Keller asks for higher standard of evidence at upcoming hearing



12:45 PM Tue, Aug 04, 2009
The Sharon Keller saga just keeps getting quirkier and quirkier.

The Texas Lawyer blog reports that the presiding judge of the Texas
Court of Criminal Appeals argues in a motion filed last week that a
higher standard of evidence should apply in her upcoming disciplinary
hearing than the one required by the State Commission on Judicial
Conduct. Keller asked district judge David Berchelmann Jr. to base
his findings on the standard of "clear and convincing" evidence
instead of the lower standard of "preponderance" of the evidence.

The hearing, set for Aug. 17 in San Antonio, is to determine whether
Keller committed misconduct when she told the Court's general counsel
that the clerk's office would close at 5 p.m. on the day Michael
Richard was scheduled for execution. Richard's attorneys were unable
to meet the deadline because of alleged computer problems, resulting
in the execution of their client later that evening.

http://crimeblog. dallasnews. com/archives/ 2009/08/keller- asks-for-
higher-standar. html