Michael Jackson's Doctor Wants to Keep License (Texas)

MaryK

http://www.courthousenews.com/2012/10/02/50842.htm<br /><br />Michael Jackson's Doctor Wants to Keep License<br />By DAVID LEE<br /><br />AUSTIN (CN) - Conrad Murray, the doctor convicted of killing Michael Jackson, has filed a lawsuit to prevent the revocation of his medical license in Texas.<br />Murray is serving four years for the involuntary manslaughter of the 50-year-old pop icon. On Monday, he sued the Texas Medical Board in Travis County Court, arguing that he had agreed to an indefinite suspension of his license pending the outcome of the California criminal case and that the conviction is not final because his appeal is pending.<br />"The board is only going forward on the sole ground that as Murray has been preliminarily convicted of a felony in California, the board may revoke his license," the nine-page complaint states. "California law states that a conviction is not final until appeals are complete and remittitur is issued form the appellate courts (like a mandate in Texas)." (Parentheses in original.)<br />Under Texas rules of evidence, a pending appeal renders evidence of a conviction as inadmissible, Murray says.<br />Texas Court of Criminal Appeals precedent also holds that convictions are not final until appeals are complete, according to the complaint.<br />"Therefore, there is no purpose for the board moving ahead on October 2, 2012, other than to revoke license which is disallowed by its own rules and outside the mandate of the [Texas] legislature and to obtain a result without the testimony of Murray, who being incarcerated, is unable to attend and participate in the [informal settlement conference] in person to testify," the complaint states. "The board seeks to move ahead in abrogation of Murray's Texas and States rights against self-incrimination which keep him from participating."<br />Murray says he can participate in the conference after the resolution of his conviction, and that this is the "clear reasoning" behind the board's rule preventing license revocations until after convictions are final.<br />Murray seeks injunctive relief. He is represented by Charles Peckham of Houston.<br />Jackson, who had hired Murray as his personal physician in May 2009 for $150,000 a month, died in June 2009 after overdosing on propofol, a powerful sedative.

Loveunited

Nice and tidy......So appeal goes through, "Conrad" Murray (Earl), gets "released" (after all there is no manslaughter here and no conviction to begin with); the "good doctor" retains his license to practice, MJ has been vidicated, and off we go! Does anyone remember when in the script of this movie says the "appeal" is supposed to be heard?

bec

Probably not until after his scheduled release one year from now. Well... that's how the story line goes anyway.

blankie

on 1349286171:

<br />Probably not until after his scheduled release one year from now. Well... that's how the story line goes anyway.<br />

<br /><br /> :icon_e_wink:  great bec !!!  :icon_e_wink: :michael-jackson:

pepper

[size=14pt]Is this another one of those fake news articles?  :icon_e_wink: <br /><br />This "news" - as far as I can tell - has not been picked up by the Associated Press or even TMZ!  <br /><br />The only source for this "News" is http://www.courthousenews.com/2012/10/02/50842.htm  <br /><br />I found this at http://lawprofessors.typepad.com/trusts_estates_prof/<br />[/size]<br />"Wednesday, October 3, 2012<br />Conrad Murray Sues To Prevent Revocation of His Medical License<br /><br />[size=14pt]Conrad Murray, the doctor who was convicted of killing Michael Jackson, is currently serving four years for involuntary manslaughter.  He recently filed a lawsuit in Texas attempting to prevent the revocation of his medical license.  He sued the Texas Medical Board in Travis County Court, arguing that he only agreed to an indefinite suspension of his license pending the outcome of the California criminal case.  The board went ahead and revoked his license on the basis that he has been preliminarily convicted of a felony in California.<br />[/size]<br />Mr. Murray is seeking injunctive relief arguing that since his appeal is still pending, that conviction is not final and the board cannot yet revoke his license. The complaint indicates that, under Texas rules of evidence, a pending appeal makes evidence of a conviction inadmissible and the Texas Court of Criminal Appeals precedent holds that convictions are not final until appeals are complete. <br /><br />[size=14pt]Source: See David Lee, Michael Jackson's Doctor Wants to Keep License, Courthouse News Service, Oct. 2, 2012. "[/size]<br />________________________________________________________________________________________________<br /><br />[size=14pt]The problem is, if you go to this link of Murray's supposed Texas Medical License verification, it states that Murray's license is NOT revoked.  It is still only listed as "suspended".  It gives the current date (October 3,  2012) and states that "The information in this box has been verified by the Texas Medical Board"<br /><br />http://reg.tmb.state.tx.us/OnLineVerif/Phys_ReportVerif.asp?ID_NUM=481975&Type=LP&LicensePermit=M0502[/size]<br /><br />[size=14pt]It looks like his license is expired because he didn't pay to renew it - but it isn't revoked.<br />[/size]<br />Expiration Date of Physician’s Annual Registration Permit: 08/31/2012<br /> <br />Registration Status: DELINQUENT-NON PAYMENT Registration Date: 09/30/2012<br />Disciplinary Status: SUSPENDED BY BOARD Disciplinary Date: 02/10/2012<br /><br /><br />[size=14pt]Link to 2 "Board Orders" - neither one is to "revoke" his license.<br /><br />http://reg.tmb.state.tx.us/TMBPublicWebSite/BoardOrders/ViewBoardOrders.aspx?ID_NUM=481975&SESSION_ID=514007034[/size]

bec

Nice job, pepper. They're almost getting sloppy with the paper trail these days.

MaryK

The article doesn´t state that his license has been revoked<br /><br />

has filed a lawsuit to prevent the revocation of his medical license in Texas

<br /><br />Oh well....A stitch in time saves nine  :icon_lol: