AUSTIN - A recent loss at the 5th Circuit Court of Appeals hasn’t deterred the Institute for Justice from its efforts to overturn a Texas woman’s wrongful conviction case.
On its website, IJ states that over 20 years ago Erma Wilson was wrongfully convicted of drug possession by a prosecutor for Midland County, Texas who worked as a prosecutor by day and as a law clerk by night for the very same judges he argued before.
“Since she was nine years old, Erma (Wilson) dreamt of becoming a registered nurse,” IJ writes. “But because Texas will not grant registered nursing licenses to people convicted of drug-related offenses, Erma was never able to realize her dream.”
IJ sent out an email stating that the 5th Circuit recognized that because the prosecutor was operating on both sides of the bench, it “flattened (Erma Wilson’s) constitutional guarantee of a fair trial,” but went on to write that her case “underscores that the American legal system regularly leaves constitutional wrongs unrighted.” Yet, justices were compelled to rule against IJ because of existing precedent in the circuit court.
“In other words, IJ is right, the law just isn’t where it should be ... at least, not yet!,” IJ wrote in the email. “This is a major step toward presenting this case to the U.S. Supreme Court, but for now sets the stage for the entire 5th Circuit to review their previous holdings in this area.
“Our hope is that Erma will eventually be exonerated of her wrongful conviction and will be able to get back to the dreams she’s had to put on hold—including becoming a registered nurse.”