The majority of judges on the Texas Court of Criminal Appeals have refused to consider an appeal by a man who argued that his 1992 Collin County trial was tainted because the judge and prosecutor in his case were having a secret romantic affair.
In dissent, Presiding Judge David J. Schenck wrote that the majority on the state’s highest criminal court sacrificed concerns about a fundamental breakdown in due process simply to seek finality in the long-standing appeals of a three-decade-old case.