Dear John,

I have two important updates for you as we head into the holidays.

First, we lost a case at the 5th Circuit Court of Appeals last week. A three-judge panel ruled against us in the case of Erma Wilson—a Texas woman who was wrongfully convicted by a prosecutor who moonlit as the right-hand advisor to the judge hearing Erma’s criminal case.

But this case isn’t close to over, and how we lost gives us hope for the next phase of litigation.

In their opinion, the judges recognized that because the prosecutor, Ralph Petty, was operating on both sides of the bench, it “flattened [Erma’s] constitutional guarantee of a fair trial.” The panel went on to write that Erma’s case “underscores that the American legal system regularly leaves constitutional wrongs unrighted.” Yet they felt compelled to rule against us 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!

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. Thanks to dedicated supporters like you, we will continue to pursue justice for her and for the hundreds of other individuals who were deprived of a fair trial because of Petty's “dodgy side hustle,” as the judges memorably described it.

And courts are embracing our legal theories in other contexts.

Just yesterday, we scored the latest win in our fight to protect occupational speech. With the court granting a preliminary injunction, our client Lauren Richwine will now be able to continue helping families deal with terminal diagnoses through emotional and practical support as the case unfolds.

In its tour de force opinion, the court completely adopts our position—the right to speak for a living is constitutionally protected. A win at this stage signals that the court understands and agrees with IJ’s view, which is a very promising sign for ultimate victory down the road.

We are thankful to all our supporters for standing with us as we seek to secure freedom and justice for Erma, Lauren, and for so many more.

Scott

Scott G. Bullock

President and Chief Counsel

Institute for Justice

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