invalid, unconstitutional of whatever else based on an ex parte motion.
I believe that is the appropriate language here. It isn’t prayer in the sense of praying to God for divine intervention. A prayer is a question or request. It’s fancy language, not a religious statement.
I think the article was written by someone who is not a lawyer and saw that the law was amended in 1993 and left it at that.
In some other jurisdictions (e.g. California) it would probably be called a “Pleading.”
Yeah, I know…“prayer”… :rolleyes:
Nothing in Texas law requires the prayer for relief. The Texas Rules of Civil Procedure require that one be included in a petition for trespass to try title, but not in any other document (and that requirement is probably only there because the rules committee haven’t gotten around to removing it.)
This. Initial pleadings traditionally end with prayers for relief so most lawyers still have them in their forms. It could just as easily say “for the foregoing reasons, Applicant requests that his Petition be granted” or somesuch.
“Pleading” is a generic term for any document laying out claims or defenses. A prayer for relief is a specific portion of a pleading.
It appears that the term “Prayer For Relief” is a court recognized term for what a plaintiff is asking the court to do. If you object to it’s use, you’ll have to take up that issue with your state legislature.
*Prayer For Relief Law & Legal Definition
Prayer for relief is a request or prayer made to the court. The term is usually shortened to prayer. A prayer is a part of a pleading, and it usually appears at the end of the pleading. It includes a request for specific relief or damages which the pleader deems himself entitled.
Relief in the alternative or of several different types may be demanded. [ Fed. R. Civ. P. 8(a)]. A prayer for relief is also termed as a demand for relief.*
I don’t object to its use. I said it isn’t necessary. And the state legislature has nothing to do with it; Texas’ rules of procedure are drafted by its supreme court.
Then there are two options. Appeal to the state supreme court for removal or ask the state legislature to address the issue.
I think it was incompetence.
But a special brand of incompetence, one that was illustrated nicely by the Bush White House.
There was a lot of talk about how “Bush lied.”
I didn’t buy that. What Bush, and his senior staff, did was not lie – they simply applied strong scrutiny to ideas and conclusions that they disliked and accepted with total credulity conclusions and ideas they liked.
I think the same thing happened here. If this claim had been something the author, or the paper, didn’t want to see, they would have extensively researched the issue and discovered the additional facts. Instead, they liked it, so they printed it, with no meaningful examination.
The thing about the pretrial writ of habeas corpus is that it can be appealed immediately – before trial. So if you’re willing to take the bet that the motion loses, counting any appeal, I’ll take that bet.
In other words, if the judge denies this motion, Perry can appeal it. I’m saying I’d win the bet if the motion wins at the trial court or on appeal.
The judge doesn’t need to declare anything unconstitutional – Hanson already did that.
Sorry, I don’t think the trial judge will grant the motion on based on what it’s arguing, but I don’t have the same confidence about what an appeals court may do. Maybe next time.
And from a procedural standpoint, that’s the beauty of this: it’s appealable pre-trial.
Maybe it’ll help if Perry gives the judge one of these t-shirts.
Right. Older lawyers tend to use those words in their pleadings. I use “request.”
If the defense prevails, can the prosecution also appeal?
Yes. As a general rule the only thing the prosecution can’t appeal (that the defense can) is a jury verdict.