Court Asks for Response to DeLay Motion (disputes DeLay spokesman)

[Rose Siding]

AUSTIN, Texas - The state's highest criminal court has asked prosecutors to respond to former House Majority Leader Tom DeLay's request that the charges against him be dismissed.

The all-Republican appeals court on Tuesday gave prosecutors a week to submit arguments regarding the request filed Friday by DeLay attorney Dick DeGuerin. The court will decide whether to take the case after the prosecutors' response is received.

DeLay spokesman Kevin Madden issued a statement Tuesday night saying the court had agreed to hear the case. A court official said Wednesday that was incorrect. The court's order had noted DeLay has filed the request and "it is ordered that the State may respond to these pleadings no later than one week from the date of this order."

yahoo