AUSTIN - Following a loss at the 5th Circuit Court of Appeals in December, the Institute for Justice said it would continue its efforts to overturn a Texas woman’s wrongful conviction case.
On Feb. 14, the 5th Circuit agreed to rehear the case, calendaring it for oral argument on May 13, 2024.
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 previously stated 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.
“We knew when we launched this case that an easy win would be impossible,” said IJ president Scott G. Bullock.
“It’s often a long road to justice—two years after filing the case we’re still fighting about whether we’re allowed to file this case—but it’s a road that’s vitally important to the rights of Erma and countless other people nationwide.”
Case No. 22-50998