AG: Governor may issue posthumous pardons

AG: Governor may issue posthumous pardons: "Via Kimberly Reeves at the Quorum Report, I learned that Attorney General Greg Abbott issued his first opinion of 2010 in response to questions from state Sen. Rodney Ellis declaring that, contrary to his earlier assertions, Gov. Rick Perry has full powers under the Texas Constitution to issue posthumous pardons in cases like Timothy Cole's.

While such a pardon would require that the Governor seek a recommendation from the Board of Pardons and Parole, said the AG, the Perry has full power to issue pardons in all cases except impeachment or treason, with no other limitations.

The Governor had relied on an old AG opinion stating that posthumous pardons were impossible because a pardon must be 'accepted,' but this new opinion points out that since then the US Supreme Court called that stance 'a legal fiction at best' and has not relied on the notion since 1833. In any event, Abbott said the 'acceptance' requirement only made sense when pardons are 'conditional' and does not apply in posthumous innocence cases.

Abbott also noted that the Texas Legislature had authorized compensation for false convictions 'including a person who received a posthumous pardon,' language which 'appears to recognize the shift in United States Supreme Court precedent.'

All this clears the way for Governor Perry to ask the Board of Pardons and Parole for a pardon recommendation for Timothy Cole, who was falsely convicted of rape and died in prison before DNA cleared his name last year. Cole's family has been adamant demanding the Governor pardon their departed relative, and with this opinion I see no reason that process wouldn't proceed.

See the full opinion.

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