Fifth Circuit Rejects Lawsuit Against Texas Prosecutor Who Also Worked For Judge

Twenty years after being convicted of (vehemently denied) cocaine possession, Erma Wilson learned that the Midland County, Tex. prosecutor (Weldon "Ralph" Petty) on her case was also moonlighting as a law clerk for the presiding judge, a flagrant violation of the constitutional right to a fair trial. Yikes! Though she never served any jail time on the eight-year suspended sentence, the conviction meant she's been unable to pursue a lifelong dream of becoming a nurse. Can she sue for money damages? Fifth Circuit (en banc): Nope, she's got to get her conviction overturned first. Dissent: There is a "deep and enduring" circuit split on this, and our circuit "has been on the wrong side of this fateful split for almost a quarter-century," unjustifiably cutting off access to federal court for federal constitutional violations.