Yes, Trump Is (Still) Engaged in an Attempted Coup; and Yes, It Might Lead to a Constitutional Crisis and a Breaking Point

NEIL H. BUCHANAN

UF Levin College of Law professor and economist Neil H. Buchanan explains why Donald Trump’s actions reflect an attempted coup and might still lead to a constitutional crisis. In this column, Buchanan first explains what a coup is and describes the ways that Trump has failed in his attempts thus far. Buchanan warns about how all this could still end in a constitutional crisis that Trump creates and exploits to stay in power.

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In re Honorable Velia Meza, 226th Jud. Dist. Ct., Bexar Cty, Texas

Docket: WR-90,325-01

Opinion Date: November 18, 2020

Judge: Sharon Keller

Areas of Law: Constitutional Law, Criminal Law

A district attorney called a subordinate into his office to discuss a case and review the case file. Within a few weeks, the district attorney’s official status ended, he became part of a private law firm, and a member of that private law firm substituted in as defense counsel in the case. The State moved to disqualify the entire firm. The trial court denied the motion, but the court of appeals granted mandamus relief, ordering the trial court to disqualify the entire firm. The trial court sought mandamus relief from the court of appeals’s order. The Texas Court of Criminal Appeals concluded that under "unequivocal, well-settled law," the former district attorney was disqualified from acting as defense counsel. But the Court also concluded that the same cannot be said for the other members of the law firm. Consequently, the Court denied mandamus in part and granted mandamus in part.

Ukwuachu v. Texas

Docket: PD-0776-19

Opinion Date: November 18, 2020

Judge: Slaughter

Areas of Law: Constitutional Law, Criminal Law

The court of appeals reversed Appellant Samuel Ukwuachu’s conviction for sexual assault by concluding that the State improperly used cell-phone call and location records to impeach two defense witnesses, thereby resulting in the introduction of false evidence in violation of his due process rights. Yet, the phone records at issue were never admitted into evidence nor made part of the record. Further, no expert testimony was introduced to establish that the State misled the jury regarding any particular information shown in the records. Without these phone records or such expert testimony, Appellant could not prove that the State actually elicited witness testimony that conflicted with the substance of those records. Accordingly, the Texas Court of Criminal Appeals determined Appellant failed to make the requisite showing of falsity that must underlie any false-evidence due process claim. The Court, therefore, reversed the judgment of the court of appeals granting Appellant a new trial, and remanded this case for consideration of Appellant’s remaining issues on appeal.

Wells v. Texas

Docket: AP-77,070

Opinion Date: November 18, 2020

Judge: Walker

Areas of Law: Constitutional Law, Criminal Law

In November 2016, a jury convicted Appellant Amos Wells, III of capital murder for the 2013 murders of Chanice and Annette Reed committed during the same criminal transaction. Pursuant to the jury’s answers to the special issues set forth in Texas Code of Criminal Procedure article 37.071, sections 2(b) and 2(e), the trial judge sentenced Appellant to death. Upon automatic appeal to the Texas Court of Appeals, Appellant raised thirteen points of error. After review, the Court found no merit to any contention and affirmed the trial court's judgment and sentence.