Home -> Law Blog Directory -> Criminal Law Blogs -> Grits for Breakfast

Criminal Law

: Grits for Breakfast

Can Governor Rick Perry pardon Anthony Graves?

Perhaps the Governor's office spoke too soon about their authority to pardon Anthony Graves. Over at Pardon Power, clemency expert PS Ruckman is "baffled" that "the Governor's office says Rick Perry cannot pardon [Anthony] Graves because 'a federal appeals court had thrown out the original conviction, and a governor could only pardon a convicted criminal.' See story here."Ruckman notes that, at the federal level, "The U.S. Supreme Court has long ruled that the president can grant a pardon at any time, before, during or after conviction." In Texas, pardons can only be granted after conviction, but as Ruckman points out, "Mr. Graves was convicted (in 1994). Had there not been a conviction, he never would have seen prison." Further, he writes, "would anyone have doubted the power of the Board and Perry to commute Mr...continue to full post

Full post as published by Grits for Breakfast on February 18, 2011 (boomark / email).